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PSP19 Nominations for inclusion in or removal from

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                                                                                                                    Planning Scheme Policy
           NOOSA PLANNING SCHEME POLICY 19—
      NOMINATIONS FOR INCLUSION IN OR REMOVAL FROM




                                                                                                                                             commenced 3 February 2006
               SCHEDULE 3 HERITAGE SITES
1.             Introduction

1.1            Noosa Council will receive and consider nominations for inclusion or removal of heritage
               sites1 from Table 3.1 of Schedule 3 of The Noosa Plan.

2.             Criteria for entry in Schedule 3

2.1            A site2 may be entered in Schedule 3 as a heritage site if it satisfies one or more of the
               assessment criteria within the Environmental Protection Agency’s Guidelines for Cultural
               Heritage Management.

A site should not to be precluded from being included in Schedule 3 for reason that a site or sites with
similar characteristics have already been entered in Schedule 3.

3.             Nomination to include a site in Schedule 3

3.1            The Council may on its own initiative or by nomination by a person or body nominate a
               particular site for entry in Schedule 3.

3.2            The Council may require a nominee to provide the following information in support of the
               nomination—

               a)      a brief description and history of the site;

               b)      the specific location on one or more lots by illustration on a map and stating its correct
                       lot on plan description; and

               c)      assessment of the cultural heritage significance of the site, having regard to the
                       assessment criteria within the Environmental Protection Agency’s Guidelines for
                       Cultural Heritage Management.

3.3            The Council may request written advice in relation to the site from any person or body,
               including those with special knowledge of, or interest in cultural heritage, Noosa Shire’s
               cultural heritage, or the site.

3.4            If the Council considers that a site is of cultural heritage significance and satisfies one or
               more of the assessment criteria for entry, it may resolve to propose to enter the site in
               Schedule 3.

3.5            If the Council resolves to propose to enter the site in Schedule 3 and the nominee is not the
               rateable owner, it must give the rateable owner of the site a written notice—

               a)      stating that the Council proposes to enter the site in Schedule 3;

               b)      stating the reasons on which the proposal has been based; and

               c)      explaining the right to lodge a submission in relation to the proposal.

1
    As defined in the Heritage Overlay Code (Part 13 of The Noosa Plan)
2
    For the purposes of this PSP a ‘site’ is referred to as a site, building, item or place




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                            PSP19 Nominations for inclusion in or removal from Schedule 3 Heritage Sites
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Full text of the other 2 sections

Section 2

                                                     3.6   If the Council receives any submissions in relation to the proposal it must consider such
                                                           submissions and make a determination based on the merits of the submission including such
Planning Scheme Policy



                                                           matters as—

                                                           a)    whether the site satisfies any of the assessment criteria within the Environmental
                         commenced 3 February 2006




                                                                 Protection Agency’s Guidelines Cultural Heritage Management having regard to the
                                                                 details of the submission; and

                                                           b)    the relevant provisions of the Heritage Overlay Code.

                                                     3.7   The Council may proceed with a nomination as originally proposed or may accept a modified
                                                           nomination after negotiation with the nominee.

                                                     3.8   If the Council proceeds with the nomination or modified nomination, the Council will initiate
                                                           an amendment to The Noosa Plan in accordance with the requirements of Part 2 of
                                                           Schedule 1 of the Integrated Planning Act 1997, including where appropriate—

                                                           a)    Inclusion of the site in Schedule 3 and on the relevant Heritage Overlay Map;

                                                           b)    Inclusion of a new descriptive category;

                                                           c)    changes to the assessment tables; and

                                                           d)    the inclusion of any overall outcomes, specific outcomes and/or probable solutions, in
                                                                 the Heritage Overlay Code.

                                                     4.    Nomination to remove a site from Schedule 3

                                                     4.1   The Council may on its own initiative or by nomination by a person or body nominate a
                                                           particular heritage site for removal from Schedule 3.

                                                     4.2   The Council may require a nominee to provide the following information in support of the
                                                           nomination—

                                                           a)    details of the specific location, including lot on plan description; and

                                                           b)    demonstrate why the site does not have cultural heritage significance having regard to
                                                                 the assessment criteria within the Environmental Protection Agency’s Guidelines for
                                                                 Cultural Heritage Management.

                                                     4.3   The Council may seek written advice in relation to the site from any person or body,
                                                           including those with special knowledge of, or interest in cultural heritage, Noosa Shire’s
                                                           cultural heritage, or the site.

                                                     4.4   If the Council considers that the site is not of cultural heritage significance and does not
                                                           satisfy one or more of the assessment criteria within the Environmental Protection Agency’s
                                                           Guidelines for Cultural Heritage Management, it may resolve to remove the site from
                                                           Schedule 3.




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                                                                     PSP19 Nominations for inclusion in or removal from Schedule 3 Heritage Sites

Section 3

                                                                                                        Planning Scheme Policy
4.5     A heritage site should not be removed from Schedule 3 for reason that a site or other sites
        with similar characteristics have already been entered in Schedule 3.




                                                                                                                                 commenced 3 February 2006
4.6     If the Council resolves to propose to remove the heritage site from Schedule 3 and the
        nominee is not the rateable owner, it must give the rateable owner of the site a written
        notice—

        a)    stating that the Council proposes to remove the site from Schedule 3;

        b)    stating the reasons on which the proposal has been based; and

        c)    explaining the right to lodge a submission in relation to the proposal.

4.7     If the Council receives any submissions in relation to the proposal it must consider such
        submissions and make a determination based on the merits of the submission, including
        such matters as—

        a)    whether the site satisfies any of the assessment criteria within the Environmental
              Protection Agency’s Guidelines Cultural Heritage Management having regard to the
              details of the submission; and

        b)    the relevant provisions of the Heritage Overlay Code.

4.8     The Council may proceed with a nomination as originally proposed or may accept a modified
        nomination after negotiation with the nominee.

4.9     If the Council proceeds with the nomination or modified nomination, the Council will initiate
        an amendment to The Noosa Plan in accordance with the requirements of Part 2 of
        Schedule 1 of the Integrated Planning Act 1997, including where appropriate—

        a)    the removal of the site from Schedule 3 and the relevant Heritage Overlay Map;

        b)    the inclusion or removal of a new descriptive category;

        c)    changes to the assessment tables; and

        d)    the inclusion or removal of any of the overall outcomes, specific outcomes and or
              probable solutions in Heritage Overlay Code.




POLICY HISTORY

PSP19 adopted by Council on 3 November 2005 and took effect 3 February 2006.




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                  PSP19 Nominations for inclusion in or removal from Schedule 3 Heritage Sites

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