New South Wales Consolidated Regulations

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BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 37

Conservation incentives

37 Conservation incentives

The Council may grant consent to the use for any purpose of a building that is a heritage item or that is within a heritage conservation area, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:

(a) it is satisfied that the retention of the building depends on the granting of consent, and
(b) the proposed use is in accordance with a conservation management plan that has been endorsed by the Council, and
(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, or the heritage conservation area or the amenity of the heritage conservation area, and
(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.



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