(1) Objectives The objectives of this clause are as follows—
(a) to conserve the environmental heritage of Sutherland Shire,
(b) to conserve the heritage significance of heritage items, including associated fabric, settings and views,
(c) to conserve archaeological sites,
(d) to conserve places of Aboriginal heritage significance,
(e) to protect and recognise locally significant trees and natural landforms as part of Sutherland Shire’s environmental heritage,
(f) to provide flexibility in the application of standards for development or permitted uses of land to enable appropriate conservation of heritage items,
(g) to ensure timely consultation with State agencies, the relevant local Aboriginal land council and local communities to ensure that measures to conserve items are appropriate,
(h) to limit inappropriate and unsympathetic development in the vicinity of cultural heritage items.
(2) Requirement for consent Development consent is required for any of the following—
(a) demolishing or moving a heritage item,
(b) altering a heritage item, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building, by making structural changes to its interior,
(d) disturbing or excavating an archaeological site 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,
(e) disturbing or excavating a place of Aboriginal heritage significance,
(f) erecting a building on, or subdividing, land on which a heritage item is located.
(3) When consent not required However, consent under this clause is not required if—
(a) the applicant has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i) is of a minor nature or consists of maintenance of the heritage item, archaeological site or place of Aboriginal heritage significance, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or place of Aboriginal heritage significance, or
(b) the development is in a cemetery or burial ground and the proposed development—
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property.
(4), (5) (Repealed)
(6) Archaeological sites of non-Aboriginal heritage significance The consent authority must, before granting consent under this clause to development on an archaeological site (including development referred to in subclause (2) (d))—
(a) consider the effect of the proposed development on the heritage significance of the site and any relic known or reasonably likely to be located at the place, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
(7) Subclause (6) does not apply to—
(a) any development that, in the opinion of the consent authority, does not involve—
(i) any disturbance of below-ground relics, or
(ii) any adverse impact on the heritage significance of above-ground relics, or
(b) any site or relic that is listed on the State Heritage Register.
(8) Places of Aboriginal heritage significance The consent authority must, before granting consent under this clause to carrying out development in a place of Aboriginal heritage significance (including development referred to in subclause (2) (e))—
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 21 days after the notice is sent.
(9) Heritage impact assessment The consent authority may, before granting consent to any development on land on which a heritage item is situated, require a heritage impact statement to be prepared.
(10) For the purposes of considering the matters referred to in subclause (6) (a) or (8) (a), the consent authority must require a heritage impact statement to be prepared.
(11) A heritage impact statement prepared for the purposes of considering the matters referred to in subclause (8) (a), must be prepared in consultation with a person who, in the opinion of the consent authority, is a suitably qualified Aboriginal archaeologist.
(12) However, a heritage impact statement is not required to be prepared for the purposes of considering the matters referred to in subclause (8) (a) if—
(a) the proposed development involves the erection or use of a building and is to be carried out wholly within an existing or previous building footprint, or
(b) the proposed development is located away from sandstone rock features, shell deposits or other sites that, in the opinion of the consent authority, are, or have the potential to be, of Aboriginal heritage significance.
(13) Certain development permissible if retention of heritage item is dependent on consent Despite any other provision of this plan, the consent authority may grant consent to the use of land on which a building that is a heritage item is located (including the use of the building) for any purpose if—
(a) it 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 heritage conservation management plan that has been approved 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 heritage item, and
(e) the proposed use would not have a significant adverse effect on the amenity of the surrounding area.
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).