New South Wales Consolidated Regulations

WAVERLEY LOCAL ENVIRONMENTAL PLAN 1996 - REG 50

50 Conservation incentives

(1) The Council may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, 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 or heritage conservation area, and

(b) the conservation of the building depends on the granting of consent.

(2) When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, 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 building 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 building depends on it making the exclusion.