The Turnbull Group Pty Ltd v Hunters Hill Council [2004] NSWLEC 390

The evidence did not justify demolition and viable alternatives involving retention and sympathetic additions exist; refusal is appropriate to conserve heritage character.

Jurisdiction: Australia
Judgment Date: 25 June 2004
Procedural Posture: Appeal Against Deemed Refusal of Development Application / Judgment
Outcome: appeal dismissed; consent for demolition refused
Legal Topics: ['development Application' 'heritage Conservation' 'demolition Consent']

['planning and Environment'] ['development Application' 'heritage Conservation' 'demolition Consent']

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Judgment

Legal Issues

1 ['Whether consent should be granted for demolition of a cottage within a conservation area' 'Extent of heritage significance and alternatives to demolition']

Ratio Decidendi

The evidence did not justify demolition and viable alternatives involving retention and sympathetic additions exist; refusal is appropriate to conserve heritage character.

Court Disposition

appeal dismissed; consent for demolition refused

Orders

['The appeal is dismissed.' 'The exhibits, other than exhibits B, K and 5, may be returned.']