Leighton Properties Pty Limited v Parramatta City Council [2006] NSWLEC 259

Leighton Properties Pty Limited v Parramatta City Council [2006] NSWLEC 259

The appeal was upheld because the Court accepted the overwhelming heritage evidence, particularly the Court-appointed heritage expert's analysis, that the remnant facades no longer attracted sufficient significance to warrant retention, could not successfully demonstrate the original significance of Exeter Manor in the streetscape, and that a well designed interpretation program would better commemorate the building's significance while allowing an appropriate commercial and urban design outcome under the REP.

Jurisdiction
Australia
Judgment Date
02 February 2006
Procedural Posture
Development Application Appeal / Appeal From Parramatta City Council's Refusal of Development Application No. 688/05
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Consent' 'demolition of Heritage Building Facades' 'commercial Building Development' 'urban Design' 'sydney Regional Environmental Plan No. 28']
['planning and Environment Law' 'heritage Conservation'] ['development Consent' 'demolition of Heritage Building Facades' 'commercial Building Development' 'urban Design' 'sydney Regional Environmental Plan No. 28']

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Procedural Posture

Development Application Appeal / Appeal From Parramatta City Council's Refusal of Development Application No. 688/05

Legal Issues

  1. 1 ['Whether development consent should be granted for an eight storey commercial building on the site.' 'Whether the remaining facades of Exeter Manor should be retained or demolished.' 'Whether the proposal complies with the heritage objectives and urban design requirements of part 9 of Sydney Regional Environmental Plan No. 28.']

Ratio Decidendi

The appeal was upheld because the Court accepted the overwhelming heritage evidence, particularly the Court-appointed heritage expert's analysis, that the remnant facades no longer attracted sufficient significance to warrant retention, could not successfully demonstrate the original significance of Exeter Manor in the streetscape, and that a well designed interpretation program would better commemorate the building's significance while allowing an appropriate commercial and urban design outcome under the REP.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application number 688/05 for the erection of an eight storey commercial building at No. 76-78 Macquarie Street and No. 25 Smith Street, Parramatta is determined by the granting of development consent subject to the conditions in Exhibit 2.']