Tang v Newcastle City Council [2024] NSWLEC 1723

Tang v Newcastle City Council [2024] NSWLEC 1723

The site at 14 Sunderland Street, Mayfield does not demonstrate sufficient local heritage significance against any of the relevant criteria in the Heritage Guidelines, taking into account integrity and condition, brief association with Mr Braye, construction methods, and lack of rarity or representativeness at the local level. As such, the Interim Heritage Order is unjustified and should be revoked.

Parties
First Applicant: Zhifang Tang; Second Applicant: Yan Han; Respondent: Newcastle City Council
Jurisdiction
Australia
Judgment Date
08 November 2024
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld
Legal Topics
Interim Heritage Order, Local Heritage Significance, Structural Damage Impact on Heritage Significance, Expert Evidence Reasoning
Planning and Environment Heritage Law Interim Heritage Order Local Heritage Significance Structural Damage Impact on Heritage Significance Expert Evidence Reasoning

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Parties

Zhifang Tang

First Applicant

Yan Han

Second Applicant

Newcastle City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 Whether the site at 14 Sunderland Street, Mayfield possesses sufficient local heritage significance to justify an Interim Heritage Order

Ratio Decidendi

The site at 14 Sunderland Street, Mayfield does not demonstrate sufficient local heritage significance against any of the relevant criteria in the Heritage Guidelines, taking into account integrity and condition, brief association with Mr Braye, construction methods, and lack of rarity or representativeness at the local level. As such, the Interim Heritage Order is unjustified and should be revoked.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • The Interim Heritage Order No. 2024/01 published in the New South Wales Government Gazette No 73 (Local Government) on 1 March 2024 over 14 Sunderland Street, Mayfield (Lots 27A and 27B, Section D DP 977626) is revoked.