New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 33

33 Development incentives relating to items of the environmental heritage

(1) The council may, when considering an application to erect a building on an allotment of land on which is situated a building which is an item of the environmental heritage, exclude from its calculations of the gross floor area of the buildings erected and to be erected on the allotment the gross floor area of the building which is an item of the environmental heritage:

(a) for the purpose of determining the floor space ratio in respect of the allotment, and

(b) for the purpose of determining the number of parking spaces to be provided on the site,

but only if, in the opinion of the council, that action will achieve the conservation and enhancement of the item.

(2) Nothing in this plan prevents the council from granting consent to the use for any purpose of a building which is an item of the environmental heritage or of the land on which that building is situated where the council is satisfied that:

(a) the use would have little or no adverse effect on the amenity of the area, and

(b) conservation of the item depends on the council granting consent in pursuance of this clause.