New South Wales Repealed Regulations

This legislation has been repealed.

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 5--(CHATSWOOD TOWN CENTRE) - REG 26

26 Items of environmental heritage

(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 that building, work, relic or place,

(b) damage or despoil that building, work, relic or place or any part of that building, work, relic or place,

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

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

except with the consent of the council.

(2) The council shall not grant a consent referred to in 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,

(b) the effect that development in accordance with the consent would have upon the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site,

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

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

(e) the pitch and form of the roof,

(f) the style, size, proportion and position of the openings for windows and doors,

(g) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are similar to the material used in the existing buildings and other buildings in its vicinity,

(h) whether financial hardship to any person having a financial interest in the item would be caused by a refusal of consent, and

(i) whether an item would be rendered incapable of reasonable or economic use by a refusal of consent.