Sydney Local Environmental Plan 2005
61Award of heritage floor space
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61 Award of heritage floor space
61 Award of heritage floor space
(1) When consent is granted for development that the consent authority is satisfied will consist of or include the conservation of a heritage item within Central Sydney, the consent authority may make the owner of the heritage item or a person nominated by the owner an award of heritage floor space.
(2) Heritage floor space may be awarded only if the consent authority is satisfied that, through the registration of a covenant on the title to the site of the heritage item concerned, future development will not increase the total floor space area or height of the heritage item.
(3) Heritage floor space cannot be awarded in relation to a heritage item if—
(a) the whole or part of the area occupied by the heritage item has been or is included as site area for the purpose of calculating the floor space ratio for another building, or
(b) an amount of floor space that may be or has been allowed to be created in another building has previously been awarded in respect of the heritage item under this clause or another heritage conservation incentive scheme administered by the consent authority.
(4) Any heritage or other floor space awarded under such an incentive scheme is taken to be heritage floor space awarded for the purposes of this plan whether or not it was allocated for use in a building before the commencement of this plan.
(5) Details of all heritage floor space awarded are to be entered in a register maintained by the Council, but only after conservation works in accordance with a conservation management plan for the heritage item concerned that has been approved by the Council or the Central Sydney Planning Committee have been completed to the satisfaction of the Council or the Central Sydney Planning Committee.
(6) Once heritage floor space awarded in respect of a heritage item has been entered in that register, no amount of the site of the heritage item can be included as site area for the purpose of calculating the floor space ratio for buildings on a site that includes any land outside the site of the heritage item.