Skermanic Pty Limited v Blue Mountains City Council [2024] NSWLEC 1031

Skermanic Pty Limited v Blue Mountains City Council [2024] NSWLEC 1031

The Court held that the development application warranted refusal because the adverse impacts on the heritage significance of 'The Ritz and interiors', particularly through the proposed demolition of internal and external heritage fabric and alterations to principal façades, outweighed the positive heritage benefits, and because the application was inconsistent and uncertain as to actual impacts and proposed works, thus failing to satisfy the burden required by s 4.15 of the Environmental Planning and Assessment Act 1979 and cl 5.10(4) of the LEP 2015.

Parties
Applicant: Skermanic Pty Limited; Respondent: Blue Mountains City Council
Jurisdiction
Australia
Judgment Date
01 February 2024
Procedural Posture
Class 1 Appeal Development Application / Judgment on Merits Appeal Against Refusal of Development Application
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Applications, Heritage Significance Assessment, Demolition and Alterations of Heritage Items, Design Excellence Requirement, Assessment Under S 4.15 Environmental Planning and Assessment Act 1979
Planning and Environment Law Heritage Law Development Applications Heritage Significance Assessment Demolition and Alterations of Heritage Items Design Excellence Requirement Assessment Under S 4.15 Environmental Planning and Assessment Act 1979

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Parties

Skermanic Pty Limited

Applicant

Blue Mountains City Council

Respondent

Procedural Posture

Class 1 Appeal Development Application / Judgment on Merits Appeal Against Refusal of Development Application

Legal Issues

  1. 1 Whether the proposed development would have an adverse and unacceptable impact on the heritage significance of 'The Ritz and interiors'
  2. 2 Whether proposed demolition and alterations are justified under applicable planning controls
  3. 3 Whether the development exhibits design excellence as required by cl 6.19 of Blue Mountains Local Environmental Plan 2015

Ratio Decidendi

The Court held that the development application warranted refusal because the adverse impacts on the heritage significance of 'The Ritz and interiors', particularly through the proposed demolition of internal and external heritage fabric and alterations to principal façades, outweighed the positive heritage benefits, and because the application was inconsistent and uncertain as to actual impacts and proposed works, thus failing to satisfy the burden required by s 4.15 of the Environmental Planning and Assessment Act 1979 and cl 5.10(4) of the LEP 2015.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application X/1436/2021 for demolition, additions and alterations to an existing residential care facility including landscaping, retaining walls, basement car parking and a new substation at the Ritz Nursing Home at 203-233 Leura Mall, Leura (Lot 20 DP 1076123) is refused.