Gosford Local Environmental Plan No 460 (2006-804) [GG No 189 of 22.12.2006, p 11783] (NSW)
2006 No 804
| New South Wales |
Gosford Local Environmental Plan
No 460
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Planning, make the following local environmental plan under the
Environmental Planning and Assessment Act 1979. (C03/00051/S69)
FRANK SARTOR, M.P.,
Minister for Planning
| Published in Gazette No 189 of 22 December 2006, page 11783 | Page 1 |
| 2006 No 804 |
| Clause 1 | Gosford Local Environmental Plan No 460 |
Gosford Local Environmental Plan No 460
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Gosford Local Environmental Plan No 460.
2 Aims of plan
This plan aims:
| (a) | to encourage the conservation of heritage items within the City of Gosford, and |
| (b) | to include in the planning instruments of Gosford City Council certain heritage items currently listed in the Council’s Environmental Heritage Conservation Development Control Plan and new items identified in Stage 2 of the Council’s Heritage Study Review. |
3 Land to which plan applies
This plan applies to all land in the City of Gosford to which the following instruments apply:
| (a) | the Gosford Planning Scheme Ordinance, |
| (b) | Interim Development Order No 122—Gosford, |
| (c) | Gosford Local Environmental Plan No 22. |
4 Amendment of Gosford Planning Scheme Ordinance
The Gosford Planning Scheme Ordinance is amended as set out in
Schedule 1.
5 Amendment of Interim Development Order No 122—Gosford
Interim Development Order No 122—Gosford is amended as set out in
Schedule 2.
6 Amendment of Gosford Local Environmental Plan No 22
Gosford Local Environmental Plan No 22 is amended as set out in
Schedule 3.
2006 No 804
Gosford Local Environmental Plan No 460
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
(Clause 4)
[1] Clause 3 Interpretation
| Omit the definitions of Item of environmental heritage and Relic from clause 3 (1). |
[2] Clause 3 (1)
Insert in alphabetical order:
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Archaeological site means the site (as listed in Schedule 8) of one
or more relics.
Cemetery means a building or place for the interment of deceased
persons or pets or their ashes, and includes a funeral chapel or
crematorium.
Curtilage, in relation to a heritage item or conservation area,
means the area of land (including land covered by water)
surrounding a heritage item, a heritage conservation area, or
building, work or place within a heritage conservation area,
which contributes to its heritage significance.
Demolish, in relation to a heritage item, or a building, work, relic
or tree within a heritage conservation area, means wholly or
partly destroy, dismantle or deface the heritage item or the
building, work, relic or tree.
Heritage conservation area means:
| (a) | an area of land that is shown as a heritage conservation area on the Heritage Map (including any heritage items situated on or within that conservation area), or |
| (b) | a place of Aboriginal heritage significance shown on the Heritage Map. |
Note. At the commencement of Gosford Local Environmental Plan No 460 there were no heritage conservation areas on land under the Gosford Planning Scheme Ordinance.
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
Heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
Heritage impact statement means a document consisting of:
| (a) | a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other heritage conservation area, and |
| (b) | an assessment of the impact that proposed development will have on that significance, and |
| (c) | proposals for measures to minimise that impact. |
Heritage item means a building, work, archaeological site, tree, place or Aboriginal object specified in an inventory of heritage items that is available at the office of the Council and the site and nature of which is described in Schedule 8.
Heritage Map
Note. There is no Heritage Map for the purposes of this Ordinance.
Heritage significance
means historical, scientific, cultural, shown on the Heritage Map that is:
social, archaeological, architectural, natural or aesthetic value.
Local heritage significance, in relation to a place, building,
work, historical archaeological site, tree or precinct, means its
heritage significance to an area.
Maintenance, in relation to a heritage item or a building, work,
historical archaeological site, tree or place within a heritage
conservation area, means ongoing protective care. It does not
include the removal or disturbance of existing fabric, alterations,
such as carrying out extensions or additions, or the introduction
of new materials or technology.
| (a) | the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| (b) | a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. |
Relic means any deposit, object or other material evidence of human habitation:
| (a) | that relates to the settlement of the area of the City of Gosford, not being Aboriginal settlement, and |
| (b) | that is more than 50 years old, and |
| (c) | that is a fixture or is wholly or partly within the ground. |
[3] Clauses 45A–45C
Omit the clauses.
