New South Wales Consolidated Regulations

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 - REG 34

34 Conservation incentives

(1) The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building 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 the consent, and

(b) the proposed use is in accordance with a conservation management plan which 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 building which is 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 parking spaces to be provided on the site,

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 consent authority is satisfied that the retention of the building depends on the consent authority’s granting the exclusion.