Perilya Broken Hill Limited v Broken Hill City Council [2011] NSWLEC 1376

Perilya Broken Hill Limited v Broken Hill City Council [2011] NSWLEC 1376

Conditional development consent for demolition of the heritage-listed Zinc Mill is granted as the agreed retention of certain elements constitutes only a minor amendment and does not significantly alter the original application. Heritage significance is preserved through retention of selected structural elements and artefacts, satisfying statutory criteria.

Jurisdiction
Australia
Judgment Date
23 December 2011
Procedural Posture
Appeal / Final Merits Decision
Outcome
Appeal upheld; conditional development consent granted.
Legal Topics
['development Consent' 'demolition of Heritage Item' 'heritage Significance' 'structural Condition' 'application Amendments']
['planning and Environment Law' 'heritage Law'] ['development Consent' 'demolition of Heritage Item' 'heritage Significance' 'structural Condition' 'application Amendments']

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Procedural Posture

Appeal / Final Merits Decision

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition of a heritage listed building' 'Whether retention of certain building elements constitutes a minor amendment or significantly alters the development application' 'Assessment of heritage significance and structural condition for purposes of demolition']

Ratio Decidendi

Conditional development consent for demolition of the heritage-listed Zinc Mill is granted as the agreed retention of certain elements constitutes only a minor amendment and does not significantly alter the original application. Heritage significance is preserved through retention of selected structural elements and artefacts, satisfying statutory criteria.

Court Disposition

Appeal upheld; conditional development consent granted.

Orders

  • ["The applicant is granted leave to rely upon the 'plan of elements to be demolished and retained' dated 4 November 2011." 'The appeal is upheld.' 'Development consent is granted to DA No 11/0052 for demolition of the Zinc Mill at Wentworth Road, Broken Hill (CML 8) subject to the conditions in Annexure A.' 'The...