[4] Clause 49T
Insert after clause 49S:
|
| (1) | Objectives | |||||||
| The objectives of this clause are: | ||||||||
| ||||||||
| (2) | Requirement for consent | |||||||
| Development consent is required for any of the following: | ||||||||
|
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| (d) | 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, |
| (e) | disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance, |
| (f) | erecting a building on land on which a heritage item is located or that is within a heritage conservation area, |
| (g) | subdividing land on which a heritage item is located or that is within a heritage conservation area. |
| (3) | When consent not required | |
| However, consent under this clause is not required if: | ||
|
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
| (b) | the development is in a cemetery or burial ground and the proposed development: | |||
| ||||
| (c) | 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 | |||
| (d) | the development is exempt development. |
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| (4) | Heritage impact assessment | |||
| The consent authority may, before granting consent to any development on land on which a heritage item is situated or that is within a heritage conservation area, require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. | ||||
| (5) | Heritage conservation management plans | |||
| The consent authority may require, after considering the 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. | ||||
| (6) | Archaeological sites | |||
| The consent authority must, before granting 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 applies): | ||||
| ||||
| (7) | Places of Aboriginal heritage significance | |||
| The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance: | ||||
|
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| (8) | Demolition of item of State significance | |||||||||
| The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 8 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): | ||||||||||
| ||||||||||
| (9) | 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, even though development for that purpose would otherwise not be allowed by this Ordinance if the consent authority is satisfied that: | ||||||||||
|
[5] Schedule 8
Omit the heading to the Schedule. Insert instead:
|
(Clauses 3 (1) and 49T)
2006 No 804
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
[6] Schedule 8
Insert after the Schedule heading:
Heritage items of State significance
| * Hawkesbury River rail bridge, Brooklyn (includes 3 pylons of the former Hawkesbury River Railway Bridge). * House, Mulhollands Farm, No 9 Pixie Avenue, Green Point. * Foreshore land and structures, No 9 Pixie Avenue, Green Point. * House, “Rosemount”, No 36 Steyne Road, Saratoga. * House, “Wyoming Cottage”, Pacific Highway, Wyoming. * Hely’s Grave, Pacific Highway, Wyoming. * House, “The Grange”, Renwick Street, Wyoming. |
Note. Items marked with an asterisk (*) are items listed on the State Heritage Register and subject to the provisions of the Heritage Act 1977.
[7] Schedule 8
Insert at the end of the matter relating to heritage items of State significance:
Heritage items
[8] Schedule 8
Omit:
3 pylons of old Hawkesbury River Railway Bridge.
House, “Mulhollands”, 9 Pixie Avenue, Green Point.
House, “Rosemount”, 36 Steyne Road, Saratoga.
House, “The Grange”, former farm Building, Renwick Street,
Wyoming.
Grave of F. A. Hely, Pacific Highway, Wyoming.
House, “Wyoming Cottage”, corner Pacific Highway and
Wyoming Road, Wyoming.
[9] Schedule 8
Insert at the end of the matter relating to heritage items: Hastings Wharf, Kallaroo Road, Bensville. Former house, now part of Orange Grove Private Hospital, Lot 3,
DP 861482, No 380 Orange Grove Road, Blackwall.
2006 No 804
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
Booker Bay Store, Lot A, DP 338628, No 72 Booker Bay Road,
Booker Bay.
Shop “Kings Store”, Lot 119A, DP 416609, No 78 Booker Bay
Road, Booker Bay.
Davistown Store, Lot 1, DP 12932, No 1 McCauley Street,
Davistown.
Davistown Baths, Pine Avenue, Davistown.
House, “Stonehurst”, Lot 6, DP 227878, No 64 George Street,
East Gosford.
