Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400

Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400

There is further inquiry or investigation to be carried out, and on that basis, the dwelling at 73 The Boulevarde is likely to be found to be of local heritage significance, particularly due to its intact mission craftsman interior, and thus the requirements for the issuance and continuance of the Interim Heritage Order are satisfied. The appeal is accordingly dismissed.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['interim Heritage Orders' 'heritage Listing' 'local Heritage Significance' 'appeals to Land and Environment Court']
['planning and Environmental Law'] ['interim Heritage Orders' 'heritage Listing' 'local Heritage Significance' 'appeals to Land and Environment Court']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Role of the Court on appeal against Interim Heritage Order (IHO)' 'Threshold test for local heritage significance under Heritage Act 1977' 'Whether on further inquiry the item is likely to be found of local heritage significance']

Ratio Decidendi

There is further inquiry or investigation to be carried out, and on that basis, the dwelling at 73 The Boulevarde is likely to be found to be of local heritage significance, particularly due to its intact mission craftsman interior, and thus the requirements for the issuance and continuance of the Interim Heritage Order are satisfied. The appeal is accordingly dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned.']