Heritage Impact Statements NSW DA 2026: Clause 5.10, SOHI Requirements and When Councils Ask for One

A Statement of Heritage Impact (SOHI)—also called a Heritage Impact Statement—explains how proposed works affect the significance of a heritage item, conservation area or nearby listed place. In NSW it is required for State Heritage Register works (unless exempt) and is commonly required under LEP clause 5.10(5) for local items, HCAs and development in the vicinity. Use Heritage NSW’s 2023 guidelines and template—never invent significance or fees.

What is a Statement of Heritage Impact (SOHI)?

Heritage NSW’s Guidelines for preparing a statement of heritage impact (Environment and Heritage / Department of Planning and Environment, June 2023, EHG 2023/0201) define a SOHI as an assessment report that helps owners, custodians and consent authorities understand how proposed works may impact heritage significance—and what measures will avoid, minimise or mitigate harm.

Councils and applicants also use the labels Heritage Impact Statement (HIS) and heritage impact assessment. Treat them as the same document family unless a council checklist specifies a different heritage management document (for example a Conservation Management Plan).

A fit-for-purpose SOHI is not a brochure. It must demonstrate understanding of heritage significance and impact assessment, preferably prepared by an appropriately qualified heritage professional with expertise relevant to the place. Complex sites may need a multi-disciplinary team (heritage architect, historian, archaeologist, landscape architect, access consultant or engineer).

These guidelines replace the older Heritage Office / DUAP Statements of heritage impact (1996, revised 2002). Cite the 2023 document in your report introduction so assessors can check against the current template.

When do NSW councils require a SOHI for a DA?

There is no single “every DA needs a SOHI” rule. Requirement follows the listing pathway and the scale of change:

Under the Standard Instrument LEP clause 5.10 (heritage conservation):

• 5.10(4) — before granting consent for a heritage item or HCA, the consent authority must consider the effect of the proposed development on heritage significance, whether or not a heritage management document is prepared.
• 5.10(5) — the consent authority may require a heritage management document assessing the extent to which the development would affect the heritage significance of the item or area (including development in the vicinity).
• 5.10(6) — after considering significance and the extent of change, council may require a heritage conservation management plan before granting consent.

Confirm the live LEP text, Schedule 5 listing, Heritage Map and council DA checklist for the LGA. Related giantA guides on pathway and documentation include the Statement of Environmental Effects and Exempt vs CDC vs DA overview.

How do you confirm a property is heritage-listed?

Start with primary statutory sources—not real-estate marketing copy:

1. Section 10.7 Planning Certificate — request via the NSW Planning Portal or council; it flags heritage constraints known to council.
2. LEP Schedule 5 + Heritage Map — local items and HCAs are listed/described in Schedule 5 and shown on the Heritage Map.
3. State Heritage Inventory — Heritage NSW’s online inventory of local and state listings (more than 30,000 records), searchable by address/item. Treat it as general information and verify with the managing council or agency for the latest boundaries and statements of significance.
4. State Heritage Register — items of state significance protected under the Heritage Act 1977; check exemptions before assuming a DA alone is enough.
5. Australian Heritage Database — Commonwealth, National and World Heritage listings where relevant.

Inventory URL: State Heritage Inventory (Environment and Heritage).

SHR vs local listing: what changes in practice?

State Heritage Register. Before works proceed, determine whether they are exempt under the Heritage Act. If not, Heritage Act approval is required and the application must be supported by a SOHI. A Conservation Management Plan (CMP) may already exist; the SOHI should assess consistency with CMP policies. Demolition of SHR fabric must respond to the Act’s statutory tests—do not treat SHR demolition like a routine local DA issue.

Local LEP item / HCA. Clause 5.10(2) lists works that need consent. Exempt and complying pathways under the Codes SEPP may still be constrained by heritage—always check whether heritage listing removes CDC eligibility for the proposed works. Council may require a SOHI under 5.10(5) even for works “in the vicinity” of a listed place.

Aboriginal cultural heritage. The Heritage NSW SOHI guidelines expressly do not cover works to Aboriginal objects and places under the National Parks and Wildlife Act 1974. If a listing identifies Aboriginal cultural heritage values, engage appropriate Aboriginal cultural heritage expertise and confirm separate approval pathways. Do not fold AHIMS-sensitive material into a public SOHI without advice.

