Skermanic Pty Ltd v North Sydney Council [2023] NSWLEC 1396

Skermanic Pty Ltd v North Sydney Council [2023] NSWLEC 1396

The Court preferred Ms Denny's heritage evidence and found that the items were likely, on further inquiry and investigation, to be found to be of local heritage significance, particularly by reference to aesthetic characteristics, potential to yield information about the cultural history of the local area, and demonstrating the principal characteristics of a class of the local area. The Court also found a real chance or possibility of harm because demolition CDC applications had been lodged and withdrawn, fresh applications could be made if the IHOs were revoked, and SEARS for an SSD involving demolition remained on foot. Accordingly IHO 3/22 and IHO 4/22 were properly made and both...

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Class 1 Appeals Under S 30 of the Heritage Act 1977 Against Interim Heritage Orders Made by North Sydney Council / Principal Judgment After Hearing
Outcome
Both appeals dismissed.
Legal Topics
['interim Heritage Orders' 'local Heritage Significance' 'likelihood of Harm' 'complying Development Certificates for Demolition' 'north Sydney Local Environmental Plan 2013']
['environmental and Planning Law' 'heritage Law' 'land and Environment Court Jurisdiction'] ['interim Heritage Orders' 'local Heritage Significance' 'likelihood of Harm' 'complying Development Certificates for Demolition' 'north Sydney Local Environmental Plan 2013']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeals Under S 30 of the Heritage Act 1977 Against Interim Heritage Orders Made by North Sydney Council / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether each item is likely to be found, on further inquiry and investigation, to be of local heritage significance under s 25(2) of the Heritage Act 1977 and Sch 2 of the Ministerial Order 2013.' 'Whether each item is being, or is likely to be, harmed.' 'Whether IHO 3/22 and IHO 4/22 should be upheld or the appeals dismissed.']

Ratio Decidendi

The Court preferred Ms Denny's heritage evidence and found that the items were likely, on further inquiry and investigation, to be found to be of local heritage significance, particularly by reference to aesthetic characteristics, potential to yield information about the cultural history of the local area, and demonstrating the principal characteristics of a class of the local area. The Court also found a real chance or possibility of harm because demolition CDC applications had been lodged and withdrawn, fresh applications could be made if the IHOs were revoked, and SEARS for an SSD involving demolition remained on foot. Accordingly IHO 3/22 and IHO 4/22 were properly made and both...

Court Disposition

Both appeals dismissed.

Orders

  • ['In proceedings No 2022/351880, the appeal is dismissed.' 'In proceedings No 2022/351880, the exhibits are retained.' 'In proceedings No 2022/351906, the appeal is dismissed.' 'In proceedings No 2022/351906, the exhibits are retained.']