Bilios v City of Sydney Council [2010] NSWLEC 1175

Bilios v City of Sydney Council [2010] NSWLEC 1175

The walls were of high significance as original fabric from the Wardell period, but once removed their significance was lost and would not be restored by a copy or facsimile. The rooms and their spatial quality were not identified as significant, so recreation of the spaces was not necessary. The proposed interpretation strategy was an acceptable heritage response, and the modification application was approved.

Jurisdiction
Australia
Judgment Date
20 April 2010
Procedural Posture
Appeal Against Refusal of an Application Under S 96 Aa(1) of the Environmental Planning and Assessment Act 1979 to Amend a Development Consent / Ex Tempore Judgment
Outcome
Appeal upheld; modification application approved.
Legal Topics
['modification of Development Consent' 'retrospective Approval for Removal of Internal Walls' 'heritage Significance' 'reconstruction Versus Interpretation as Mitigation']
['planning and Environment' 'heritage Conservation'] ['modification of Development Consent' 'retrospective Approval for Removal of Internal Walls' 'heritage Significance' 'reconstruction Versus Interpretation as Mitigation']

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Procedural Posture

Appeal Against Refusal of an Application Under S 96 Aa(1) of the Environmental Planning and Assessment Act 1979 to Amend a Development Consent / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether retrospective approval should be granted to remove internal walls at the eastern end of the first floor of The Blacket.' 'Whether the removal of walls of high heritage significance should be mitigated by reconstruction of the rooms or by interpretation of the removed walls and spaces.']

Ratio Decidendi

The walls were of high significance as original fabric from the Wardell period, but once removed their significance was lost and would not be restored by a copy or facsimile. The rooms and their spatial quality were not identified as significant, so recreation of the spaces was not necessary. The proposed interpretation strategy was an acceptable heritage response, and the modification application was approved.

Court Disposition

Appeal upheld; modification application approved.

Orders

  • ['The appeal is upheld.' 'The application under s 96AA(1) of the Environment Planning and Assessment Act 1979 to modify development consent (D/2008/984) for the building known as The Blacket, 365 George Street, Sydney, is approved. The consent is modified as set out in Annexure A.' 'The exhibits, except exhibits 1,...