Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118 Hearing dates: 25, 26, 27 June 2013 Decision date: 05 July 2013 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - Demolition of heritage item Legislation Cited: Environmental Planning and Assessment Act 1979 Strathfield Planning Scheme Ordinance Strathfield Local Environmental Plan 2013 Cases Cited: David Road v Hornsby Shire Council [2008] NSWLEC 1461 Helou v Strathfield Municipal Council (2006) 144 LGERA 322 Category: Principal judgment Parties: Norm Fletcher & Associates Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel Mr I Hemmings (Applicant) Mr P Clay SC (Respondent) Solicitors Hones La Hood (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 10096 of 2013

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of development consent for the demolition of "Camden Lodge", 102 Burlington Street Homebush. 2Camden Lodge is a single storey double brick bungalow with slate tiled roof, built in 1916. The house is located across Lots 14 and 15 DP 400, and the adjoining Lot 13 was formerly a tennis court. The total area of Lots 13, 14 and 15 is 2,787.09 sqm. There is a detached billiards room located at the rear of the house, and a garage towards the south-western corner, and shed. 3Camden Lodge is included as Item 71 in Schedule 9 of the Strathfield Planning Scheme Ordinance (SPSO) as an item of local heritage significance, and development consent is required for its demolition under cl 59A(1) of the SPSO. Clause 59A of the SPSO requires the consent authority to take into consideration "the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting". 4The present state of Camden Lodge is such that it requires substantial work to restore it to a habitable state. The central issue in dispute between the parties is whether the cost of doing the work would impose an unreasonable burden in the circumstances, such that demolition should be approved.