New South Wales Consolidated Regulations

EUROBODALLA URBAN LOCAL ENVIRONMENTAL PLAN 1999 - REG 74

74 What conservation incentives relate to heritage items?

(1) Regardless of the other provisions of this plan, the Council may grant consent to the use of a building that is a heritage item, the use of a building in a heritage conservation area or the use of the land on which any such building is sited, for any purpose, if the Council is satisfied that:

(a) the use would have little or no adverse effect on the amenity of the area, and

(b) conservation of the building depends on the Council granting consent to the proposed use.

(2) The Council, when considering an application to erect a building on land on which there is a building which is a heritage item, may exclude the item from its calculations for the purposes of:

(a) determining floor space ratio, and

(b) determining the number of parking spaces to be provided on site, and

(c) calculating contributions under section 94 of the Environmental Planning and Assessment Act 1979 , if the relevant contributions plan adopted by the Council so provides,

but only if the Council is satisfied that the conservation of the building depends on the Council’s making the exclusion.