Strebora Pty Ltd v Randwick City Council [2017] NSWLEC 1204

Strebora Pty Ltd v Randwick City Council [2017] NSWLEC 1204

The Interim Heritage Order was not validly made because, when it was made, Council relied exclusively on a verbal briefing later captured in a file note, and that material did not identify by reference to the relevant guidelines the basis or criterion on which the property was likely to be found to be of local heritage significance. The Court also preferred the GML Heritage assessment and Mr Staas' evidence, finding that the property did not meet the threshold for local heritage listing under the relevant criteria and that further investigation was not warranted. It was therefore appropriate to revoke the Interim Heritage Order.

Jurisdiction
Australia
Judgment Date
26 April 2017
Procedural Posture
Class 1 Appeal Pursuant to S 30(1) of the Heritage Act 1977 (nsw) Against the Making of an Interim Heritage Order / Principal Judgment After Hearing
Outcome
Appeal upheld; Interim Heritage Order revoked.
Legal Topics
['interim Heritage Order' 'local Heritage Significance' 'validity of Council Decision' 'heritage Assessment' 'revocation of Interim Heritage Order']
['heritage Law' 'environmental and Planning Law' 'land and Environment Court Proceedings'] ['interim Heritage Order' 'local Heritage Significance' 'validity of Council Decision' 'heritage Assessment' 'revocation of Interim Heritage Order']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 30(1) of the Heritage Act 1977 (nsw) Against the Making of an Interim Heritage Order / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Interim Heritage Order was validly made.' 'Whether the heritage significance of the property at 48 Dudley Street, Coogee was sufficient to warrant local heritage listing.' 'Whether the Interim Heritage Order should be revoked or retained.']

Ratio Decidendi

The Interim Heritage Order was not validly made because, when it was made, Council relied exclusively on a verbal briefing later captured in a file note, and that material did not identify by reference to the relevant guidelines the basis or criterion on which the property was likely to be found to be of local heritage significance. The Court also preferred the GML Heritage assessment and Mr Staas' evidence, finding that the property did not meet the threshold for local heritage listing under the relevant criteria and that further investigation was not warranted. It was therefore appropriate to revoke the Interim Heritage Order.

Court Disposition

Appeal upheld; Interim Heritage Order revoked.

Orders

  • ['The appeal is upheld.' 'The Interim Heritage Order on "Hillsea" at 48 Dudley Street, Coogee (Cnr Lot 3 DP545077), dated 8 September 2016 is revoked.' 'The exhibits are returned with the exception of exhibit A, and the Class 1 Application.']