Samowill Pty Ltd v Queanbeyan – Palerang Regional Council; Samowill Pty Ltd v Heritage Council of New South Wales [2017] NSWLEC 1550

Samowill Pty Ltd v Queanbeyan – Palerang Regional Council; Samowill Pty Ltd v Heritage Council of New South Wales [2017] NSWLEC 1550

The Court found that the proposed subdivision would have a sufficiently detrimental impact on the heritage significance of 'Braidwood and its Setting', particularly by disrupting the visual cohesiveness and historic context of the Police Paddock, warranting refusal of the development application under s 79C(1)(b) of the Act.

Parties
Applicant: Samowill Pty Ltd; Applicant: Stephen John Northcott; Respondent: Queanbeyan-Palerang Regional Council; Respondent: Heritage Council of New South Wales
Jurisdiction
Australia
Judgment Date
03 October 2017
Procedural Posture
Development Appeal / Final Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Heritage Protection, Local Environmental Plan, Development Control Plan
Planning and Environment Development Application Heritage Protection Local Environmental Plan Development Control Plan

Case Brief

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Parties

Samowill Pty Ltd

Applicant

Stephen John Northcott

Applicant

Queanbeyan-Palerang Regional Council

Respondent

Heritage Council of New South Wales

Respondent

Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed subdivision has an adverse impact on the heritage significance of 'Braidwood and its Setting'
  2. 2 Whether the subdivision is consistent with relevant planning instruments

Ratio Decidendi

The Court found that the proposed subdivision would have a sufficiently detrimental impact on the heritage significance of 'Braidwood and its Setting', particularly by disrupting the visual cohesiveness and historic context of the Police Paddock, warranting refusal of the development application under s 79C(1)(b) of the Act.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application DA.2014.254 for a five lot residential subdivision of Lot 11 in DP 1096463 and Lot 111 in DP 755913 at 199 Wallace Street, Braidwood is determined by way of refusal.