Shellharbour Rural Local Environmental Plan 2004
44Heritage conservation incentives
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44 Heritage conservation incentives
44 Heritage conservation incentives
(1) Consent may be granted to the use, for any purpose, of a building that is a heritage item or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if—
(a) the consent authority is satisfied that the retention of the heritage item depends on the granting of consent, and
(b) the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and
(c) the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed use would not adversely affect the heritage significance of the item or its setting, and
(e) the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
(2) When considering an application for consent to erect a building on land on which a building that is a heritage item is located, the consent authority may, for the purpose of determining—
(a) the floor space ratio, and
(b) the number of parking spaces to be provided on the site,
exclude the floor space of the heritage item from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the heritage item depends on it making the exclusion.