House, “Nettaville”, Lot 52, DP 715094, No 2 York Street, East
Gosford.
House, Lot 44, DP 614225, No 100 Lushington Street, East
Gosford.
House, former boarding house, “Empire House”, Lot B, DP
102620, No 8 Sorrento Road, Empire Bay.
Empire Bay Store and Residence, Lot B, DP 320140, No 12
Sorrento Road, Empire Bay.
Anglican Church, Lot 201, DP 7029, No 47 Rosella Road,
Empire Bay.
War Memorial, Road Reserve, intersection of Sorrento and
Kendall Roads, Empire Bay.
Merrett’s Wharf, off Rickard Road, Empire Bay.
Vietnam Veterans Memorial, Ettalong Foreshore Reserve, The
Esplanade, Ettalong Beach.
House, Lot 1, DP 302414, No 21 Pacific Highway (8 Wilhelmina
Street), Gosford.
Dwyer Pavilion, Gosford Showground, Showground Road,
Gosford.
Farmhouse, “Kenmare”, Lot 9, DP 236432, No 4 Roslyn
Gardens, Green Point.
House, “Capri”, Lot 49, DP 302278, No 40 Araluen Drive,
Hardys Bay.
House, “Bayview”, Lot 1, DP 171147, No 42 Araluen Drive,
Hardys Bay.
Killcare Store, Lot 43, DP 8830, No 54 Araluen Drive, Hardys
Bay.
2006 No 804
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Killcare Marina site, Lot 495, DP 822113, opposite No 46
Araluen Drive, Killcare.
Rickards Wharf, Araluen Drive, Killcare.
Post and rail fence, Lot 1, DP 603464 and Lot 1, DP 781105, No
168–170 Avoca Drive, Kincumber.
House, George Frost House, Lot 1, DP 603464, No 168 Avoca
Drive, Kincumber.
Post and rail fence, Lots 11 and 12, DP 635510, Avoca Drive,
Kincumber.
House, “The Lavender Patch”, Lot 1, DP 870536, Joseph Place,
Kincumber.
Wards Wharf, Public Reserve adjacent Sewage Treatment
Works, Kincumber.
House, Lot 1, DP 25265, No 15 Brisbane Water Drive,
Koolewong.
House and wharf, “Glenrock”, Lot 2, DP 387962, No 12 Couche
Crescent, Koolewong.
House, “Sunny Haven”, Lot 181, DP 204140, No 154 Glenrock
Parade, Koolewong.
House, Lot 4, DP 332224, No 30 Lara Street, Koolewong. Two houses, Lot 412, DP 833320, Parks Bay, Koolewong. Shop and outbuilding, Post Office Store (Pryor Brothers), Lot 1,
DP 590606, Lisarow.
Grave of Frances Peat, Public Reserve, Mooney Mooney Point.
House, “White Gates”, Lot 1, DP 565029, No 18 Hanlan Street,
Narara.
House, “Valley View”, Lot 4, DP 612752, No 95 Hanlan Street
North, Narara.
Venus Wharf site, Maliwa Road, Narara.
House, “Holcombes”, Lot 1, DP 700106, corner of Manns and
Showground Roads, Narara.
House, Lot A, DP 420450, No 39 Pearsons Street, Narara.
Patonga Store, Lot 5, DP 23839, No 8 Patonga Drive, Patonga.
War Memorial, Road Reserve, intersection of Patonga Drive,
Bay Street and Jacaranda Avenue, Patonga.
2006 No 804
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House, “Yamba”, Lot 480, DP 14592, No 13 Crystal Avenue,
Pearl Beach.
Pearl Beach Hall and Memorial, Lot 324, DP 14592, No 9
Diamond Road, Pearl Beach.
Phegans Walking Track, Lots 40–46, DP 8421, Nos 80–92
Monastir Road, Phegans Bay.
House, “Katie Dawsons”, Lot 5, DP 4090, No 15 Alukea Avenue,
Point Clare.
House, Lot 1, DP 38240, No 27 Brisbane Water Drive, Point
Clare.
