19Heritage items

19 Heritage items

19 Heritage items

(1) Except as provided by clause 24, a person shall not, in respect of a heritage item—

(a) demolish or alter the building or work,

(b) damage or move the relic,

(c) excavate for the purpose of exposing the relic,

(d) damage or despoil the place or tree,

(e) erect a building on or subdivide the land on which the building, work or relic is situated or that comprises the place, or

(f) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2) The Council shall not grant consent to a development application under subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.

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).

(3) The Council shall not grant consent as referred to in subclause (1) in respect of an application to alter a building that is a heritage item unless it has made an assessment of—

(a) the pitch and form of the roof,

(b) the style, size, proportion and position of the openings for windows and doors, and

(c) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building and the effect which the use of those materials will have on the appearance of the exterior of the building.

cl 19: Am 2008 (571), Sch 3.184 [1].