Brookfield Design Pty Ltd v Hornsby Shire Council and Samuels v Hornsby Shire Council [2014] NSWLEC 1181

Brookfield Design Pty Ltd v Hornsby Shire Council and Samuels v Hornsby Shire Council [2014] NSWLEC 1181

The proposed demolition of the existing dwelling would adversely affect the significance of the Beecroft-Cheltenham Heritage Conservation Area, contravening the objectives of clause 5.10 of the Hornsby Local Environmental Plan 2013 and the prescriptive measures in the Hornsby Shire Development Control Plan 2013. As the dwelling is an identifiable and intact Interwar building, its demolition is not justified.

Jurisdiction
Australia
Judgment Date
04 September 2014
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed, development applications refused
Legal Topics
['development Application' 'heritage Conservation Area' 'demolition' 'infill Dwellings' 'impact on Heritage Significance']
['planning and Environment Law'] ['development Application' 'heritage Conservation Area' 'demolition' 'infill Dwellings' 'impact on Heritage Significance']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether demolition of an existing dwelling would have an unacceptable detrimental impact on the significance of the Heritage Conservation Area' 'Whether the bulk and scale of proposed new dwellings would have a detrimental impact on the significance of the Heritage Conservation Area']

Ratio Decidendi

The proposed demolition of the existing dwelling would adversely affect the significance of the Beecroft-Cheltenham Heritage Conservation Area, contravening the objectives of clause 5.10 of the Hornsby Local Environmental Plan 2013 and the prescriptive measures in the Hornsby Shire Development Control Plan 2013. As the dwelling is an identifiable and intact Interwar building, its demolition is not justified.

Court Disposition

Appeal dismissed, development applications refused

Orders

  • ['Appeal No. 10381 of 2014 is dismissed.' 'Development Application No. 1207/2013 for demolition of the existing dwelling and construction of a new dwelling at 168 Copeland Road, Beecroft is refused.' 'The exhibits are returned.' 'Appeal No. 10382 of 2014 is dismissed.' 'Development Application No. 1208/2013 for...