Tova Pty Ltd v Parramatta City Council [2004] NSWLEC 282

Land and Environment Court of New South Wales

CITATION : Tova Pty Ltd v Parramatta City Council [2004] NSWLEC 282 APPLICANT Tova Pty Ltd PARTIES : RESPONDENT Parramatta City Council FILE NUMBER(S) : 11545 of 2003 CORAM: Bly C KEY ISSUES: Development Application :- Demolition of heritage listed cottage LEGISLATION CITED: Environmental Planning and Assessment Act; s 97 CASES CITED: DATES OF HEARING: 26/03/2004 and 14/05/2004 DATE OF JUDGMENT: 06/09/2004

APPLICANT Mr M Campbell, barrister SOLICITORS Matthews Folbigg Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr J Johnson, barrister SOLICITORS Storey & Gough

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11545 of 2003 Bly C 9 June 2004 Tova Pty Ltd Applicant

v Parramatta City Council Respondent Judgment Introduction

1 . This appeal relates to a development application for the demolition of an existing heritage item comprising a cottage prominently sited in the centre of the large site being 328 Woodville Road, Guildford. The building has recently been damaged by fire and vandalism. Statutory provisions 2 . The whole of the site, being the cottage and its grounds, is a listed heritage item under the provisions of Parramatta Local Environmental Plan 1996 (Heritage and Conservation) ("the heritage LEP") and development consent is required for demolition. The site is also subject to council's Development Control Plan - Heritage ("the DCP") . The issues