Hermanto v Randwick City Council [2006] NSWLEC 683

Hermanto v Randwick City Council [2006] NSWLEC 683

The Court found that, while Bradford is a heritage item contributing to the local streetscape, the structural condition is poor and the remedial costs disproportionate to its value. The significance, while notable, was not so high as to warrant retention given cost and loss of fabric. Demolition is justified under cl 43 and cl 46 of the LEP 1998. The impact on nearby heritage items is acceptable. Development is generally compliant with planning controls. The appeal is therefore upheld and the development application is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
18 July 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['development Application' 'heritage Items' 'heritage Significance' 'impact Assessment' 'demolition Consent']
['planning and Environment Law'] ['development Application' 'heritage Items' 'heritage Significance' 'impact Assessment' 'demolition Consent']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether demolition of a heritage item (Bradford) is justified given its significance and structural condition' 'Whether demolition would adversely impact the heritage significance of other heritage items in the vicinity']

Ratio Decidendi

The Court found that, while Bradford is a heritage item contributing to the local streetscape, the structural condition is poor and the remedial costs disproportionate to its value. The significance, while notable, was not so high as to warrant retention given cost and loss of fabric. Demolition is justified under cl 43 and cl 46 of the LEP 1998. The impact on nearby heritage items is acceptable. Development is generally compliant with planning controls. The appeal is therefore upheld and the development application is approved subject to conditions.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' "The development application (70/2004) to demolish the existing buildings and construct a multi-unit housing development at 1 - 3 Villiers Street, Kensington, is approved subject to conditions in Annexure 'A'." 'The exhibits, except Exhibits 1, 6, A and B, may be returned.']