Lake Macquarie Local Environmental Plan 2014

Objectives The objectives of this clause are as follows—

to conserve the environmental heritage of Lake Macquarie City,

to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

to conserve archaeological sites,

to conserve Aboriginal objects and Aboriginal places of heritage significance.

Requirement for consent Development consent is required for any of the following—

demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

a heritage item,

an Aboriginal object,

a building, work, relic or tree within a heritage conservation area,

altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

disturbing or excavating an Aboriginal place of heritage significance,

erecting a building on land—

on which a heritage item is located or that is within a heritage conservation area, or

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

subdividing land—

on which a heritage item is located or that is within a heritage conservation area, or

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

When consent not required However, development consent under this clause is not required if—

the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

the development is in a cemetery or burial ground and the proposed development—

is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

the development is exempt development.

Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

Heritage assessment The consent authority may, before granting consent to any development—

on land on which a heritage item is located, or

on land that is within a heritage conservation area, or

on land that is within the vicinity of land referred to in paragraph (a) or (b),

Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

Archaeological sites The consent authority must, before granting development consent under this clause to the carrying out of development on an archaeological site, other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies, consider the impact of the development on the archaeological site.

Aboriginal places of heritage significance The consent authority must, before granting development consent under this section to the carrying out of development in an Aboriginal place of heritage significance—

conduct an adequate investigation and assessment, which may involve consideration of a heritage impact statement, and

consider the effect of the proposed development on the heritage significance of—

the place, and

any Aboriginal object known to be, or reasonably likely to be, located at the place.

(Repealed)

Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—

the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

the proposed development would not have any significant adverse effect on the amenity of the surrounding area.