Section 58 - Blue Mountains Local Environmental Plan No 4 - Heritage conservation

58Heritage conservation

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58 Heritage conservation

(1) The aims and objectives of this clause are to identify and protect the Blue Mountains’ natural and cultural heritage.

(2) In this clause—

alter, in relation to a heritage item or to a building or work within a Heritage Conservation Area, means change the inside or outside of the heritage item, building or work, but does not include changes that maintain the existing detail, fabric, finish or appearance outside of the heritage item, building or work.

conservation plan means a document establishing the heritage significance of a heritage item or of a building within a Heritage Conservation Area and identifying all the steps needed to be taken to retain that significance in its future use and development. In preparing the conservation plan, regard is to be had to the publications “The Conservation Plan” by James Semple Kerr, The National Trust of Australia (NSW), 3rd ed 1990 and “The Illustrated Burra Charter” by P Marquis-Kyle and M Walker; Australia ICOMOS Inc., 1992, copies of which are deposited in the offices of the council.

demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.

Heritage Conservation Area means land to which this plan applies that consists of, or is included in, an area identified as such on the Map and in Schedule 2 to Blue Mountains Local Environmental Plan 1991.

heritage item means a building, work, relic, tree or place of heritage significance situated on land to which this plan applies and identified in Schedule 2 to Blue Mountains Local Environmental Plan 1991.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

Map has the same meaning as in Blue Mountains Local Environmental Plan 1991.

relic means any deposit, object or material evidence which is over 50 years old relating to settlement.

(3) 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