Tang v Hornsby Shire Council [2013] NSWLEC 1123

Land and Environment Court New South Wales

Medium Neutral Citation: Tang v Hornsby Shire Council [2013] NSWLEC 1123 Hearing dates: 8 July 2013 Decision date: 09 July 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for the demolition of the existing dwelling house, in ground swimming pool and associated structures and the erection of a two storey dwelling house at 22 Highlands Avenue, Wahroonga, is refused. 3. The exhibits, except Exhibits 1 and B, may be returned. Catchwords: DEVELOPMENT APPLICATION - demolition of a dwelling in a heritage conservation area and construction of a new dwelling. Significance of conservation area and dwelling. Impact of proposal on the heritage significance of the conservation area. Legislation Cited: Environmental Planning and Assessment 1979 Hornsby Draft Local Environmental Plan 2011 Hornsby Local Environmental Plan 1994 Land and Environment Court Act Cases Cited: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Category: Principal judgment Parties: Fenglun Tang (Applicant)

Hornsby Shire Council (Respondent) Representation: Solicitors Mr D Williams of Whitehead Cooper Williams (Applicant)

Mr P Jackson of Pikes & Verekers Lawyers (Respondent) File Number(s): 10307 of 2013

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Hornsby Shire Council (council) of a development application (1359/2012) for the demolition of the existing dwelling house, in ground swimming pool and associated structures and the erection of a two storey dwelling house at 22 Highlands Avenue, Wahroonga (site). 2The key issue in dispute between the parties is whether the proposal will have an adverse impact on the heritage significance of the conservation area.