New South Wales Consolidated Regulations

WALCHA LOCAL ENVIRONMENTAL PLAN 2000 - REG 31

31 Conservation incentives

(1) Nothing in this plan prevents consent from being granted to the use, for any purpose, of a building that is a heritage item or the land on which any such building is erected, if the consent authority is satisfied that:

(a) the use would have little or no adverse effect on the heritage significance of the building or the land on which the building is erected, and

(b) conservation of the building depends on the granting of consent as provided by this subclause.

(2) When considering a development application for consent to erect a building on land on which there is situated a building which is a heritage item, the consent authority 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 from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the consent authority is satisfied that the conservation of the item depends on making that exclusion.