Part I - Other Considerations - Richmond Valley Council

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Richmond Valley Development Control Plan 2012(c) Local Heritage Assistance FundEach year Council offers owners of Heritage listed properties an opportunity toapply for small grants to assist with the conservation or reinstatement ofheritage fabric. This program is partially funded (50%) by the Heritage Branch.Grant rounds are generally announced each March/April for funding ofprojects in the following financial year. To be eligible, the project must have acurrent heritage listing within the Richmond Valley Council area.The ongoing provision of the Local Heritage Assistance Fund will be subject tobudget provision being made from year to year.(d) Additional permitted usesClause 5.10(10) provides an opportunity for Council to grant developmentconsent for proposals that would not otherwise be permitted by the RichmondValley LEP 2012. These incentives will be extended to include thisdevelopment under this development control plan.Before Council can grant consent to such incentives it must be satisfied that:‣ conservation of the heritage item or Aboriginal Place of heritagesignificance is facilitated.‣ the proposal is in accordance with a heritage management documentapproved by Council.‣ consent would require all necessary conservation work identified withinthe heritage management document to be carried out.‣ the proposal would not adversely affect the heritage significance of theitem, including its setting.‣ the proposed development would not adversely impact on the amenity ofthe surrounding area.(i) Process for Approving a Heritage Management Document containingAdditional Development IncentivesApproval of a Heritage Management Document containing incentives fordevelopment that would be otherwise prohibited by the Richmond Valley LEP2012 or this DCP must only be granted where the following procedures havebeen followed. This is to ensure the process is transparent, and that heritagesignificance and conservation outcomes justify the development incentivesbeing sought.‣ the Heritage Management Document must be advertised and notified fora minimum period of 21 days.‣ the Heritage Management Document must be reported to Council, alongwith a summary of submissions received, and detail:• the incentives proposed and how they depart from the standardscontained within the LEP and/or DCP.• the conservation measures proposed to be undertaken to justify thedevelopment incentives.• an evaluation of whether the heritage significance and conservationmeasures proposed justify proposed development incentives.Part I – Other Considerations – Heritage I.18
Richmond Valley Development Control Plan 2012(ii) Types of Development Incentives that may not be consideredExamples of the types of incentives that may be considered are:‣ Erection of an additional dwelling on rural land where the heritage item isa dwelling and will be restored and maintained on the land.‣ Slightly higher densities for residential flat buildings.Examples of the types of incentives that would not be supported:‣ Rural subdivision below minimum lot size so as to create additional lotswith dwelling opportunities.(11) Local Site Specific Exemptions from Requiring ConsentAn applicant may request that Council review the need for developmentconsent, under Clause 5.10 of the LEP. Council needs to be satisfied that theproposed development is of a minor nature or is for maintenance and will notadversely affect heritage significance.This process can be simple, reflecting minor one-off proposals, or complex,capturing a number of minor works or recurrent works at the site. It is for thepurposes of the later that Council and the Owner of a property may enter intoan agreement, known as a Local Site Specific Exemption, to exclude certainidentified works from requiring development consent.(i) What should be included in a Local Site Specific ExemptionSuch an agreement should include:‣ a description of the works covered by the Local Site Specific Exemption,‣ conditions that must be employed to enable the exceptions to be used,‣ a description of the land to which the agreement applies,‣ a statement of heritage significance, and‣ a period of time after which the agreement will expire.(ii) Agreement runs with the landOnce an agreement has been endorsed it will run with the land. This means anew owner of that property is not required to enter into a new agreement forthem to be used.(iii) Withdrawal of AgreementCouncil or the Owner may at any time withdraw support to a Local SiteSpecific Exemption. Such a withdrawal needs to be in writing and is effectiveimmediately. Where it is Council that withdraws its support for an agreement itshall identify the reasons in its written notice.I1.4 Development Standards—AboriginalCultural HeritageRichmond Valley Council acknowledges the peoples of the Bundjalung Nationas the traditional custodians of this region. These traditional owners includethe people of the Banjalang, Birihnbal, Galibal, Nyangbal and Wiyabal tribeswho engaged in a rich and complex ritual life with language, customs,spirituality and law – the heart of which was connection to country.Part I – Other Considerations – Heritage I.19
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Part I - Other Considerations - Richmond Valley Council

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