New South Wales Repealed Regulations

This legislation has been repealed.

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 23--SYDNEY AND MIDDLE HARBOURS - REG 27

27 Conservation incentives

(1) Nothing in this plan or in any other environmental planning instrument prevents the consent authority from granting consent to the use, for any purpose, of a building, work or structure that is a heritage item or the land on which the building, work or structure is erected if it is satisfied that:

(a) the proposed use would have little or no adverse effect on the amenity of land in the vicinity of the item, and

(b) the conservation of the building, work or structure would be assisted by the consent authority's granting consent.

(2) When considering an application for consent to erect a building on land on which a building, work or structure which is a heritage item is situated, the consent authority may:

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

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

exclude from its calculation of the gross floor area of the buildings erected on the land the floor area of the heritage item, but only if the consent authority is satisfied that the conservation of the building, work or structure depends upon the consent authority's making that exclusion.