New South Wales Consolidated Regulations

HOLROYD LOCAL ENVIRONMENTAL PLAN 1991 - REG 50

50 Conservation incentives

(1) The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or the land on which a heritage item is erected, even though the use would otherwise not be allowed by this plan, if:

(a) it is satisfied that the retention of the heritage item 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 consent authority, 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, and

(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

(2) When considering an application for consent to erect a building on land on which there is situated a heritage item, the consent authority may:

(a) for the purpose of determining the floor space ratio, and

(b) for the purpose of determining the number of car parking spaces to be provided on the site,

exclude from its calculation of the gross floor area of the buildings erected on the land part or all of the gross floor area of the heritage item, but only if the consent authority is satisfied that this will facilitate the conservation of the heritage item.