Part 4 Special requirements relating to the protection of heritage
29 How are terms defined with respect to heritage conservation?
In this clause:demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.
heritage conservation area means land shown by heavy black broken edging on the map and includes buildings, works, relics, trees and places situated on or within that land.
heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 2.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
relic means any deposit, object or material evidence (which may consist of human remains) relating to:
(a) the use or settlement of the area of Gunning, not being Aboriginal habitation, which is more than 50 years old, or(b) Aboriginal habitation of the area of Gunning either before or after its occupation by persons of European extraction.
30 What controls apply to the development of heritage items, heritage conservation areas and relics?
(1) The following development may be carried out only with development consent:(a) demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or(b) altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or(c) altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or(e) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.(2) Development consent is not required by this clause if the Council is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.(3) When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.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).
31 What restrictions apply to development near heritage items and heritage conservation areas?
The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item or heritage conservation area, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
32 Council must notify and advertise development applications relating to heritage items
(1) Sections 84, 85, 86, 87 (1) and 90 of the Act (which provide for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to a use of a building or land referred to in clause 34 which, but for that clause, would be prohibited by this plan) in the same way as those provisions apply to designated development.(2) Subclause (1) does not apply to the partial demolition of a heritage item, where in the Council’s opinion the development will be of a minor nature and will not adversely affect the heritage significance of the heritage item.
34 Are there conservation incentives for heritage items?
The Council may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:(a) the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and(b) the conservation of the building depends on the granting of the consent.