New South Wales Consolidated Regulations

ARMIDALE DUMARESQ LOCAL ENVIRONMENTAL PLAN 2008 - REG 67

67 Heritage conservation

(1) Objectives The objectives of this clause are:

(a) to conserve the environmental heritage of Armidale Dumaresq, and

(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c) to conserve archaeological sites.

(2) Requirement for consent Development consent is required for any of the following:

(a) demolishing or moving a heritage item or a building, work, relic or tree in a heritage conservation area,

(b) altering a heritage item or a building, work, relic, tree or place in a heritage conservation area 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 an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e) erecting a building on land on which a heritage item is located or that is in a heritage conservation area,

(f) subdividing land on which a heritage item is located or that is in a heritage conservation area.

(3) When consent is 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, archaeological site or a building, work, relic, tree or place in a heritage conservation area, and

(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b) the development is in a cemetery or burial ground and the proposed development:

(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or

(c) the development is limited to the removal of a tree or other vegetation if a matter listed in clause 58 (2) (a)-(k) of this Plan applies, or

(d) the development is exempt development.

(4) 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) in a heritage conservation area, 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 or heritage conservation area concerned.

(5) Heritage conservation management plan 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.

(6) Archaeological sites The consent authority must, before granting consent to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order applies):

(a) notify the Heritage Council of its intention to grant consent, and

(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(7) Demolition of item of State significance The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 2 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a) notify the Heritage Council about the application, and

(b) take into consideration any response received within 28 days after the notice is sent.

(8) 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 Plan, 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 affect on the amenity of the surrounding area.