New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 77

77 Conservation incentives

(1) Notwithstanding clause 32 (Land use matrix), the consent authority may as a heritage conservation incentive grant consent to the use for any purpose of a building that is a heritage item, or of the land on which any such item is erected, if--

(a) it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the Council, and

(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(e) the proposed use would not unreasonably affect the amenity of the surrounding area.

(2) The consent authority may consent to development that affects a building that is a heritage item, or land on which any such item is erected, even though it contravenes a development standard set by this plan relating to building height, site coverage or development density, where the consent authority is satisfied that--

(a) the retention of the heritage item depends on the contravention of the development standard, and

(b) the proposed contravention is in accordance with a conservation management plan which has been endorsed by the Council, and

(c) the proposed contravention would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(d) the proposed contravention of the development standard would not unreasonably affect the heritage significance of the heritage item or its setting, and

(e) the proposed contravention of the development standard would not unreasonably affect the amenity of the surrounding area.

(3) This clause does not allow consent to be granted for a subdivision.