New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 26

26 Heritage items

(1) A person shall not, in respect of a building, work, relic, place or tree that is a heritage item or that is an item that is part of a heritage item group:

(a) demolish or alter the building or work, or

(b) damage or move the relic, or excavate for the purpose of exposing the relic, or

(c) damage or despoil the place, or

(d) damage or move the tree, or

(e) erect a building on the land that comprises the place, or

(f) subdivide the land on which the building, work, relic or tree is situated or that comprises the place, or

(g) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2) The Council shall not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and of any heritage item group of which the item is part and any stylistic or horticultural features of its setting.

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 ).

(3) The Council shall not grant a consent required by subclause (1) unless it has considered a statement of heritage impact or a conservation plan or both as may be required by the Council.

(4) Notwithstanding subclause (1), a tree that is a heritage item may be removed in part or in whole, without development consent, in circumstances where the tree has been damaged by natural events and causes such as storms, pests and pathogens and, as a result, the tree poses an immediate threat to the safety of people or property.