39Development affecting heritage items

39 Development affecting heritage items

39 Development affecting heritage items

(1) Despite anything to the contrary in Part 2, the following development may be carried out only with the consent of the consent authority—

(a) wholly or partially destroying, dismantling or defacing a heritage item,

(b) altering a heritage item by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c) altering a heritage item by making structural changes to its interior,

(d) moving the whole or any part of a heritage item,

(e) erecting a building on, or subdividing, land on which a heritage item is located,

(f) disturbing or excavating any land, while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed.

(2) Development consent is not required by this clause if—

(a) in the consent authority’s opinion—

(i) the proposed development is of a minor nature or consists of maintenance of the heritage item, and

(ii) the proposed development would not adversely affect the heritage significance of the heritage item, and

(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the proponent in writing before any work is carried out that—

(i) the consent authority is satisfied that, in its opinion, the proposed development meets the criteria set out in paragraph (a) (i) and (ii), and

(ii) development consent is not otherwise required by this Plan.

(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains or to relics in the form of grave goods—

(a) the creation of a new grave or monument,

(b) the excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.