Planning and heritage investigations are underway for Berry by Shoalhaven Council

Most recently a survey as party of the investigation found of 631 responses the top three most important factors for the existing and future character of Berry included heritage, rural village character and trees.

Responses noted the most pressing concerns on Berry's future character included balancing the needs of residents and tourists, serving the needs of long term and new residents, private certification, state government rules, potential for higher development and over development and non-local developers.

Community consultative body The Berry Forum's secretary Stuart Coughlan said the survey results were not a surprise.

"A DCP is not statutory, no legal binding, it's basically a guideline that council gives out to community and developers in terms of how things are built and if a developer goes to court that things don't conform with DCP, it's not a statutory instrument," Mr Coughlan said.

"It's to protect Berry's historic character and basically trying to ensure new developments or changes to existing properties are sympathetic to that current built environment, it's not a case of saying everything must be set in stone, we don't want Berry to be like a museum where no one can change anything."

"[Developers] might have a tokenistic approach to making it [Developments] fit but it doesn't fit at all, with this in place they'll have to look to the DCP and if they don't conform to the DCP on why it's not consistent it puts a few levels in their way."

In 2022 The Berry Forum and Berry residents created a draft DCP and submitted to council, which is currently listed as a draft plan on SCC's 'have your say' webpage and believed to be being considered in the investigations.

A spokesperson from SCC said the investigation was ongoing and the third stage of community consultation was about to commence with a second online survey.

"Once complete a Community Consultation Outcomes Report will be provided to Council by Locale Consulting," the spokesperson said.

"The Report will be made publicly available in due course and will help inform the preparation of the new DCP Chapter which will be the next stage of this work."

A qualified heritage consultant had also been engaged by council to review the proposed HCA boundary provided by the community for SCC to consider.

However, a Heritage Conservation Area already existed at the Berry Showground, Pullman Street and Queen Street, which is detailed in Schedule 5 of the Shoalhaven Local Environmental Plan 2014.

"The Review will inform the proposed progression of a new Heritage Conservation Area for Berry (Princess Street area) and possible additional individual items that have heritage significance," The spokesperson said.

"The inclusion of a property in a Heritage Conservation Area does not expressly prohibit development that was previously permissible, however, it does provide for an additional layer of consideration in the assessment of development applications and the application of the provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes (2008).

"Initial feedback from business owners during the consultation activities to date has indicated that a major contribution to business in Berry is related to the heritage aspects of the town and that protection of these assets is important."

President of the Berry Business Chamber Kate Dezarnaulds despite being in favour of a DCP held concerns that a HCA would be at the detriment to local businesses if there was not clearly distinguished guidelines.

"Genuine heritage buildings are in Berry and they're absolutely protected and we love them, nobody is putting those buildings at risk," Ms Dezarnaulds said.

"Increasing the restrictions on businesses and increasing the costs on timing and delays, it all has unintended consequences."

Ms Dezarnaulds, who spent six years on the National Trust of NSW board said she had a first hand understanding of the challenges heritage protected town endured, including rising commercial rents.

"We don't have any light industrial, second story office space and so the businesses of berry are currently constrained by the building envelopes we've got. If there is a heritage control precinct over the entire village then the risk to small businesses become unsustainable," she said.

"The adaptive reuse of heritage buildings is best practice and we don't need to prescribe heritage protections to entire villages.

"The ideal outcome that the vibrant village of Berry is able to continue to evolve to meet the needs of contemporary communities and we do that while protecting the beautiful, natural and indigenous heritage of the place.

"Balancing all those interests is challenging and we welcome the outcome of the consultation that the council has initiated."