Heatscape Pty Ltd v Mahoney [2017] NSWCCA 135

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Heatscape Pty Ltd v Mahoney [2017] NSWCCA 135 Hearing dates: 16 November 2016 Date of orders: 16 June 2017 Decision date: 16 June 2017 Before: Gleeson JA; Rothman J; Button J Decision: (1) The questions of law before the Court are answered in the following manner:

(a) Question: Whether, upon its true construction, cl 5.10(2)(a)(iii) of the Gloucester Local Environmental Plan 2010 requires that the heritage significance of the Gloucester Main Street Precinct heritage conservation area be proved or is it sufficient to demonstrate that the subject area is described as a "Heritage Conservation Area" in Sch 5 of the Gloucester Local Environmental Plan 2010?

Answer: Upon its true construction, cl 5.10(2)(a)(iii) of the Gloucester Local Environmental Plan 2010 does not require that the heritage significance of the Gloucester Main Street Precinct heritage conservation area be proved and it is sufficient to demonstrate that the subject area is described as a "Heritage Conservation Area" in Sch 5 of the Gloucester Local Environmental Plan 2010.

(b) Question: Whether, upon its proper construction, the location and nature of the Gloucester Main Street Precinct heritage conservation area was sufficiently described in Sch 5 of the Gloucester Local Environmental Plan 2010 as required by the definition of heritage conservation area?

Answer: Yes; upon its proper construction, Pt 2 of Sch 5 of the Gloucester Local Environmental Plan 2010 sufficiently describes the location and nature of the Gloucester Main Street Precinct as a heritage conservation area.