New South Wales Consolidated Regulations

WOLLONDILLY LOCAL ENVIRONMENTAL PLAN 1991 - REG 33

33 Heritage advertisements and notifications

(1) Except as provided by this clause, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a) the demolition of a heritage item, and

(b) the demolition of a building work, relic or place within a heritage conservation area, and

(c) the use of a building or land for a purpose which, but for clause 35, would be prohibited under this plan,

in the same way as those provisions apply to and in respect of designated development.

(2) The council must not grant consent to an application to demolish a heritage item unless:

(a) the council has notified the Heritage Council of its intention to grant consent, and

(b) the Heritage Council has no objection to the granting of consent.

(3) The Heritage Council is to be taken as having no objection unless it notifies the council of its objection not later than 28 days after receiving notice of the council’s resolution to grant consent.

(4) This clause does not apply to the partial demolition of a heritage item or of a building or work within a heritage conservation area if, in the opinion of the council of the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the land to which this plan applies.