New South Wales Consolidated Regulations

BAULKHAM HILLS LOCAL ENVIRONMENTAL PLAN 2005 - REG 39

39 Development in vicinity of a heritage item or heritage conservation area

(1) Before granting consent to development in the vicinity of a heritage item or a heritage conservation area, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item or the heritage conservation area.

(2) This clause extends to development:

(a) that may have an impact on the setting of a heritage item or heritage conservation area, for example, by affecting a significant view to or from the item or conservation area, or by overshadowing, or

(b) that may undermine or otherwise cause physical damage to a heritage item or heritage conservation area, or

(c) that will otherwise have any adverse impact on the heritage significance of a heritage item or heritage conservation area.

(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item or heritage conservation area.

(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item or heritage conservation area.