The Trustees of the Roman Catholic Church for the Diocese of Broken Bay v Willoughby City Council [2024] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustees of the Roman Catholic Church for the Diocese of Broken Bay v Willoughby City Council [2024] NSWLEC 1010 Hearing dates: 24, 26 October 2023 Date of orders: 17 January 2024 Decision date: 17 January 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is dismissed. (2) The exhibits, other than Exhibit A and 1 are returned. Catchwords: INTERIM HERITAGE ORDER – appeal against an interim heritage order – interim heritage order made by the Council – the conditions of the Ministerial order authorising the Council to make interim heritage orders – whether the item is being or is likely to be harmed – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.34, 8.7 Heritage Act 1977, ss 4, 4A, 25, 29, 30, 57 Land and Environment Court Act 1979, s 39 Willoughby Local Environmental Plan 2012, cl 5.10, Sch 5, Pt 1 Cases Cited: Beaches Capital Ventures Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1504 Byron Ventilink Pty Ltd v Byron Shire Council (2005) 142 LGERA 215; [2005] NSWLEC 395 Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400 Kelly v North Sydney Council [2017] NSWLEC 1546 Newcastle and Hunter Valley Speleological Society Inc v Upper Hunter Shire Council (2010) 210 LGERA 126; [2010] NSWLEC 48 Skermanic Pty Ltd v North Sydney Council [2023] NSWLEC 1396 Zhao v Ku ring gai Council [2022] NSWLEC 1729 Texts Cited: New South Wales Government Gazette, No 90, 12 July 2013 NSW Department of Planning and Environment, Assessing Heritage Significance: Guidelines for assessing places and objects against the Heritage Council of NSW criteria, May 2023 Category: Principal judgment Parties: The Trustees of the Roman Catholic Church for the Diocese of Broken Bay (Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) P Larkin SC with G Tsang (Respondent)