Zhao v Ku-ring-gai Council [2022] NSWLEC 1729

Land and Environment Court New South Wales

Medium Neutral Citation: Zhao v Ku-ring-gai Council [2022] NSWLEC 1729 Hearing dates: 14 October 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 2 and A, are returned. Catchwords: INTERIM HERITAGE ORDER – dwelling house – likely heritage item – local heritage significance – orders Legislation Cited: Ku-ring-gai Planning Scheme Ordinance 1971 Ku-ring-gai Local Environmental Plan 2015, Sch 5 Ku-ring-gai Local Environmental Plan (Local Centres) 2012, cl 1.8, Sch 5 Heritage Act 1977 (NSW), ss 4, 4A, 25, 29, 30 Land and Environment Court Act 1979, ss 17, 39 Cases Cited: Byron Ventilink Pty Limited v Byron Shire Council [2005] NSWLEC 395; 142 LGERA 215 Texts Cited: NSW Government Gazette number 90, 12 July 2013 NSW Government Gazette number 348, 29 July 2022 Category: Principal judgment Parties: Yang Zhao (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: D Robertson (Applicant) A Stafford (Respondent)

Solicitors: Hall and Wilcox (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/236197 Publication restriction: No

JUDGMENT 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 30(1) of the Heritage Act 1977 (Heritage Act) against the making of an interim heritage order (IHO) for "Covington", an existing dwelling at 10 Park Crescent, Pymble (the site) by Ku-ring-gai Council (the Respondent). 2. The IHO was made by the Respondent pursuant to s 25 of the Heritage Act and published in the NSW Government Gazette (Gazette) No 348 on 29 July 2022. 3. The Applicant initially appeals the making of the IHO on the basis the existing dwelling "…is not, and upon further investigation cannot be found to be, of local heritage significance." 4. On the morning of 14 October 2022 and prior to the commencement of the hearing, the Court benefited from a site view where various architectural features of the existing dwelling, its immediate curtilage, broader local setting, and interior design were described to the Court by heritage experts.