New South Wales Consolidated Regulations

PARRAMATTA LOCAL ENVIRONMENTAL PLAN 1996 (HERITAGE AND CONSERVATION) - REG 11

11 Protection of heritage items, heritage conservation areas and relics

When is consent required?

(1) The following development may be carried out only with development consent:

(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b) altering a heritage item or a building, work, relic or place within a heritage conservation area by making structural or non-structural changes to its exterior, including changes to its external detail, fabric, finish or appearance,

(c) altering a heritage item by making structural changes to its interior,

(d) moving a relic, or excavating land and discovering, exposing or moving a relic,

(e) demolishing, dismantling, moving or altering a heritage item,

(f) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

What exceptions are there?

(2) Development consent is not required if:

(a) the consent authority is of the opinion that the proposed development is of a minor nature or consists of maintenance of a heritage item or a building, work, relic, tree or place within a heritage conservation area, and

(b) the consent authority is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area concerned, and

(c) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the proponent in writing before the development is carried out that it is satisfied that development consent is not required because of the exception allowed by this provision.

(3) Development consent is not required by this clause for the creation of a new grave or monument in a graveyard that is a heritage item if the development does not involve demolishing, excavating, defacing or damaging an existing grave, monument or Aboriginal place.

What must be included in assessing a development application?

(4) When determining a development application required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(5) The assessment is to include (but is not limited to) consideration of:

(a) for development that would affect a heritage item:

(i) the heritage significance of the item as part of the environmental heritage of the City of Parramatta, and

(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii) the measures proposed to conserve the heritage significance of the item and its setting, and

(iv) whether any archaeological site or potential archaeological site would be adversely affected, and

(v) the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision, and

(vi) any submission received in relation to the proposed development in response to the notification or advertising of the application, and

(b) for development that would be carried out in a heritage conservation area:

(i) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii) the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii) the compatibility of any proposed building or work with nearby original buildings and the character of the heritage conservation area, including compatibility with the existing size, form, scale, orientation, setbacks, materials and detailing, and

(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v) whether any landscape or horticultural features of heritage significance would be affected, and

(vi) whether any archaeological site or potential archaeological site would be affected, and

(vii) the extent, if any, to which the carrying out of the proposed development would affect an historic subdivision pattern, and

(viii) any submission received in relation to the proposed development in response to the notification or advertising of the application.

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 ).

What extra documentation is needed?

(6) When determining whether or not to grant a development consent required by this clause, the consent authority:

(a) must not grant such a consent until it has considered a heritage impact statement which includes an assessment of the matters raised in subclause 5 (a) (i)-(v) or 5 (b) (i)-(vii), as the case may require, and

(b) where it requires that a conservation management plan should also be considered, may refuse to grant the consent unless a conservation management plan has been considered.