Zabakly v Ryde City Council [2004] NSWLEC 240

Zabakly v Ryde City Council [2004] NSWLEC 240

Development consent for demolition was appropriate because No. 27 Amiens Street was not individually listed, the listed group had local significance only, and the subject house was the least intact of the five houses; its original face brickwork had been irrecoverably lost by rendering and painting and other alterations markedly reduced its contributory value. Any remaining significance lay mainly in its form, siting and scale, which could be considered on a future development application. The risk of a gap in the heritage group was addressed by a condition that demolition not occur unless and until consent was granted for infill development having regard to Pt IX of the Ryde Planning...

Jurisdiction
Australia
Judgment Date
14 May 2004
Procedural Posture
Appeal Against Refusal of a Development Application to Demolish a House and Other Structures / Judgment After Hearing
Outcome
Appeal upheld; development consent granted for demolition subject to conditions.
Legal Topics
['development Application' 'demolition of Heritage Listed Group Item' 'heritage Significance' 'conditions of Development Consent']
['planning and Environment' 'heritage Conservation'] ['development Application' 'demolition of Heritage Listed Group Item' 'heritage Significance' 'conditions of Development Consent']

Case Brief

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Procedural Posture

Appeal Against Refusal of a Development Application to Demolish a House and Other Structures / Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted to demolish the house and other structures at 27 Amiens Street, Gladesville.' 'Whether the proposed demolition would detrimentally affect the heritage significance of the heritage item as a whole and adversely impact upon the group setting as an item.' 'Whether demolition should be conditioned on prior development consent for infill development.']

Ratio Decidendi

Development consent for demolition was appropriate because No. 27 Amiens Street was not individually listed, the listed group had local significance only, and the subject house was the least intact of the five houses; its original face brickwork had been irrecoverably lost by rendering and painting and other alterations markedly reduced its contributory value. Any remaining significance lay mainly in its form, siting and scale, which could be considered on a future development application. The risk of a gap in the heritage group was addressed by a condition that demolition not occur unless and until consent was granted for infill development having regard to Pt IX of the Ryde Planning...

Court Disposition

Appeal upheld; development consent granted for demolition subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted for the demolition of the house and other structures at 27 Amiens Street, Gladesville, subject to the conditions in annexure A. Annexure A is to contain the conditions in exhibit 4 together with the condition: "Demolition of the subject buildings shall not...