Nader v Strathfield Council [2015] NSWLEC 1370

Nader v Strathfield Council [2015] NSWLEC 1370

The Court accepted that 'Lyndoch Place' remained of high heritage significance, that sufficient evidence existed to reconstruct its exterior to its pre-2007 appearance, and that the remaining structural elements were sound, stable and suitable for retention. The applicant's cost evidence did not establish a reliable comparative additional financial impost sufficient to outweigh the public heritage benefit. Demolition would be contrary to sub-cll 5.10(1)(a) and (b) of Strathfield Local Environment Plan 2012, so consent was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2014/188 / Final Judgment After Hearing
Outcome
The appeal is dismissed and Development Application No. 2014/188 is refused.
Legal Topics
['development Application' 'demolition of a Heritage Item' 'local Environmental Plan Heritage Objectives' 'cost of Reconstruction of Heritage Item']
['planning and Environment Law' 'heritage Conservation'] ['development Application' 'demolition of a Heritage Item' 'local Environmental Plan Heritage Objectives' 'cost of Reconstruction of Heritage Item']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2014/188 / Final Judgment After Hearing

Legal Issues

  1. 1 ["Whether demolition of the heritage listed dwelling 'Lyndoch Place' should be approved." 'Whether the existing dwelling retained heritage significance despite partial demolition and removal of original fabric.' "Whether reconstruction of the dwelling's façade was feasible and warranted when balanced against heritage significance and reconstruction cost." 'Whether an additional condition requiring consent for a new dwelling before demolition would provide sufficient certainty.']

Ratio Decidendi

The Court accepted that 'Lyndoch Place' remained of high heritage significance, that sufficient evidence existed to reconstruct its exterior to its pre-2007 appearance, and that the remaining structural elements were sound, stable and suitable for retention. The applicant's cost evidence did not establish a reliable comparative additional financial impost sufficient to outweigh the public heritage benefit. Demolition would be contrary to sub-cll 5.10(1)(a) and (b) of Strathfield Local Environment Plan 2012, so consent was refused and the appeal dismissed.

Court Disposition

The appeal is dismissed and Development Application No. 2014/188 is refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 2014/188 for the demolition of an existing dwelling at 2-4 Barker Road, Strathfield, is refused.' 'The exhibits, other than exhibit 2, are returned.']