Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)
12Conservation incentives relating to heritage items
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12 Conservation incentives relating to heritage items
12 Conservation incentives relating to heritage items
(1) Nothing in this plan prevents the Council from granting consent to an application—
(a) to use, for any purpose, a building that is a heritage item or the land on which the building is erected, or
(b) to use, for any purpose, a building within a heritage conservation area or the land on which that 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, and
(d) the conservation of the building is unlikely unless the Council grants consent as referred to in this clause.
(2) When considering an application to carry out development on land upon which there is situated a heritage item, the Council may vary the provisions of any applicable codes, policies and development control plans of the Council if the Council is satisfied that the conservation of the heritage item depends upon the Council granting consent to the application.