21Heritage conservation area

21 Heritage conservation area

21 Heritage conservation area

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

(a) demolish or alter a building or work within the area,

(b) damage or move a relic, or excavate for the purpose of exposing or removing a relic, within the area,

(c) damage or despoil a place or tree within the area, or

(d) erect a building on or subdivide land within the area,

except with the consent of the Council.

(2) The Council shall not grant consent to a development application required by 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 heritage conservation area.

(3) The Council shall not grant consent to a development application required by subclause (1), being an application to erect a new building or to alter an existing building, unless the Council 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) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the heritage conservation area.

(4) Nothing in clause 6, 9 or 10 of State Environmental Policy No 4—Development Without Consent authorises the carrying out of development referred to in subclause (1) without the need to obtain development consent.