New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2001 - REG 49

49 Conservation areas

(1) Conservation area objectives The specific objectives of the conservation area controls are to:

(a) conserve the character of the neighbourhood and heritage significance of the conservation area, as a whole or any part of the conservation area, and

(b) ensure that demolition within conservation areas does not result in incremental loss of heritage significance, and

(c) prevent the demolition of contributory items, and

(d) provide specific criteria to be considered when determining a development application in respect of a building, work, or place in a conservation area, and

(e) ensure that neutral items are retained, and

(f) encourage the removal of uncharacteristic elements from conservation areas and their replacement with buildings or works that reinforce the character of the neighbourhood and heritage significance of the conservation area, and

(g) discourage development that is similar to uncharacteristic elements.

(2) Assessment of proposed development: conservation areas When determining whether or not to grant consent to a development application in respect of a building, work or place within a conservation area, the consent authority must consider:

(a) whether the proposed development will adversely affect the character and heritage significance of the conservation area, as a whole, and the part of the conservation area in the immediate vicinity of the proposed development, and

(b) whether the proposed development will reduce the uncharacteristic elements present in the conservation area, and

(c) without limiting the generality of paragraph (a) or (b), whether:

(i) the height, number of storeys, bulk and scale of the building, and

(ii) the pitch, form and detail of the roof of the building, or

(iii) the style, size, proportion and position of openings for windows or doors of the building, and

(iv) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building, and

(v) the setbacks of the building, and

(vi) the design of the landscaped area of the development site, and

(vii) the pattern of any subdivision included in the proposed development,

are similar to those of contributory items within the conservation area, as a whole and in the immediate vicinity of the proposed development.

(4) Required documentation: conservation areas Before determining whether or not to grant consent to a development application in respect of a heritage item, the consent authority may require the submission of:

(a) a statement of heritage impact or a conservation management plan, and

(b) a structural engineer’s report.

(5) Consideration of complete demolition: conservation areas Consent must not be granted to development involving the complete demolition of a building, work or place within a conservation area, until the consent authority has considered:

(a) whether the proposed development will adversely affect the character of the neighbourhood and heritage significance of the conservation area, as a whole and in the immediate vicinity of the proposed development, and

(b) whether the building, work or place is structurally sound and reasonably capable of conservation, and

(c) whether the proposed building or work intended to replace that being demolished will contribute to the character of the neighbourhood and heritage significance of the conservation area, in particular in terms of subclause (2) (c).

(6) Required documentation: complete demolition in a conservation area Consent must not be granted to the complete demolition of a building, work or place within a conservation area until the consent authority has considered:

(a) a statement of heritage impact, and

(b) a structural engineer’s report, except where the building or work to be demolished is an uncharacteristic element.

(7) Site redevelopment Despite any other provision of this plan, the consent authority must not grant consent to an application for the complete demolition of a building, work or place within a conservation area unless the consent authority, at the same time, grants consent to a replacement building or work on the site.