New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 76

76 Development in the curtilage of a heritage item or in a heritage conservation area

(1) Before granting consent to development in the curtilage of a heritage item or in a heritage conservation area that includes a heritage item, including a work which--

(a) may affect the setting of the heritage item, including by obscuring a significant view to or from the item or by overshadowing, or

(b) may undermine or otherwise cause physical damage to the heritage item, or

(c) will otherwise have an adverse impact on the heritage significance of the heritage item,

the consent authority shall assess the impact of the proposed development on the heritage significance of the heritage item and on the heritage conservation area, if it is within such an area.

(2) Consent shall not be granted to development in the curtilage of a heritage item or in the vicinity of a heritage conservation area unless the consent authority has considered a heritage impact statement, where, in the opinion of the consent authority, that development could adversely impact on the heritage significance or visual setting of that item or area.

(3) The heritage impact statement, where required, shall include details of the size, shape and scale of, the setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the significance of the heritage item.