Liu v Sydney City Council [2010] NSWLEC 1329

Liu v Sydney City Council [2010] NSWLEC 1329

The dwelling had no greater significance than that of a contributory item within a heritage conservation area, was not within a conservation area and had no heritage protection. Given the substantial alteration to original fabric, lack of original integrity, water damage, termite damage, need to raise the building to address flooding, and general deteriorated condition, the building did not have sufficient heritage significance to warrant retention, so demolition was appropriate.

Jurisdiction
Australia
Judgment Date
01 December 2010
Procedural Posture
Appeal Against Deemed Refusal of a Development Application for Demolition / Preliminary Determination on Whether Heritage Significance Required Retention of the Building
Outcome
The appeal was upheld and Development Application No. DEV/891.2010/DP14 was approved subject to conditions.
Legal Topics
['development Application' 'demolition of Dwelling Outside Heritage Conservation Area' 'development Control Plan' 'heritage Significance' 'streetscape' 'absence of Replacement Building Plans']
['planning and Environment' 'heritage' 'development Consent'] ['development Application' 'demolition of Dwelling Outside Heritage Conservation Area' 'development Control Plan' 'heritage Significance' 'streetscape' 'absence of Replacement Building Plans']

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Procedural Posture

Appeal Against Deemed Refusal of a Development Application for Demolition / Preliminary Determination on Whether Heritage Significance Required Retention of the Building

Legal Issues

  1. 1 ['Whether the building should be retained due to its heritage significance.' 'The impact of the demolition on the streetscape.' 'Whether consent to demolition should be granted in the absence of an application for a replacement building.' 'For the preliminary determination, whether the heritage significance of the building is such that it should not be demolished.']

Ratio Decidendi

The dwelling had no greater significance than that of a contributory item within a heritage conservation area, was not within a conservation area and had no heritage protection. Given the substantial alteration to original fabric, lack of original integrity, water damage, termite damage, need to raise the building to address flooding, and general deteriorated condition, the building did not have sufficient heritage significance to warrant retention, so demolition was appropriate.

Court Disposition

The appeal was upheld and Development Application No. DEV/891.2010/DP14 was approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. DEV/891.2010/DP14 for the demolition of an existing dwelling house, metal shed and associated site works at No. 9 Burren Street, Erskineville is approved subject to the conditions in Annexure A.' 'The exhibits are returned.']