Clarke v Willoughby City Council [2011] NSWLEC 1151

Clarke v Willoughby City Council [2011] NSWLEC 1151

The clause requiring consideration of heritage significance (cl 57(3)) applies to interior features; the interior and built-in furniture contribute to the heritage significance of the house. Their removal would have an adverse impact that is not justified by contemporary living requirements. Therefore, the deletion of the deferred commencement condition should not be approved.

Parties
Applicant: Jennifer Clarke; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
27 May 2011
Procedural Posture
Appeals (class 1) / Judgment on Merits (pending Final Orders)
Outcome
Deletion of deferred commencement condition not approved; orders deferred for possible application to extend lapsing period.
Legal Topics
Section 96 Applications, Section 97 Appeals, Heritage Significance, Modification of Development Consent, Heritage Conservation, Internal Alterations, Deferred Commencement Conditions
Planning and Environment Law Heritage Law Section 96 Applications Section 97 Appeals Heritage Significance Modification of Development Consent Heritage Conservation Internal Alterations +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Jennifer Clarke

Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeals (class 1) / Judgment on Merits (pending Final Orders)

Legal Issues

  1. 1 Whether deletion of deferred commencement condition relating to heritage features is appropriate under s 96 and s 97 of the EPA Act
  2. 2 Whether removal of internal wall and built-in furniture would adversely affect heritage significance as per clause 57(3) of WLEP

Ratio Decidendi

The clause requiring consideration of heritage significance (cl 57(3)) applies to interior features; the interior and built-in furniture contribute to the heritage significance of the house. Their removal would have an adverse impact that is not justified by contemporary living requirements. Therefore, the deletion of the deferred commencement condition should not be approved.

Court Disposition

Deletion of deferred commencement condition not approved; orders deferred for possible application to extend lapsing period.

Orders

  • The parties are to file short minutes of order that reflect the findings in the judgment by 10 June 2011.
  • Liberty to restore on two days notice.