Blue Mountains Local Environmental Plan 2005
71Determination of development applications for heritage
Start here
Get a plain-English read of 71
Turn the raw legal text into a practical explanation grounded in Blue Mountains Local Environmental Plan 2005.
71 Determination of development applications for heritage
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