New South Wales Consolidated Regulations

LEETON LOCAL ENVIRONMENTAL PLAN NO 35 - REG 19

19 Protection of heritage items and relics

(1) Despite any other provision of this Plan, the following development may be carried out only with development consent:

(a) demolishing or moving a heritage item, or

(b) altering a heritage item except where that alteration results from any maintenance necessary for the ongoing protective care of the item which does not adversely affect its heritage significance, or

(c) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(d) erecting a building on, or subdividing, land on which a heritage item is located.

(2) Development consent is not required by this clause if, in the opinion of the Council, the proposed development would not adversely affect the heritage significance of the heritage item.

(3) When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or relic concerned.

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 ).