House, “Keiraville”, Lot 4, DP 613722, No 156 Brisbane Water
Drive, Point Clare.
Goodawang Wharf and Langley House footings, Kurrawa
Avenue, Point Clare.
House, “Corra-Lynn”, Lot 9, DP 38586, No 3 Lynn Avenue,
Point Frederick.
House, “Weona”, Lot 35, Section 2, DP 6552, No 66 Highview
Road, Pretty Beach.
Former Pretty Beach Store, Lot 12, Section 1, DP 6552, No 38
Pretty Beach Road, Pretty Beach.
House, former “Buena Vista” Boarding House, Lot 15, DP
561989, No 76 Steyne Road, Saratoga.
Graves of Scott family, Lot 33, DP 27767, No 15 Melaleuca
Crescent, Tascott.
House, “The Gunyah”, Lot B, DP 347541, No 168 Terrigal
Drive, Terrigal.
House, “Seville”, Lot 1, DP 348393, No 374 Terrigal Drive,
Terrigal.
War Memorial, Terrigal Foreshore, Terrigal Esplanade, Terrigal.
St Peter’s Church, Lot 682, DP 737089, No 12 Wagstaffe
Avenue, Wagstaffe.
Wagstaffe Store, Lots 1 and 2, DP 7041, Nos 46–48 Wagstaffe
Avenue, Wagstaffe.
Boatshed and Norfolk Island Pines, Lot 222, DP 514964,
Wagstaffe Avenue, Wagstaffe.
2006 No 804
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Wagstaffe Memorial Hall, Lot 17, DP 4961, Wagstaffe Avenue,
Wagstaffe.
Former Uniting Church, Lot 5, DP 959078, No 600 The Entrance
Road, Wamberal.
Two shops, “Noonans”, Lot 2, DP 204415 and Lot 10, DP
235753, Nos 8–10 Blackwall Road, Woy Woy.
Part of former “Alecia” Tea Rooms, Lot C, DP 400718,
Blackwall Road, Woy Woy.
Woy Woy Memorial Park and Wall, Brickwharf Road, Woy
Woy.
Former shop, “Mrs Wilsons”, Lot 12, DP 1009830, corner of
Charlton and Railway Streets, Woy Woy.
Woy Woy Masonic Hall, Lot 331, DP 547025, No 42 Railway
Street, Woy Woy.
House, Lot 13, Section 1, DP 5099, No 146 Railway Street, Woy
Woy.
House, Lot 26, DP 19469, No 6 Taylor Street, Woy Woy Bay.
House, Lot 5, Section 4, DP 1905, No 10 Akora Road, Wyoming.
Yattalunga Baths, Mundoora Avenue, Yattalunga.
[10] Schedule 10 Exempt development
Omit “an item of environmental heritage” wherever occurring under the Column heading “Limit” and heading “Heritage” in the matter relating to Item 1 (a).
Insert instead “a heritage item”.
[11] Schedule 10, item 2 (g)
Omit “not on land affected by Gosford Local Environmental Plan No 183, Development Control Plan No 34—Items of Environmental Heritage,” under the Column heading “Limit” and heading “Heritage”.
Insert instead “not on the site of a heritage item or on land affected by”.
[12] Schedule 10, items 2 (n), 4 and 5
Omit “not on properties affected by Gosford Local Environmental Plan No 183, Development Control Plan No 34—Items of Environmental Heritage,” wherever occurring under the Column heading “Limit” and heading “Heritage”.
Insert instead “not on the site of a heritage item or on land affected by”.
2006 No 804
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
[13] Schedule 10, item 3
Omit “other than a heritage item affected by Gosford Local Environmental Plan No 183, Development Control Plan No 34—Items of Environmental Heritage,” under the Column heading “Type of development”.
Insert instead “other than demolition of a heritage item, or demolition of a building or structure on land affected by”.
