Touma v Randwick City Council [2019] NSWLEC 1395

Touma v Randwick City Council [2019] NSWLEC 1395

The Court dismissed the appeal because, applying the threshold for an Interim Heritage Order, it was a real possibility on the basis of public submissions and expert evidence that further inquiry may support a finding that No.39 Dudley Street is of local heritage significance. The Court was not required to decide that the site was in fact distinctive or heritage-listed, and considered that modesty or similarity to other examples did not itself exclude significance, further information could emerge about associative significance, the property could be found to demonstrate the principal characteristics of an Inter War Californian Bungalow, and the planning proposal process including...

Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Class 1 Appeal Pursuant to S 30(1) of the Heritage Act 1977 Against the Making of an Interim Heritage Order for No.39 Dudley Street, Coogee / Principal Judgment After Hearing
Outcome
The appeal is dismissed.
Legal Topics
['development Appeal' 'interim Heritage Order' 'local Heritage Significance' 'edgecumbe Estate' 'inter War Californian Bungalow' 'planning Proposal to Amend Local Environmental Plan']
['environmental and Planning Law' 'heritage Law'] ['development Appeal' 'interim Heritage Order' 'local Heritage Significance' 'edgecumbe Estate' 'inter War Californian Bungalow' 'planning Proposal to Amend Local Environmental Plan']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 30(1) of the Heritage Act 1977 Against the Making of an Interim Heritage Order for No.39 Dudley Street, Coogee / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Interim Heritage Order for No.39 Dudley Street, Coogee should be revoked.' 'Whether further inquiry or investigation is likely to find the site to be of local heritage significance.' 'Whether the property may satisfy heritage significance criteria including Criterion (a), (b), (c) or (g) in Assessing Heritage Significance.']

Ratio Decidendi

The Court dismissed the appeal because, applying the threshold for an Interim Heritage Order, it was a real possibility on the basis of public submissions and expert evidence that further inquiry may support a finding that No.39 Dudley Street is of local heritage significance. The Court was not required to decide that the site was in fact distinctive or heritage-listed, and considered that modesty or similarity to other examples did not itself exclude significance, further information could emerge about associative significance, the property could be found to demonstrate the principal characteristics of an Inter War Californian Bungalow, and the planning proposal process including...

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The Exhibits are returned, except for Exhibits A, D and 4.']