Heritage Development: A Lawyer's Perspective

This publication is based on a paper presented at the 1999 Royal Australian Planning Institute (NSW) conference by Helen Macfarlane. In her position as Senior Associate with Deacons Graham & James, Ms Macfarlane has had much experience with cases heard in the Land & Environment Court involving heritage issues.

Date
1 April 2000
Publisher
NSW Heritage Office
Type
Heritage publications, Publication, Heritage policy
Status
Final
Cost
Free
Language
English
Tags
  • ISBN 1-87641-5460
  • File PDF 78KB
  • Pages 20
  • Name heritage-and-development-a-lawyers-perspective.pdf

A heritage consultant may be asked to advise on a site that includes a building that is listed on the State Heritage Register or is listed as a heritage item in a local environmental plan. In this case it will be clear that heritage is going be a significant issue. The consultant and the develope should be aware that demolition of a building listed on the State Heritage Register is prohibited (sections 63(2) and 70 of the Heritage Act 1977) and that it is extremely unlikely that the council or the Court would grant development consent for the demolition of a building listed as a heritage item in a local environmental plan.