[14] Schedule 10, item 3
| Omit “Management” under the Column heading “Type of development”. Insert instead “Management)”. |
2006 No 804
Gosford Local Environmental Plan No 460
| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
(Clause 5)
[1] Clause 3 Interpretation
Omit the definitions of Aboriginal place, Conservation management plan, Heritage conservation area, Heritage impact statement, Heritage maintenance, Item of environmental heritage and Relic from clause 3 (1).
[2] Clause 3 (1)
Insert in alphabetical order:
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Archaeological site means the site (as listed in Schedule 2) of one
or more relics.
Cemetery means a building or place for the interment of deceased
persons or pets or their ashes, and includes a funeral chapel or
crematorium.
Curtilage, in relation to a heritage item or conservation area,
means the area of land (including land covered by water)
surrounding a heritage item, a heritage conservation area, or
building, work or place within a heritage conservation area,
which contributes to its heritage significance.
Demolish, in relation to a heritage item, or a building, work, relic
or tree within a heritage conservation area, means wholly or
partly destroy, dismantle or deface the heritage item or the
building, work, relic or tree.
Heritage conservation area means:
| (a) | an area of land that is shown as a heritage conservation area on Sheet 2 of the Heritage Map (including any heritage items situated on or within that conservation area), or |
| (b) | a place of Aboriginal heritage significance shown on the Heritage Map. |
2006 No 804
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
Heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
Heritage impact statement means a document consisting of:
| (a) | a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other heritage conservation area, and |
| (b) | an assessment of the impact that proposed development will have on that significance, and |
| (c) | proposals for measures to minimise that impact. |
Heritage item means a building, work, archaeological site, tree, place or Aboriginal object specified in an inventory of heritage items that is available at the office of the Council and the site and nature of which:
| (a) | is described in Schedule 2, or |
| (b) | in relation to certain land at Mount Penang, Kariong (comprising the Festival Development Site)—described in Schedule 2A and shown edged heavy black and numbered on Sheets 3 (built elements) and 4 (landscape elements) of the map marked “Gosford Local Environmental Plan No 391” deposited in the office of the Council. |
Heritage Map means Sheets 2–4 of the map marked “Gosford Local Environmental Plan No 391” deposited in the office of the Council.
Local heritage significance, in relation to a place, building, work, historical archaeological site, tree or precinct, means its heritage significance to an area.
Maintenance, in relation to a heritage item or a building, work, historical archaeological site, tree or place within a heritage conservation area, means ongoing protective care. It does not include the removal or disturbance of existing fabric, alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
2006 No 804
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
Place of Aboriginal heritage significance means an area of land shown on the Heritage Map that is:
| (a) | the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or |
| (b) | a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. |
Relic means any deposit, object or other material evidence of human habitation:
| (a) | that relates to the settlement of the area of the City of Gosford, not being Aboriginal settlement, and |
| (b) | that is more than 50 years old, and |
| (c) | that is a fixture or is wholly or partly within the ground. |
[3] Clause 38A
Insert after clause 38:
|
| (1) | Objectives | |||||||
| The objectives of this clause are: | ||||||||
| ||||||||
| (2) | Requirement for consent | |||||||
| Development consent is required for any of the following: | ||||||||
|
2006 No 804
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| (b) | altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior, |
| (c) | altering a heritage item that is a building, by making structural changes to its interior, |
| (d) | 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, |
| (e) | disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance, |
| (f) | erecting a building on land on which a heritage item is located or that is within a heritage conservation area, |
| (g) | subdividing land on which a heritage item is located or that is within a heritage conservation area. |
| (3) | When consent not required | |
| However, consent under this clause is not required if: | ||
|
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
| (b) | the development is in a cemetery or burial ground and the proposed development: | |||
|
2006 No 804
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| (c) | 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 |
| (d) | the development is exempt development. |
| (4) | Heritage impact assessment | |||
| The consent authority may, before granting consent to any development on land on which a heritage item is situated or that is within a heritage conservation area, require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. | ||||
| (5) | Heritage conservation management plans | |||
| The consent authority may require, after considering the 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. | ||||
| (6) | Archaeological sites | |||
| The consent authority must, before granting 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 applies): | ||||
| ||||
| (7) | Places of Aboriginal heritage significance | |||
| The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance: | ||||
|
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| (8) | Demolition of item of State significance | |||||||||
| The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 2 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): | ||||||||||
| ||||||||||
| (9) | 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, even though development for that purpose would otherwise not be allowed by this Order if the consent authority is satisfied that: | ||||||||||
|
[4] Clauses 39C–39E
Omit the clauses.
