Sydney Local Environmental Plan 2005
70Definition of “materially affects” for the purposes of clauses 71–73
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70 Definition of “materially affects” for the purposes of clauses 71–73
70 Definition of “materially affects” for the purposes of clauses 71–73
(1) For the purposes of clauses 71–73, development on land that comprises or includes the site of a heritage item materially affects the item only if—
(a) it will reduce or increase the building envelope occupied by the item, or
(b) it will be carried out within the airspace above the building envelope occupied by the item.
(2) However, development does not materially affect a heritage item if, in the opinion of the consent authority, the proposed development will not adversely affect the heritage significance of the heritage item concerned.