New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 - REG 36

36 Development at No 103 Darling Point Road, Darling Point

(1) This clause applies to Lots B, C and E, DP 30568, being the land known as No 103 Darling Point Road, Darling Point.

(2) The Council must not grant consent to a development application (other than a comprehensive development application) relating to land to which this clause applies unless there is in force a development consent for a comprehensive development application and the Council has taken that development consent into consideration.

(3) A comprehensive development application required by this clause is a development application that makes development proposals relating to the whole of the land to which this clause applies.

(4) The Council must not grant consent to a comprehensive development application required by this clause unless the Council is satisfied that adequate arrangements are in place for:

(i) the funding and implementation of conservation works, and

(ii) provisions for ongoing maintenance,

to ensure the ongoing conservation of Babworth House and its State Heritage Register curtilage which includes the garden.

(5) If the Council gives notice of a development application relating to land which this clause applies to a panel of expert independent professionals selected by the Council for the purpose of obtaining advice on heritage conservation, building design or other matters that the Council considers appropriate, the Council must not grant consent to the development application unless it has taken into consideration any comments received, within 28 days after the giving of the notice, from members of the panel.

(6) In any case, the Council must not grant consent to a development application relating to land to which this clause applies unless, in considering the application, the Council has taken into account the recommendations of any conservation plan for the land to which this clause applies that has been approved by the Council.

(7) However, the Council is not obliged to comply with subclauses (2) and (6) if it is satisfied that the proposed development is of a minor nature and will not adversely affect the heritage significance of the land to which this clause applies.

(8) A building is not to be erected on the land to which this clause applies to a height greater than 9.5 metres.

(9) Not more than 10 dwellings are to be erected on the land to which this clause applies (exclusive of any dwellings that may be provided within the building known as Babworth House).

(10) In particular, the Council must not grant consent to the subdivision of the building known as Babworth House unless it has taken into consideration:

(a) a conservation plan for that building that includes a detailed record of its fabric and internal spaces and the significance of that fabric and those spaces, and

(b) a statement of the heritage impact of the works associated within the proposed subdivision,

and the Council is satisfied that the works associated with the proposed subdivision will not have a detrimental impact on the heritage significance of the building.

(11) The Council must not grant consent to a development application relating to land to which this clause applies unless it has taken into consideration the Babworth House Development Control Plan approved by the Council on 15 June 1999.