[5] Clause 103 Planning principles for Mount Penang
Omit “items of environmental heritage” wherever occurring under the headings “Heritage” and “Urban design” in the Table to the clause.
Insert instead “heritage items”.
2006 No 804
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
[6] Clause 104 Environmental heritage—former Juvenile Justice Centre, Mount Penang, Kariong
| Omit “items of environmental heritage” wherever occurring. Insert instead “heritage items”. |
[7] Clause 104 (2) (e)
Insert “heritage” after “Aboriginal”.
[8] Clause 105 Protection of heritage items, heritage conservation areas and relics at former Juvenile Justice Centre, Mount Penang, Kariong
| Omit “an item of environmental heritage” wherever occurring. Insert instead “a heritage item”. |
[9] Clause 105 (2) (a)
Omit “item or”. Insert instead “or”.
[10] Clause 105 (2) (b) and (4)
| Omit “item of environmental heritage” wherever occurring. Insert instead “heritage item”. |
[11] Clause 105 (5) (b) and (6)
Insert “heritage” before “conservation” wherever occurring.
[12] Clause 106 Development of places of Aboriginal heritage significance or of known potential archaeological sites of Aboriginal cultural significance at Mount Penang
| Omit “an Aboriginal place”. Insert instead “a place of Aboriginal heritage significance”. |
[13] Clause 106 (a)
Omit “relic”. Insert instead “Aboriginal object”.
[14] Schedule 2
Omit the heading to the Schedule. Insert instead:
|
(Clauses 3 (1) and 38A)
2006 No 804
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
[15] Schedule 2
Insert after the Schedule heading:
Heritage items of State significance
| * Lower Hawkesbury Wesleyan Chapel and site, Wisemans Ferry Road, Gunderman. * HMAS Parramatta shipwreck, Cascade Gully, Hawkesbury River. * Mount Penang Parklands, Pacific Highway, Somersby. * The Great North Road, between Devine’s Hill and Mount Manning, Wisemans Ferry. |
Note. Items marked with an asterisk (*) are items listed on the State Heritage Register and subject to the provisions of the Heritage Act 1977.
[16] Schedule 2
Insert after the matter relating to heritage items of State significance:
Heritage items
[17] Schedule 2
Omit:
Roadworks, Great North Road, Wisemans Ferry to Bucketty.
Wesleyan Chapel, Wisemans Ferry Road, Gunderman.
[18] Schedule 2
Insert at the end of the Schedule:
House, “Alpha”, Lot 4, DP 382701, No 42 Palmers Lane,
Bensville.
Palmers Wharf site, Palmers Lane, Bensville.
House, “Laythams”, Lot 116, DP 805652, Erina Valley Road,
Erina.
Grave of John Donovan, Lot 37, DP 755253 Wisemans Ferry
Road, Greengrove.
Ruins of mill, Lot 18, DP 24303, Mill Creek, Wisemans Ferry
Road, Gunderman.
House, Lot 1, DP 1032271, 59 Humphreys Road, Kincumber
South.
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Ruins of house, Lot 17, DP 755253, Mangrove Creek Road,
Mangrove Creek.
Site of Inn, Lot 37, DP 755239, Ten Mile Hollow Road,
Mangrove Creek.
“Waratah House”, Lot 1, DP 245129, Waratah Road, Mangrove
Mountain.
House, “Bundeena”, Lot 72, DP 755235, Waratah Road,
Mangrove Mountain.
Mangrove Mountain Union Church, Lot 78, DP 755235, No 220
Wisemans Ferry Road, Mangrove Mountain.
