72Development that would materially affect a heritage item

72 Development that would materially affect a heritage item

72 Development that would materially affect a heritage item

The consent authority must not grant consent for development that will materially affect a heritage item unless it is satisfied that—

(a) the item, or the part of the item, affected is not of such heritage significance or landmark value that the proposed development would diminish the heritage of the City of Sydney, and

(b) the proposed development exhibits design excellence and is superior in quality to the existing heritage item, and

(c) the proposed development would make a contribution to the quality of the public domain of the City of Sydney superior to that made by the existing heritage item, and

(d) in the case of partial demolition, the proposed development would conserve the heritage significance (and would not prejudice the continued heritage item status) of the item, would facilitate its continued use or adaptive reuse, and would contribute to the ongoing conservation of the heritage item, or the affected part of the item that will be retained, and

(e) in the case of complete demolition, the retention of the heritage item would render the site on which it is located incapable of viable continued use or adaptive reuse.