26Heritage conservation
(1)Objectives
The objectives of this clause are as
follows—
(a)
to conserve the environmental heritage of the
land to which this Policy applies, and
(b)
to conserve the heritage significance of heritage
items, including associated fabric, settings and
views.
(2)Requirement for consent
Development consent is required for any of the
following—
(a)
demolishing or moving a heritage
item,
(b)
altering a heritage item, including (in the case
of a building) by making changes to the detail, fabric, finish or appearance
of its exterior,
(c)
altering a heritage item that is a building by
making structural changes to its interior,
(d)
disturbing or excavating land that is or contains
a heritage item referred to in Part 2 of Schedule 3,
(e)
erecting a building on land that is a heritage
item or on which a heritage item is located,
(f)
subdividing land that is a heritage item or on
which a heritage item is located.
(3)When consent not required
However, consent under this clause is not
required if—
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development—
(i)
is of a minor nature, or is for the maintenance
of the heritage item, and
(ii)
the proposed development would not adversely
affect the heritage significance of the heritage item,
or
(b)
the development is limited to the removal of a
tree or other vegetation that the consent authority is satisfied is a risk to
human life or property, or
(c)
the development is exempt development,
or
(d)
the development is development that, under clause
25 (Development by Crown or public authorities), does not require
consent.
(4)Effect on heritage significance
The consent authority must, before granting
consent under this clause, consider the effect of the proposed development on
the heritage significance of the heritage item concerned. This subclause
applies regardless of whether a heritage impact statement is prepared under
subclause (5) or a heritage conservation management plan is submitted under
subclause (6).
Note—
The website of the Heritage Branch of the
Department of Planning has publications that provide guidance on assessing the
impact of proposed development on the heritage significance of items (for
example, Statements of Heritage
Impact).
(5)Heritage impact assessment
The consent authority may, before granting
consent to any development on land—
(a)
on which a heritage item is situated,
or
(b)
that is a heritage item, or
(c)
within the vicinity of land referred to in
paragraph (a) or (b),
require a heritage impact statement to be prepared that
assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item
concerned.
(6)Heritage conservation management
plans
The consent authority may require, after
considering the significance of a heritage item and the extent of change
proposed to it, the submission of a heritage conservation management plan
before granting consent under this clause.
(7)Items of Aboriginal heritage
significance
The consent authority must, before granting
consent under this clause to the carrying out of development on land that is,
or contains, a heritage item referred to in Part 2 of Schedule 3—
(a)
consider the effect of the proposed development
on the heritage significance of the heritage item and, if the heritage item
comprises land, any Aboriginal object known or reasonably likely to be located
on the land, and
(b)
notify the local Aboriginal communities (in such
way as it thinks appropriate) about the application and take into
consideration any response received within 28 days after the notice is
sent.
(8)
(9)Conservation incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item, or of the
land on which such a building is erected, even though development for that
purpose would otherwise not be allowed by this Policy, if the consent
authority is satisfied that—
(a)
the conservation of the heritage item is
facilitated by the granting of consent, and
(b)
the proposed development is in accordance with a
heritage conservation management plan that has been approved by the consent
authority, and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
conservation management plan is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
and
(e)
the proposed development would not have any
significant adverse effect on the amenity of the surrounding
area.
cl 26: Am 2008 (571),
Sch 1.6 [1] [2].