What must a SOHI include (2023 Heritage NSW template)?

Minimum content from the guidelines:

• Site description (including site map)
• Site history
• Physical analysis
• Heritage significance of the item, elements and setting (existing listing statement, updated if inadequate)
• Description of proposed works / activities
• Detailed heritage impact analysis against identified levels of significance (local / state / national or world as applicable)
• For non-listed sites in HCAs or works in the vicinity—assessment of contribution to or detraction from significance
• Conclusion with recommended conditions and/or mitigation measures

The published template structure is:

1. Cover page — item name, listing number, address, proposal title, author qualifications, client, date/issue
2. Section 1 – The heritage item — site description, listings table, context, works area, summary history, physical analysis
3. Section 2 – Significance assessment — statement of significance, grading of elements, significance of the works area
4. Section 3 – Proposed works — detailed proposal, drawing schedule with revision numbers, alternatives considered, pre-lodgement advice
5. Section 4 – Heritage impact assessment — fabric/spatial arrangements; setting, views and vistas; landscape; use; demolition; curtilage; moveable heritage; Aboriginal cultural heritage; historical archaeology; natural heritage; conservation areas; cumulative impacts; CMP consistency; other items in the vicinity
6. Section 5 – Summary and recommendations — overall impact (positive / neutral / adverse) and mitigation

Depth scales with impact. Minor internal works to non-significant fabric need less narrative than partial demolition of highly significant fabric—but the headings should still be addressed (mark “not applicable” where genuine).

How should architects and planners coordinate drawings with the SOHI?

SOHIs fail when plans, SEE and heritage text describe three different projects. Coordinate early:

• Architect / designer — freeze demolition extents, addition envelopes, materials, roof forms, joinery, landscape removals and services penetrations; provide existing/proposed plans, elevations, sections and photomontages of key views.
• Heritage consultant — grade fabric, map impacts to significant elements, test alternatives, write the SOHI against the 2023 template, and flag where design should change before lodgement.
• Town planner — frame clause 5.10 considerations in the SEE; cross-reference the SOHI; avoid inventing significance statements that conflict with the listing or the SOHI.

giantA provides architecture, drafting and BASIX/NatHERS services from Parramatta CBD across Greater NSW, and coordinates heritage consultants into the DA package so drawings and the SOHI tell one story. See giantA services and architectural services.

For HCA renovations specifically, also see our earlier guide: Renovating in a Heritage Conservation Area in NSW 2026—this article focuses on the SOHI instrument itself under clause 5.10 and the 2023 statewide guidelines.

Common works types and heritage questions to answer

Table 2 of the guidelines lists specific questions by works type. Practically, expect council RFIs if your SOHI is silent on:

Where tree protection intersects heritage landscape values, coordinate with an arborist package early—see Arborist reports NSW DA 2026.

CDC, exempt development and heritage: high-level cautions

Heritage listing frequently removes or narrows complying development. The Codes SEPP and LEP must be read together—do not assume a rear pavilion that would be CDC on a non-listed lot remains CDC inside an HCA or on a Schedule 5 item. If heritage triggers merit assessment, plan for a DA, SOHI and longer programme rather than forcing a CDC pathway that will fail at certification.

Exempt development may still be available for very limited works, but borderline cases (especially external fabric, roofs, fencing and landscape in HCAs) should be confirmed against the current Codes SEPP and council advice before work starts.

Process overview: from due diligence to lodgement

1. Confirm listings via 10.7 certificate, LEP Schedule 5 / Heritage Map, State Heritage Inventory and (if relevant) SHR / Commonwealth lists.
2. Decide pathway: Heritage Act exemption / approval, DA, or (rarely) remaining CDC/exempt eligibility.
3. Engage heritage consultant early—ideally before detailed design freezes unsympathetic envelopes.
4. Assemble existing information: listing statement, prior SOHIs, CMP/CMS, archival drawings and photos; fill gaps where the listing is thin.
5. Iterate design against significance grading; document alternatives discarded.
6. Prepare SOHI to the 2023 template; attach drawing schedule with revision dates matching the DA set.
7. Cross-reference the SOHI in the SEE; lodge via the NSW Planning Portal with council checklist items complete.
8. Respond to RFIs with tracked drawing revisions and SOHI addenda—do not silently change demolition extents.

