APPENDIX 6 - HERITAGE PROVISIONS TO BE INSERTED IN LOCAL ENVIRONMENTAL PLANS

PROVISIONS TO BE INSERTED IN LOCAL ENVIRONMENTAL PLANS

Aims, objective, etc

This clause should contain, at minimum, the following provision.

( ) to conserve and enhance the environmental heritage of the Shire.

Definitions: (to be inserted in the interpretation clause)

"Conservation area" means the land edge blue and marked "Conservation Area" on the map;

"Demolition" in relation to a building or work means the damaging, defacing, destruction, pulling down or removal of the building or work, in whole or in part.

"Item of the Environmental Heritage" means those buildings, works, relics or places of historic, scientific, cultural, social, architectural, archaeological, natural or aesthetic significance to the Shire:

situated on land coloured orange on the map;
described in schedule .....; or
identified in a development control plan;

"Relic" means any deposit, object or material evidence relating to the settlement (including aboriginal habitation) prior to January 1, 1990, of the area of the Council;

"Renovation" in relation to a building or work means:

the making of structural changes to the inside or the outside of the

building or work; or

the making of non structural changes to the fabric or appearance of

the outside of the building or work, including changes that involve the repair or painting, plastering or other decoration of the outside of the building work.

Items of the environmental heritage

1. (1) A person shall not, in respect of a building, or work within a conservation

area or in respect of a building, work relic or place that is an item of the
environmental heritage:

(a) demolish, renovate or extend any such building or work;

(b) damage or despoil any such relic or any part of any such relic;

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

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

Except with the consent of the Council

(2) The Council shall not grant consent to a development application made

in pursuance of subclause (1) unless it has made an assessment of:

(a) the significance of the item as an item of the environmental heritage of the Shire;

(b) the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, natural or aesthetic significance of the item and its sites;

(c) whether the setting if the item, and in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained; and

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public.

Development in the vicinity of any item of environmental heritage

2. The Council shall not grant consent to a development application to carry out development in the vicinity of the environmental heritage unless it has made an assessment of the effect which the carrying out of the development will have on

the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item of environmental heritage and its setting.

Conservation Area

3. (1) A person shall not, in respect of a conservation area;

(a) demolish, extend or change the outside of a building or work within that area, including changes to the outside of a building or work that involve the repair or the painting, plastering or other decoration of the outside of the building or work;

(b) damage or despoil a relic or part of a relic within that area;

(d) erect a building within that area,; or

(e) subdivide land within that area,

except with the consent of the Council.

(2) The Council shall not grant consent to a development application ,made in pursuance of subclause (1) unless it has made and assessment of:

(a) the extend to which the carrying out of the development accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the conservation area; and

(b) whether the refusal to grant consent would constitute a danger to

the users or occupiers of the land or the public.

Heritage Council to be given prior notice of demolition consent

4. Where a person makes a development application to demolish a building or work that to an item of the environmental heritage or within a conservation area the Council shall not grant consent to the application until the Council has notified the Secretary of the Heritage Council of its intention to do so.

Advertising of heritage applications

5. (1) Subject to subclause (2) the provisions of Section 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:

(a) the demolition of a building or work within a conservation area:

(b) the demolition of a building or work that is an item of the environmental heritage; and

(c) the use of a building or land referred to in clause 6 (1) for a purpose which, but for the that clause, would be prohibited under this plan.

in the same way as those provisions apply to and in respect of designated development.

(2) Subclause (1) does not apply to the partial demolition of a building or work where, in the opinion of the council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the City.
(3) For the purposes of subclause (1), section 84 (4) (a) of the Act shall be construed as if the words "the Department" (where the Minister or the Director is not the consent authority) were omitted therefrom.

Conservation incentive relating to heritage items

6. (1) Nothing in this plan prevents the council from granting consent to:

(a) the use for any purpose of a building within a conservation area, or the land on which that building is erected; or

(b) the use for any purpose of a building that is an item of the Environmental Heritage or of the land on which that building is erected.

Where the Council is satisfied that:

(d) conservation of the building depends on the Council granting consent in pursuance of this subclause.

(2) The Council, when considering an application to erect a building on land upon which there is building which is an item of the environmental heritage, may exclude from its calculation of the floor space of the buildings erected on the land for floor space of the item of the environmental heritage;

(a) for the purposes of determining the floor space ratio; and

(b) for the purposes of determining the number of parking spaces to be provided on the site.

But only if the Council is satisfied that the conservation of the building depends upon the Council granting consent in pursuance of this subclause