Cooney v North Sydney Council [2025] NSWLEC 1022

Cooney v North Sydney Council [2025] NSWLEC 1022

The Court determined that the existing building is a contributory item that warrants retention due to its style, form, and characteristic built elements, consistent with the surrounding heritage conservation area. Despite its poor structural condition, these features, together with its historic relationship to the area, mean its demolition would have an unacceptable adverse impact. The applicant did not satisfy all cumulative criteria permitting demolition, particularly that the building's contribution does not warrant retention. Restoration and rectification are possible and preferred under established legal and planning principles. Therefore, consent for demolition was refused and the...

Parties
Applicant: James Cooney; Applicant: Samantha Grant; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
21 January 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Demolition of Contributory Building, Heritage Conservation Area, Refusal of Consent, Assessment of Heritage Significance, Structural Adequacy, Consistency of Planning Instruments
Planning and Environment Law Heritage Law Development Application Demolition of Contributory Building Heritage Conservation Area Refusal of Consent Assessment of Heritage Significance Structural Adequacy +1 more

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Parties

James Cooney

Applicant

Samantha Grant

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether demolition of a contributory building in a heritage conservation area should be permitted under the relevant planning instruments
  2. 2 Interpretation and compatibility of NSDCP and NSLEP demolition provisions
  3. 3 Whether the existing building's structural condition and costs of rectification warrant demolition

Ratio Decidendi

The Court determined that the existing building is a contributory item that warrants retention due to its style, form, and characteristic built elements, consistent with the surrounding heritage conservation area. Despite its poor structural condition, these features, together with its historic relationship to the area, mean its demolition would have an unacceptable adverse impact. The applicant did not satisfy all cumulative criteria permitting demolition, particularly that the building's contribution does not warrant retention. Restoration and rectification are possible and preferred under established legal and planning principles. Therefore, consent for demolition was refused and the...

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application DA105/2024 for the demolition of existing structures, tree removal, and construction of a 2 storey dwelling house with an attic room at 27 Shellcove Road, Kurraba Point, is determined by refusal of consent.