How to avoid heritage RFIs

1. Use the 2023 guidelines and template—not the superseded 1996/2002 format alone.
2. Quote the actual statement of significance from the statutory listing; update it properly if inadequate—do not invent values.
3. Grade fabric so assessors can see what is highly significant versus intrusive.
4. Match drawings to narrative—demolition hatches, materials schedules and photomontages must equal the SOHI text.
5. Address vicinity / HCA impacts even when the subject lot is unlisted.
6. Document alternatives—especially where adverse impact remains; explain why a more sympathetic option was not viable.
7. Separate Aboriginal cultural heritage processes from the built-heritage SOHI when NPW Act issues arise.
8. Do not invent consultant fees in the SEE or blog-style advice—quote only after a scoped fee proposal.

Frequently asked questions

Is a SOHI the same as a Heritage Impact Statement?

Yes in ordinary NSW practice. Heritage NSW uses “statement of heritage impact (SOHI)” and notes it can also be called a heritage impact statement or heritage impact assessment. Follow whatever label your council checklist uses, but keep the 2023 content structure.

Does every heritage DA need a Conservation Management Plan?

No. Clause 5.10(6) allows council to require a CMP after considering significance and the extent of change. Many local DAs proceed with a SOHI alone. SHR items and major change proposals are more likely to need an endorsed CMP.

Who should prepare the SOHI?

Heritage NSW recommends an appropriately qualified and experienced heritage professional with expertise relevant to the item. Multi-disciplinary input may be required. Owner-written statements are rarely accepted for complex or high-significance places.

Do I need a SOHI if my lot is not listed but sits next to a heritage item?

Possibly. Clause 5.10(5) expressly allows a heritage management document for development in the vicinity of a heritage item or HCA. Councils commonly request vicinity assessments for scale, setbacks, materials and view impacts.

Are Aboriginal cultural heritage impacts covered by the SOHI guidelines?

No. The 2023 guidelines state they do not apply to works to Aboriginal objects and places under the National Parks and Wildlife Act 1974. Use the correct Aboriginal cultural heritage pathway and specialist advice.

Where can I find the official SOHI guidelines?

Environment and Heritage hosts Guidelines for preparing a statement of heritage impact (PDF, June 2023): environment.nsw.gov.au PDF.

Should the SOHI discuss climate adaptation and energy upgrades?

Yes where relevant. The guidelines include matters for consideration on climate-change response and energy-efficiency upgrades, including whether works affect how the heritage item was designed to function climatically. Coordinate with BASIX/NatHERS where residential alterations trigger those certificates—see BASIX and NatHERS.

Key takeaways for 2026 NSW projects

Treat the SOHI as the evidence spine of any heritage-affected DA: confirm the listing pathway, engage heritage expertise early, write to the 2023 Heritage NSW template, and keep drawings, SEE and impact conclusions identical. Expect clause 5.10(5) documents for local items, HCAs and vicinity sites, and a Heritage Act + SOHI pathway for non-exempt SHR works. Never invent significance, exemptions or fees.

For coordinated architectural documentation and approval support across Greater NSW—from Parramatta CBD outwards—visit giantA services.

Sources

• Heritage NSW / Environment and Heritage, Guidelines for preparing a statement of heritage impact (June 2023, EHG 2023/0201) — PDF.
• Heritage NSW — State Heritage Inventory.
• Standard Instrument LEP clause 5.10 (Heritage conservation) — see current LEP text on legislation.nsw.gov.au (subclauses 5.10(4)–(6) on effect, heritage management documents and CMPs).
• Heritage Act 1977 (NSW) — State Heritage Register approvals and exemptions.
• Environmental Planning and Assessment Act 1979 (NSW) — Part 4 development consent.
• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — check heritage constraints on exempt/CDC pathways.
• Australia ICOMOS, The Burra Charter (2013) and Practice Note Article 22 — new work.
• NSW Planning Portal — Section 10.7 Planning Certificates and DA lodgement guidance.