Owen Haviland Pty Ltd v Willoughby City Council [2004] NSWLEC 265

Owen Haviland Pty Ltd v Willoughby City Council [2004] NSWLEC 265

The existing house is a contributory original bungalow within a conservation area and is not incapable of reasonable or economic use; demolition is not justified as the planning controls require retention of such contributory elements unless specific criteria are met, which have not been satisfied in this case.

Parties
Applicant: Owen Haviland Pty Ltd; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
25 May 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Demolition in Conservation Area, Heritage Significance, Planning Controls
Planning Law Heritage Law Development Application Demolition in Conservation Area Heritage Significance Planning Controls

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Parties

Owen Haviland Pty Ltd

Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the demolition of the existing house and the construction of a new house has an acceptable impact on the heritage significance of the conservation area.

Ratio Decidendi

The existing house is a contributory original bungalow within a conservation area and is not incapable of reasonable or economic use; demolition is not justified as the planning controls require retention of such contributory elements unless specific criteria are met, which have not been satisfied in this case.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The development application (DA 2003/810) to demolish the existing house and construct a new house at 13 Horsley Avenue, Willoughby, is refused.