Helm No. 18 Pty Ltd v North Sydney Council [2022] NSWLEC 1406

Land and Environment Court New South Wales

Medium Neutral Citation: Helm No. 18 Pty Ltd v North Sydney Council [2022] NSWLEC 1406 Hearing dates: 6-7 June 2022 Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Orders of the Court are: (1) The appeal is upheld. (2) The part of the Interim Heritage Order published in the NSW Government Gazette No 103 and dated 11 March 2022 over "The properties known as 131-133 Holt Avenue Cremorne" the land described in schedule B", is revoked. (3) The exhibits are retained. Catchwords: INTERIM HERITAGE ORDER: whether an interim heritage order over two residential properties found not to reach the threshold for local heritage listing, should be revoked. Legislation Cited: Civil Procedure Act 2005, ss 56, 62.3 Heritage Act 1977, ss 4, 4A, 25, 29, 30, Pt 3 Land and Environment Court Act 1979, s 39 North Sydney Local Environmental Plan 2013, Sch 5 Cases Cited: Byron Ventilink Pty Limited v Byron Shire Council (2005) 142 LGERA 215; [2005] NSWLEC 395 Texts Cited: NSW Heritage Office, 'Assessing Heritage Significance' Category: Principal judgment Parties: Helm No.18 Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Galasso (Applicant) A Seton (Solicitor) (Respondent)

Solicitors: Mills Oakley Lawyers Marsdens Law Group (Respondent) File Number(s): 2022/81671 Publication restriction: Nil