25Heritage conservation

25 Heritage conservation

25 Heritage conservation

25.1 A person shall not, without the consent of the Council, in respect of a building, work, relic, place or tree that is a heritage item—

(a) demolish or alter the building or work, or

(b) damage or move the relic, or excavate for the purpose of exposing or moving the relic, or

(c) damage or despoil the place or tree, or

(d) damage or remove any tree or horticultural features on the land on which the building, work, or relic is situated or on the land which comprises the place.

25.2 A person shall not, without the consent of the Council, in respect of a Heritage Conservation Area—

(a) demolish or alter a building or work within the area, or

(b) damage or move a relic, or excavate for the purpose of exposing or moving a relic, within the area, or

(c) damage or despoil a place, tree or other horticultural feature within the area.

25.3 The Council shall not grant consent to a development application in respect of—

(a) a heritage item, or

(b) development likely to affect a heritage item, or

(c) development in a Heritage Conservation Area,

unless it has assessed the effect that the development would have on 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).

25.4, 25.5 (Repealed)

25.6 The Council may grant consent to development, other than subdivision, 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 development for that purpose would otherwise be prohibited by this plan, if it is satisfied that—

(a) the proposed development would not adversely affect—