Mt Elliot House, Lot 7, DP 833975, Toomeys Road, Mount
Elliot.
Niagara Park Weir, behind No 130 Siletta Road, Niagara Park.
House and gardens, Lot 79, DP 665343, Peats Ridge Road, Peats
Ridge.
Peats Ridge Public School, No 660 Peats Ridge Road, Peats
Ridge.
House, “Glenworth Valley”, Lot 89, DP 755221, Glenworth
Valley Road, Popran Creek.
Remains of stone walling, Lot 37, DP 755221, Glenworth Valley
Road, Popran Creek.
Ruins of house, Lot 19, DP 604064, Rileys Bay.
“Ploddy the Dinosaur”, Pacific Highway, Somersby.
House, “Belbourie”, Lot 162, DP 543099, Vittasalos Road,
Somersby.
House, “Woodlands”, Lot 1, DP 135540, No 691 Wisemans
Ferry Road, Somersby.
House and gardens, “Linton Park”, Lot 3, DP 1027884,
Wisemans Ferry Road, Somersby.
Somersby Public School, Wisemans Ferry Road, Somersby.
House, Lot 4, DP 377437, Collington Road, Spencer.
Woodbury's House, Lot 113, DP 1082966, Wisemans Ferry
Road, Spencer.
Wisemans Ferry Road Well, Wisemans Ferry Road, Spencer.
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Wondabyne Quarry, Wondabyne.
Nine huts at Mullet Creek, Brisbane Water National Park, opposite Wondabyne Railway Station, Wondabyne.
[19] Schedule 2A Heritage Items—former Mount Penang Juvenile Justice Centre
| Omit “Items of environmental heritage” wherever occurring. Insert instead “Heritage items”. |
[20] Schedule 3 Exempt development
Omit “an item of environmental heritage” wherever occurring under the Column heading “Limit” and heading “Heritage” in the matter relating to item 1 (a).
Insert instead “a heritage item”.
[21] Schedule 3, item 2 (g)
Omit “not on land affected by Gosford Local Environmental Plan No 183 or Development Control Plan No 34—Items of Environmental Heritage,” under the Column heading “Limit” and heading “Heritage”.
Insert instead “not on the site of a heritage item or on land affected by”.
[22] Schedule 3, items 2 (n), 4 and 5
Omit “not on properties affected by Gosford Local Environmental Plan No 183 or Development Control Plan No 34—Items of Environmental Heritage,” wherever occurring under the Column heading “Limit” and heading “Heritage”.
Insert instead “not on the site of a heritage item or on land affected by”.
[23] Schedule 3, item 3
Omit “affected by Gosford Local Environmental Plan No 183, Development Control Plan No 34—Items of Environmental Heritage” under the Column heading “Type of development”.
Insert instead “or demolition of a building or structure on land affected by”.
[24] Schedule 3A Exempt development—Festival development site
Omit “items of environmental heritage” wherever occurring under the Column heading “Limit” in the matter relating in items 2a (f), 2b (g) and 6 (a).
Insert instead “heritage items”.
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[25] Schedule 3A, item 2b (j)
| Omit “an Aboriginal place” under the Column heading “Limit”. Insert instead “a place of Aboriginal heritage significance”. |
[26] Schedule 3A, items 3 (c), 4 (d) and 8 (c)
| Omit “an item of environmental heritage” wherever occurring under the Column heading “Limit”. |
Insert instead “a heritage item”.
[27] Schedule 4A Complying development—Festival development site
| Omit “an item of environmental heritage” wherever occurring under the Column heading “Limit” in the matter relating in items 1 (e) and 3 (d). |
| Insert instead “a heritage item”. |
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| Schedule 3 | Amendment of Gosford Local Environmental Plan No 22 |
| Schedule 3 | Amendment of Gosford Local Environmental Plan No 22 |
(Clause 6)
[1] Clause 5 Definitions
Insert in alphabetical order in clause 5 (1):
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
archaeological site means the site (as listed in Schedule 2) of one
or more relics.
