New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 30

30 Additional uses within heritage conservation areas

(1) This clause applies to all buildings and the allotments on which they are situated or any parts thereof located within a heritage conservation area, other than those situated within Zone No 3 (a), 3 (b), 3 (b1) or 3 (c):

(a) where the whole or part of the building has a history of a lawfully commenced non-residential use, whether or not that use was discontinued, abandoned or interrupted, and

(b) where the whole or part of the building was originally lawfully constructed with a non-residential design or was lawfully altered or adapted to a non-residential design.

(2) Notwithstanding clause 8, the Council may consent to the use of a building or part thereof, referred to in subclause (1), for the purpose of commercial premises (not being a brothel), community facilities, artisans’ studios, educational establishments, public buildings and shops.

(3) In addition to the use of a building or part thereof, the Council may also consent to the use of the allotment on which the building is situated for any purpose specified in subclause (2).

(4) The Council may grant a consent pursuant to this clause that will result in:

(a) an increase in the gross floor area of a building referred to in subclause (1), and

(b) the use of that increased area for a purpose specified in subclause (2),

or, where part of a building is used for a purpose specified in subclause (2), that will result in an increase in the use of the gross floor area of such a building for the purpose specified.

(5) The Council must not grant consent as referred to in subclause (2) or (4) unless it is satisfied that carrying out development in accordance with the consent will not adversely affect the heritage significance of the building, its site, or the heritage conservation area and will not detrimentally affect the enjoyment by an occupier of any lands adjoining or adjacent to, or in the neighbourhood of, the lands upon which such development is proposed.

(6) The Council must not grant consent as referred to in subclause (2) or (4) unless it is satisfied that the external architecture of the building or part thereof:

(a) is compatible with the external architecture of other buildings in the vicinity, or

(b) is, by virtue of the proposal, to be made compatible with the external architecture of other buildings in the vicinity, or

(c) has architectural or historic value of its own which will be conserved.