New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 36

36 Conservation incentives

(1) The Council may grant consent to the use, for any purpose, of a building that is a heritage item 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 and would have little or no adverse effect on the amenity of the 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 that is a building is located, the Council 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 item from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied that the conservation of the heritage item depends on it making the exclusion.