Kiama Local Environmental Plan 1996
43Conservation incentives
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43 Conservation incentives
43 Conservation incentives
(1) Nothing in this plan prevents the Council from granting consent to—
(a) the use, for any purpose, of a building that is a heritage item or the land on which the building is erected, or
(b) the use, for any purpose, of a building within a heritage conservation area or of the land on which the building is erected,
if it is satisfied that—
(c) the proposed use would have little or no adverse effect on the amenity of the area, or
(d) the conservation of the building depends on the Council granting consent.
(2) When considering an application for consent to erect a building on land on which there is situated a building which is a heritage item, the Council may—
(a) for the purpose of determining the floor space ratio, and
(b) for the purpose of determining the number of parking spaces to be provided on the site,
exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the Council is satisfied that the conservation of the building depends upon the Council granting consent.