New South Wales Consolidated Regulations

INVERELL LOCAL ENVIRONMENTAL PLAN 1988 - REG 28

28 Conservation area

(1) A person may, in respect of a conservation area:

(a) demolish, extend or alter the external structure of a building or work within that area,

(b) damage or despoil a relic or part of a relic within that area,

(c) excavate any land for the purpose of exposing or removing a relic within that area,

(d) erect a building within that area, or

(e) subdivide land within that area,

only with the consent of the Council.

(2) The Council may only grant consent to a development application made for the purposes of subclause (1) if it has made an assessment of:

(a) the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the conservation area, and

(b) whether a refusal to grant consent would constitute a danger to the users or occupiers of land within the conservation area or the public.

(3) The Council may only grant consent to an application made for the purposes of subclause (1), being an application to erect a new building or to alter the exterior of an existing building, if the Council has made an assessment of:

(a) the pitch and form of the roof,

(b) the style, size, proportion and position of the openings for windows and doors, and

(c) whether the style, size and type of materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the conservation area.