New South Wales Consolidated Regulations

WEDDIN LOCAL ENVIRONMENTAL PLAN 2002 - REG 36

36 Protection of heritage items and relics

(1) The following development may be carried out only with development consent:

(a) demolishing, defacing, damaging or moving a heritage item, or

(b) altering a heritage item by making structural changes to its exterior, or

(c) altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(e) erecting a building on or subdividing, land on which a heritage item is located.

(2) Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item.

(3) Consent must not be granted to a development application required by subclause (1) unless the consent authority has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of the item and its setting.

Note: The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact ).