New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN NO 4 - REG 58

58 Heritage conservation

(1) The aims and objectives of this clause are to identify and protect the Blue Mountains’ natural and cultural heritage.

(2) In this clause:
"alter", in relation to a heritage item or to a building or work within a Heritage Conservation Area, means change the inside or outside of the heritage item, building or work, but does not include changes that maintain the existing detail, fabric, finish or appearance outside of the heritage item, building or work.
"conservation plan" means a document establishing the heritage significance of a heritage item or of a building within a Heritage Conservation Area and identifying all the steps needed to be taken to retain that significance in its future use and development. In preparing the conservation plan, regard is to be had to the publications “ The Conservation Plan ” by James Semple Kerr, The National Trust of Australia (NSW), 3rd ed 1990 and “ The Illustrated Burra Charter ” by P Marquis-Kyle and M Walker; Australia ICOMOS Inc., 1992, copies of which are deposited in the offices of the council.
"demolition" means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.
"Heritage Conservation Area" means land to which this plan applies that consists of, or is included in, an area identified as such on the Map and in Schedule 2 to Blue Mountains Local Environmental Plan 1991 .
"heritage item" means a building, work, relic, tree or place of heritage significance situated on land to which this plan applies and identified in Schedule 2 to Blue Mountains Local Environmental Plan 1991 .
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"Map" has the same meaning as in Blue Mountains Local Environmental Plan 1991 .
"relic" means any deposit, object or material evidence which is over 50 years old relating to settlement.

(3) A person shall not, without the consent of the Council, in respect of a building, work, relic, place or tree that is a heritage item:

(a) demolish or alter the building or work, or

(b) damage or move the relic, or excavate for the purpose of exposing or moving the relic, or

(c) damage or despoil the place or tree, or

(d) damage or remove any tree or horticultural feature on the land on which the building, work or relic is situated or on the land which comprises the place.

(4) A person shall not, without the consent of the Council, in respect of a Heritage Conservation Area:

(a) demolish or alter a building or work within the area, or

(b) damage or move a relic, or excavate for the purpose of exposing or moving a relic, within the area, or

(c) damage or despoil a place, tree or other horticultural feature within the area.

(5) The Council shall not grant consent to a development application in respect of:

(a) a heritage item, or

(b) development likely to affect a heritage item, or

(c) development in a Heritage Conservation Area,

unless it has assessed the effect that the development would have on 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 ).

(8) The council may grant consent to development, other than subdivision, for any purpose, of a building that is a heritage item or is within a Heritage Conservation Area, or of the land on which the building is erected, even though development for that purpose would otherwise be prohibited by this plan, if it is satisfied that:

(a) the proposed development would not adversely affect:

• the heritage significance of the building or Heritage Conservation Area,

• the amenity of any Heritage Conservation Area within which the building is situated, or

• the heritage significance and amenity of the surrounding neighbourhood, and

(b) where the building is a heritage item:

• the heritage item will be most appropriately conserved if used for the proposed development, and

• a conservation plan, prepared for the heritage item, supports the proposed development.