New South Wales Repealed Regulations

This legislation has been repealed.

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2000 - REG 14

14 How are heritage items and relics protected?

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

(a) demolishing or damaging a heritage item,

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

(c) altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior,

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

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

(f) development, other than exempt development, on land abutting land that is listed as, or contains an item listed as, a heritage item in Schedule 2 that is not:

(i) an item of landscape significance (being an item listed in Schedule 2 with an identifier containing the letter "L" corresponding to the item), or

(ii) an item of archaeological significance (being an item listed in Schedule 2 with an identifier containing the letter "A" corresponding to the item).

(2) When determining a development application required by this clause, the consent authority:

(a) must consider the effect of the development on the heritage significance of the heritage item and its setting, and

(b) is to consider any conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting.

(3) The consent authority must notify the Heritage Council if it intends to consent to the demolition of a heritage item that is of State significance (as indicated in Schedule 1 or 2) and consider any comments received from the Heritage Council within 28 days after the notice is sent.

(4) This clause does not require consent for:

(a) maintenance necessary for ongoing protective care, including bushfire hazard reduction,

(b) internal alterations to residential buildings,

(c) installation of skylights which would not be visible from the street or other public places,

(d) demolition and erection of rear or side fences,

(e) lopping or removal of any structures or trees for safety reasons,

(f) removal of dead or dying trees, or

(g) any other development if the Council considers the proposed development would not adversely affect the heritage significance of the heritage item concerned.