Denoc Holdings Pty Ltd v Orange City Council [2017] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Denoc Holdings Pty Ltd v Orange City Council [2017] NSWLEC 1271 Hearing dates: 9 – 10 May 2017 Date of orders: 10 July 2017 Decision date: 01 June 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: Orders at [102] Catchwords: DEVELOPMENT APPEAL: impact of additions on heritage significance of the item and the heritage conservation area – appropriateness of impacts on heritage fabric – adaptive reuse as a hotel – impacts of use on adjoining residential properties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Marinkovic v Rockdale City Council [2007] NSWLEC 71 Texts Cited: Guidelines for Infill Development in an Historic Environment, NSW Heritage Office Category: Principal judgment Parties: Denoc Holdings Pty Ltd (Applicant) Orange City Council (Respondent) Representation: Counsel: Mr C McEwan SC

Solicitors: Mills Oakley (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2016/ 00183468 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal was lodged against the refusal by Orange City Council of development application 329/2015(1). The application sought consent for the use and development of the heritage item known as Yallungah Mansion as hotel or motel accommodation. In addition to the use, the application seeks consent for partial demolition, structural changes to the interior of the existing building, demolition of outbuildings and removal of trees. 2. The hotel proposes to utilise the existing Yallungah Mansion and incorporate a modern two-storey extension that adjoins the existing building at the rear of the subject site. 3. In hearing the appeal the role of the Court (cl 39 of the Land and Environment Court Act 1979 (LEC Act)) is to assess and determine the development application based on the evidence in the proceedings and the amended plans. The amended plans have resulted in the following main changes to the proposal: A reduction in 1. the number of proposed rooms from 28 to 22; 2. the length of the proposed extension; 3. the extent of glazing to the eastern elevation; 4. the car parking provided; and 5. the total floor area. 6. Other changes include an amendment to the roof pitch, changes to the external finishes to be complementary to the existing building and deletion of the through driveway from Hills Street. 1. The issues for the Court to determine are: 1. Whether the impact of the proposed development on the heritage significance of Yallungah mansion is acceptable; 2. Whether the impact of the proposed development on the heritage significance of the adjoining heritage items, and the Central Orange heritage conservation area, is acceptable; and 3. Whether the application has a detrimental impact on the amenity and privacy of adjoining properties.