Metro Donnelly Road Pty Ltd v Willoughby City Council [2024] NSWLEC 1736

Metro Donnelly Road Pty Ltd v Willoughby City Council [2024] NSWLEC 1736

The proposal, through demolition of the school buildings, would have an unacceptable and significant adverse effect on the heritage significance of the heritage item; adaptive reuse options were not convincingly ruled out, and the positive aspects of the proposed development (including parish and limited housing...

Source-derived case information.

Parties
Applicant: Metro Donnelly Road Pty Ltd; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
15 November 2024
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed; Development application refused
Legal Topics
Development Application, Heritage Significance, Demolition of Heritage Items, Development Control Provisions, Adaptive Reuse, Housing Provision
Planning and Environment Law Heritage Law Development Application Heritage Significance Demolition of Heritage Items Development Control Provisions Adaptive Reuse Housing Provision

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Parties

Metro Donnelly Road Pty Ltd

Applicant

Willoughby City Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Effect of the proposed development (particularly demolition of the school buildings) on the heritage significance of a listed local heritage item
  2. 2 Whether the proposed development's positive aspects outweigh its adverse heritage conservation impacts
  3. 3 Compliance with development control provisions related to multi dwelling housing

Ratio Decidendi

The proposal, through demolition of the school buildings, would have an unacceptable and significant adverse effect on the heritage significance of the heritage item; adaptive reuse options were not convincingly ruled out, and the positive aspects of the proposed development (including parish and limited housing benefits) do not outweigh the substantial detrimental heritage impacts. Accordingly, development consent is refused.

Court Disposition

Appeal dismissed; Development application refused

Orders

  • The appeal is dismissed.
  • DA-2021/340, for a mixed use development at 43 Donnelly Road, Naremburn is determined by way of refusal.