New South Wales Consolidated Regulations

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

19D Conservation incentives relating to items of the environmental heritage

(1) Nothing in this plan prevents the council from granting consent to:

(a) the use for any purpose of a building that is an item of the environmental heritage or the land on which the item is erected, or

(b) the use for any purpose of a building within a conservation area or of the land on which the building is erected,

where the council is satisfied that:

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

(d) conservation of the building depends on the council granting consent in pursuance of this clause.

(2) When considering an application to erect a building on land on which there is situated a building which is an item of the environmental heritage, the council may:

(a) for the purposes of determining the floor space ratio and the garden area of the land, and

(b) for the purposes of determining the number of parking spaces to be provided on the land,

exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the council is satisfied that the conservation of the building depends upon the council granting that exclusion.