New South Wales Consolidated Regulations

HUNTER'S HILL LOCAL ENVIRONMENTAL PLAN NO 1 - REG 19

19 Items of the environmental heritage

(1) A person shall not, in respect of a building, work, relic, tree or place that is an item of the environmental heritage:

(a) demolish or alter the building or work,

(b) damage or move the relic,

(c) excavate for the purpose of exposing the relic,

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

(e) erect a building on or subdivide land on which the building, work or relic is situated or that comprises that place,

except with the consent of the council.

(2) The council shall not grant consent under the Act pursuant to subclause (1) in respect of an item of the environmental heritage, unless it has made an assessment of:

(a) the significance of the item as an item of the environmental heritage of the Municipality of Hunter’s Hill,

(b) the extent to which the carrying out of development in accordance with the consent would affect the heritage significance of the item and its site,

(c) whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting, should be retained, and

(d) the extent to which the carrying out of development in accordance with the consent would affect the form of an historic subdivision described in Schedule 6.

(3) The council shall not grant consent to an application to carry out development on land in the vicinity of an item of the environmental heritage unless it has made an assessment of the effect which the carrying out of that development will have on the heritage significance of the item and its setting.

(4) The council shall not grant consent under the Act pursuant to subclause (1) to the alteration of a building that is an item of the environmental heritage, unless it has made an assessment of:

(a) the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the appearance of the exterior of the building and of any other building in its vicinity,

(b) the style, size, proportion and position of openings for any windows and doors which will result from or be affected by, the carrying out of the development, and

(c) the pitch and form of the roof, if any.

(5) A person shall not, in respect of a contributory building listed in Schedule 7:

(a) demolish or alter the contributory building, or

(b) carry out any development on land on which any such contributory building is situated,

except with the consent of the council.

(6) The council shall not grant consent under the Act pursuant to subclause (5) in respect of a contributory building listed in Schedule 7, unless it has made an assessment of:

(a) the extent to which the original exterior features and form of the contributory building are intact,

(b) the extent to which the original exterior features and form of any adjoining contributory buildings listed in Schedule 7 are intact,

(c) the contribution of the contributory building (having regard to its position) to the character of the street,

(d) the contribution of the contributory building to the history of the area, and

(e) whether the contributory building constitutes a danger to users or occupiers, if any, of the contributory building.

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 ).