New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 31

31 Items of the environmental heritage: conservation

(1) A person shall not, in respect of a building, work, relic or place that is an item of the environmental heritage:

(a) demolish or renovate the building or work,

(b) damage or despoil the relic or place, or any part of the relic or place,

(c) excavate any land for the purpose of exposing or removing the relic, or

(d) carry out any development upon the land on which the building, work or relic is situated or upon the land which comprises that place,

except with the consent of the council.

(2) The council shall not grant consent pursuant to subclause (1) in respect of an item of the environmental heritage unless it has made an assessment of:

(a) the significance of the item as an item of the environmental heritage of the City of Wollongong,

(b) the extent to which the carrying out of development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item or its site,

(c) whether any stylistic or horticultural features of the item or its site should be retained, and

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public.

(3) The council shall not grant consent pursuant to subclause (1) in relation to the renovation of a building that is an item of the environmental heritage, unless it has made an assessment of:

(a) the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the appearance of the exterior of the building and of any other building in its vicinity,

(b) the style, size, proportion and position of openings for any windows and doors which will result from, or be affected by, the carrying out of the development, and

(c) the pitch and form of the roof, if any.