New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 71

71 Determination of development applications for heritage

(1) When determining a development application required by clause 70 (Protection of heritage items and heritage conservation areas), the consent authority shall assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(2) An assessment carried out to comply with subclause (1) is to include (but is not limited to) an assessment of the following--

(a) the heritage significance of the item as part of the environmental heritage of the City of Blue Mountains,

(b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features,

(c) the measures proposed to conserve the heritage significance of the item and its setting,

(d) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development,

(e) the extent, if any, to which the carrying out of the proposed development would affect the form of an historic subdivision pattern,

(f) any submission received in relation to the proposed development in response to the notification or advertising of the application within the period set by the notice or advertisement.

(3) In relation to a heritage conservation area, an assessment carried out in accordance with subclause (1) is to include (but is not limited to) an assessment of the following--

(a) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance,

(b) the impact that the proposed development would have on the heritage significance of the heritage conservation area,

(c) the compatibility of the proposed development with any nearby original building and the character of the heritage conservation area, including consideration (where relevant) of--

(i) the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(ii) the pitch and form of the roof, and

(iii) the style, size, proportion and positions of the openings for windows or doors, and

(iv) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building,

(d) the measures proposed to conserve the significance of the heritage conservation area and its setting,

(e) whether any identified landscape or horticultural features would be affected by the proposed development,

(f) whether any archaeological site or potential archaeological site would be affected by the proposed development,

(g) the extent, if any, to which the carrying out of the development in accordance with the consent would affect an historic subdivision pattern,

(h) any submission received in relation to the proposed development in response to the notification or advertising of the application within the period set by the notice or advertisement.

(4) When determining whether or not to grant a development consent in accordance with subclause (1)--

(a) consent shall not be granted until the consent authority has considered a heritage impact statement which includes an assessment of the matters raised in subclause (2), in the case of proposed development that would affect a heritage item, and

(b) consent shall not be granted until the consent authority has considered a heritage impact statement which includes an assessment of the matters raised in subclause (3), in the case of proposed development that would affect a heritage conservation area, and

(c) where the consent authority requires that a conservation management plan should also be prepared in respect of a heritage item, the consent authority may refuse to grant consent unless a conservation management plan has been submitted and considered.

Note : The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact ).