New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 1990 - REG 29D

29D Conservation incentives

(1) The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:

(a) it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b) the proposed use is in accordance with a conservation management plan that has been endorsed by the consent authority, and

(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

(2) Nothing in this plan prevents the carrying out of development for the purposes of repair or maintenance for continued use of a functioning industrial heritage item.