cemetery means a building or place for the interment of deceased
persons or pets or their ashes, and includes a funeral chapel or
crematorium.
curtilage, in relation to a heritage item or conservation area,
means the area of land (including land covered by water)
surrounding a heritage item, a heritage conservation area, or
building, work or place within a heritage conservation area,
which contributes to its heritage significance.
demolish, in relation to a heritage item, or a building, work, relic
or tree within a heritage conservation area, means wholly or
partly destroy, dismantle or deface the heritage item or the
building, work, relic or tree.
heritage conservation area means:
| (a) | an area of land that is shown as a heritage conservation area on the Heritage Map (including any heritage items situated on or within that conservation area), or |
| (b) | a place of Aboriginal heritage significance shown on the Heritage Map. |
Note. At the commencement of Gosford Local Environmental Plan No 460 there were no heritage conservation areas on land under Gosford Local Environmental Plan No 22.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
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heritage impact statement means a document consisting of:
| (a) | a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other heritage conservation area, and |
| (b) | an assessment of the impact that proposed development will have on that significance, and |
| (c) | proposals for measures to minimise that impact. |
heritage item means a building, work, archaeological site, tree, place or Aboriginal object specified in an inventory of heritage items that is available at the office of the Council and the site and nature of which is described in Schedule 2.
Heritage Map
Note. There is no Heritage Map for the purposes of this plan.
heritage significance means historical, scientific, cultural,
social, archaeological, architectural, natural or aesthetic value.
local heritage significance, in relation to a place, building, work,
historical archaeological site, tree or precinct, means its heritage
significance to an area.
maintenance, in relation to a heritage item or a building, work,
historical archaeological site, tree or place within a heritage
conservation area, means ongoing protective care. It does not
include the removal or disturbance of existing fabric, alterations,
such as carrying out extensions or additions, or the introduction
of new materials or technology.
place of Aboriginal heritage significance means an area of land
shown on the Heritage Map that is:
| (a) | the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or |
| (b) | a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. |
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relic means any deposit, object or other material evidence of
human habitation:
| (a) | that relates to the settlement of the area of the City of Gosford, not being Aboriginal settlement, and |
| (b) | that is more than 50 years old, and |
| (c) | that is a fixture or is wholly or partly within the ground. |
[2] Part 3 Special Provisions
Insert after Division 2:
|
| 116A | Heritage conservation | |
|
The objectives of this clause are:
| (a) | to conserve the environmental heritage of the area of the City of Gosford, and |
| (b) | to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and |
| (c) | to conserve archaeological sites, and |
| (d) | to conserve places of Aboriginal heritage significance. |
| (2) | Requirement for consent | |||||||||
| Development consent is required for any of the following: | ||||||||||
|
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| (f) | erecting a building on land on which a heritage item is located or that is within a heritage conservation area, |
| (g) | subdividing land on which a heritage item is located or that is within a heritage conservation area. |
| (3) | When consent not required | |
| However, consent under this clause is not required if: | ||
|
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
| (b) | the development is in a cemetery or burial ground and the proposed development: | |||
| ||||
| (c) | 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 | |||
| (d) | the development is exempt development. |
| (4) | Heritage impact assessment |
| The consent authority may, before granting consent to any development on land on which a heritage item is situated or that is within a heritage conservation area, require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. |
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| (5) | Heritage conservation management plans | |||
| The consent authority may require, after considering the 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. | ||||
| (6) | Archaeological sites | |||
| The consent authority must, before granting 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 applies): | ||||
| ||||
| (7) | Places of Aboriginal heritage significance | |||
| The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance: | ||||
| ||||
| (8) | Demolition of item of State significance | |||
| The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 2 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): | ||||
|
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| (9) | 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, even though development for that purpose would otherwise not be allowed by this plan if the consent authority is satisfied that: | ||||||||||
|
[3] Schedule 2
Insert after Schedule 1:
|
(Clauses 5 (1) and 16A)
Heritage items
Remains of house, “Belltrees”, Lot 5, DP 207951, Wisemans Ferry Road,
Somersby.
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