8Heritage items

8 Heritage items

8 Heritage items

(1) A person must not, in respect of a building, work, tree, relic or place that is a heritage item—

(a) demolish or alter the building or work,

(b) damage or move the relic,

(c) excavate for the purpose of exposing the relic,

(d) damage or despoil the place or tree,

(e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or

(f) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2) An applicant for consent required by this clause must lodge with the Council a statement which includes reference to the following matters—

(a) the significance of the item as a heritage item,

(b) the extent to which the proposal would affect the heritage significance of the item and its site,

(c) whether any stylistic, horticultural or archaeological features of the item or its site should be retained,

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public,

(e) whether the permanent conservation of the building or work is considered necessary,

(f) the probability of the building or work being incapable of reasonable or economic use.

(3) The Council must, in determining an application required by this clause, take into consideration the matters listed in subclause (2).

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 8: Am 2008 (571), Sch 3.140 [1].