Part I - Other Considerations - Richmond Valley Council

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Richmond Valley Development Control Plan 2012(a) Clause 5.10 – Heritage conservationClause 5.10 is a mandatory clause within the Standard Instrument LEP andcontains the heritage conservation provisions. The LEP also contains anumber of definitions, contained within the LEP Dictionary, Schedule 5containing a list of items and areas, and a Heritage Map identifying thelocation of items and areas contained within the schedule.Heritage items can be buildings, works,trees, places, archaeological relics orobjects. All heritage items arerecognised for their particular value orheritage significance. Heritage itemsand conservation areas have specialqualities that make them significant.Development needs to take particularcare to ensure that the particularthemes, features or characteristics thatmake the item or area significant arenot compromised by change.This can include:‣ Retaining heritage items and encouraging changes to occur away fromsignificant elements or sections of heritage items.‣ Ensuring new work has suitable bulk, scale, proportions and detailing sothat it does not dominate or compromise the ability to interpret heritageitems (including adjacent or nearby items) or the heritage conservationarea.‣ Encourage use of suitable materials.Extract from Richmond Valley Local Environmental Plan 2012Clause 5.10 Heritage conservationNote. Heritage items (if any) are listed and described in Schedule 5. The Heritage Map may also show the location ofa heritage item. Heritage conservation areas (if any) must be shown on the Heritage Map as well as being describedin Schedule 5.The location and nature of Aboriginal objects and Aboriginal places of heritage significance may be described inSchedule 5 and shown on the sheet of the Heritage Map marked “Aboriginal Heritage Map”.(1) ObjectivesThe objectives of this clause are as follows:(a) to conserve the environmental heritage of Richmond Valley Local Government Area,(b) to conserve the heritage significance of heritage items and heritage conservationareas, including associated fabric, settings and views,(c) to conserve archaeological sites,(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.(2) Requirement for consentDevelopment consent is required for any of the following:(a) demolishing or moving any of the following or altering the exterior of any of thefollowing (including, in the case of a building, making changes to its detail, fabric,finish or appearance):(i) a heritage item,(ii) an Aboriginal object,(iii) a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item that is a building by making structural changes to its interior orby making changes to anything inside the item that is specified in Schedule 5 inrelation to the item,Part I – Other Considerations – Heritage I.6
Richmond Valley Development Control Plan 2012(c)(d)(e)(f)disturbing or excavating an archaeological site while knowing, or having reasonablecause to suspect, that the disturbance or excavation will or is likely to result in a relicbeing discovered, exposed, moved, damaged or destroyed,disturbing or excavating an Aboriginal place of heritage significance,erecting a building on land:(i) on which a heritage item is located or that is within a heritage conservationarea, or(ii) on which an Aboriginal object is located or that is within an Aboriginal placeof heritage significance,subdividing land:(i) on which a heritage item is located or that is within a heritage conservationarea, or(ii) on which an Aboriginal object is located or that is within an Aboriginal placeof heritage significance.(3) When consent not requiredHowever, development consent under this clause is not required if:(a)(b)the applicant has notified the consent authority of the proposed development and theconsent authority has advised the applicant in writing before any work is carried outthat it is satisfied that the proposed development:(i)(ii)is of a minor nature or is for the maintenance of the heritage item, Aboriginalobject, Aboriginal place of heritage significance or archaeological site or abuilding, work, relic, tree or place within the heritage conservation area, andwould not adversely affect the heritage significance of the heritage item,Aboriginal object, Aboriginal place, archaeological site or heritageconservation area, orthe development is in a cemetery or burial ground and the proposed development:(i) is the creation of a new grave or monument, or excavation or disturbance ofland for the purpose of conserving or repairing monuments or grave markers,and(ii) would not cause disturbance to human remains, relics, Aboriginal objects inthe form of grave goods, or to an Aboriginal place of heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the Councilis satisfied is a risk to human life or property, or(d) the development is exempt development.(4) Effect of proposed development on heritage significanceThe consent authority must, before granting consent under this clause in respect of a heritageitem or heritage conservation area, consider the effect of the proposed development on theheritage significance of the item or area concerned. This subclause applies regardless ofwhether a heritage management document is prepared under subclause (5) or a heritageconservation management plan is submitted under subclause (6).(5) Heritage assessmentThe consent authority may, before granting consent to any development:(a) on land on which a heritage item is located, or(b) on land that is within a heritage conservation area, or(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),require a heritage management document to be prepared that assesses the extent to which thecarrying out of the proposed development would affect the heritage significance of the heritageitem or heritage conservation area concerned.(6) Heritage conservation management plansThe consent authority may require, after considering the heritage significance of a heritageitem and the extent of change proposed to it, the submission of a heritage conservationmanagement plan before granting consent under this clause.(7) Archaeological sitesThe consent authority must, before granting consent under this clause to the carrying out ofdevelopment on an archaeological site (other than land listed on the State Heritage Register orto which an interim heritage order under the Heritage Act 1977 applies):(a) notify the Heritage Council of its intention to grant consent, and(b) take into consideration any response received from the Heritage Council within 28days after the notice is sent.(8) Aboriginal places of heritage significanceThe consent authority must, before granting consent under this clause to the carrying out ofdevelopment in an Aboriginal place of heritage significance:(a) consider the effect of the proposed development on the heritage significance of theplace and any Aboriginal object known or reasonably likely to be located at the placeby means of an adequate investigation and assessment (which may involveconsideration of a heritage impact statement), andPart I – Other Considerations – Heritage I.7
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Part I - Other Considerations - Richmond Valley Council

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