New South Wales Consolidated Regulations

SNOWY RIVER LOCAL ENVIRONMENTAL PLAN 1997 - REG 64

64 Are there any conservation incentives?

(1) The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

(a) the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and

(b) the conservation of the building depends on the granting of the consent.

(2) When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the consent authority may, for the purpose of determining:

(a) the floor space ratio, and

(b) the number of parking spaces to be provided on the site,

exclude the floor space of the heritage building from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the building depends on it making the exclusion.

(3) Despite the standards for subdivision in Zones 1 (a) and 7, the consent authority may grant consent to a subdivision into two lots of the land on which a heritage item is located, if it is satisfied that:

(a) the subdivision will not adversely affect the heritage significance of that heritage item, and

(b) a heritage management conservation plan which is consistent with the NSW Heritage Manual (available from the office of the Council) has been prepared for the heritage item and considered by the consent authority, and

(c) the curtilage of the heritage item will be wholly contained within one lot, and

(d) any structures to be built on the other lot not containing the heritage item, and their proposed use, are unlikely to adversely affect the heritage significance of the heritage item.

(4) In rural areas, the Council may consent to the erection of a dwelling-house on the allotment created by the subdivision that does not contain the heritage item if:

(a) the allotment does not already contain a dwelling-house, and

(b) the allotment is not smaller than 10 hectares, and

(c) the Council has satisfied itself that the proposed structure will not adversely affect the heritage item, and the dwelling-house will be ancillary to the use or the proposed use of the land.