New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 14

14 How will the use of land be controlled?

(1) For the purposes of clause 12, development of land within a locality is classified by the relevant Locality Statement as being within one of three following categories:

(a) Category One,

(b) Category Two,

(c) Category Three.

(2) Notwithstanding subclause (1), subdivision, other than when exempt development, is Category Two development.

(3) Development of Category Three proposed on the site of a heritage item is taken to be development of Category Two if the consent authority is satisfied that:

(a) the retention of the item depends on the granting of consent to the proposed development, and

(b) the proposed development is in accordance with a conservation plan approved by the consent authority, and

(c) the granting of consent to the proposed development would ensure that all necessary work identified in the conservation plan is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the heritage item or its setting, and

(e) the proposed development would not adversely affect the amenity of surrounding land.