26Protection of heritage items
and heritage conservation areas
(1)
The following development may be carried out only
with development consent:
(a)
demolishing, defacing or damaging a heritage item
or a building, work, relic, tree or place within a heritage conservation area,
or
(b)
altering a heritage item or a building, work or
relic within a heritage conservation area by making structural changes to its
exterior, or
(c)
altering a heritage item or a building, work or
relic within a heritage conservation area by making non-structural changes to
the detail, fabric, finish or appearance of its exterior, except changes
resulting from any maintenance necessary for its ongoing protective care which
does not adversely affect its heritage significance, or
(d)
moving a relic that is a heritage item, or a
relic (whether or not it is a heritage item) that is within a heritage
conservation area, or excavating land for the purpose of discovering or moving
any such relic, or
(e)
erecting a building on, or subdividing, land on
which a heritage item is located or which is within a heritage conservation
area.
(2)
Development consent is not required by this
clause if the consent authority is of the opinion that the proposed
development would not adversely affect the heritage significance of the
heritage item or heritage conservation area.
(3)
When determining a development application
required by this clause, the consent authority must take into consideration
the extent to which the carrying out of the proposed development would affect
the heritage significance of the heritage item or heritage conservation
area.
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).
(4)
The council may refuse to grant consent to a
development application required by this clause unless it has considered a
conservation plan so as to enable the consent authority to fully consider the
heritage significance of the item and the impact of the proposed development
on the significance of the item and its setting.
(5)
When considering applications for consent to the
erection of a building within a heritage conservation area, the consent
authority must make an assessment of:
(a)
the pitch and form of the roof, if any,
and
(b)
the style, size, proportion and position of the
openings for windows or doors, if any, and
(c)
whether the colour, texture, style, size and type
of finish of the materials to be used on the exterior of the building are
compatible with those of the materials used in existing buildings within the
heritage conservation area.
cl 26: Am 2008 (571),
Sch 3.113 [1].