40Assessment

40 Assessment

40 Assessment

(1) In deciding whether to grant development consent required by clause 39, the consent authority must consider—

(a) the extent to which carrying out the development may adversely affect the heritage significance of the heritage item or, for development referred to in clause 39(1)(f), the relic, and

(b) the impact the development may have on other heritage items near the proposed development.

(2) For the purposes of subclause (1)(a), the consent authority must consider a statement that addresses the following issues—

(a) the heritage significance of the item or relic as part of the environmental heritage of the Island,

(b) any impact that the proposed development may have on the heritage significance of the heritage item and its setting (including any landscape or horticultural features) or the relic,

(c) any measures proposed to conserve the heritage significance of the item and its setting or the relic,

(d) whether any site known to contain relics (or any other site that, in the opinion of the consent authority, potentially contains relics) may be adversely affected by the proposed development,

(e) the extent to which the carrying out of the proposed development may affect any historically significant allotment boundaries, including historically significant curtilages and roads.

(3) The statement is to address other issues relating to the heritage significance of the item or relic concerned if the consent authority or proponent is aware of such issues.

(4) The consent authority may also determine that it is necessary for a conservation management plan to be prepared in relation to the heritage item or relic concerned.

(5) In this clause—

conservation management plan means a document, prepared in accordance with the requirements of the Department of Planning in relation to such plans, that identifies conservation policies and management mechanisms that are appropriate to enable the heritage significance of a heritage item or relic to be retained.

cl 40: Am 2015 No 58, Sch 2.18; 2022 (29), Sch 1[7] [8].