16General provisions for the development of land

16 General provisions for the development of land

16 General provisions for the development of land

Heritage items

(1) Consent is required for all development on the site of a heritage item.

(2) Consent must not be granted for any development in respect of a heritage item unless the consent authority has assessed a statement that—

(a) describes the significance of the heritage item as part of the environmental heritage of Leichhardt, and

(b) addresses the extent of the impact of the development on the conservation and heritage significance of the item in terms of—

(i) its fabric,

(ii) the age of the building or structure,

(iii) any stylistic or horticultural features of its setting,

(iv) any potential for archaeology,

(v) any historic subdivision pattern in the vicinity, and

(c) sets out any steps to be taken to mitigate any adverse impact of the proposed development on the environmental heritage of Leichhardt.

(3) Unless the consent authority has considered a conservation management plan, it must not grant consent for development on land which is—

(a) the site of a heritage item identified in Schedule 2 as having State significance,

(b) the site of a heritage item that pre-dates 1840, or

(c) a place identified in Schedule 2 as having archaeological significance.

Items listed on the State Heritage Register for the time being are taken to have State significance for the purposes of the Plan, whether or not that listing is recorded in Schedule 2.

(4) Consent must not be granted for development on land which comprises an archaeological site or is a potential archaeological site unless the consent authority is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(5) Consent must not be granted for development on land which comprises an Aboriginal site or that the Council considers is a potential Aboriginal site, unless the consent authority—