Alexandra Kelly v North Sydney Council [2017] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Alexandra Kelly v North Sydney Council [2017] NSWLEC 1546 Hearing dates: 27 September 2017 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld; (2) Under Section 25 of the Heritage Act 1977, the Court: (i) Makes an Interim Heritage Order to cover the item of environmental heritage specified or described in Schedule "A"; and (ii) Declares that the Interim Heritage Order shall apply to the curtilage or site of such an item, being the land described in Schedule "B". The Interim Heritage Order will lapse upon the occurrence of the earliest of the following: (i) 28 February 2018; or (ii) The coming into effect of an amendment to the LEP which includes the item on the Council's heritage schedule in LEP 2013; or (ii) The coming into effect of a resolution by Council that determines not to include the item on the Council's heritage schedule in LEP 2013.

Schedule "A" The property situated at 24 Cranbrook Avenue, Cremorne NSW 2090 on the land described in Schedule "B". Schedule "B" The parcel of land known as Lot 17 DP 8862 with particular reference to the existing one storey dwelling including its interior and surrounding gardens.

(3) That the respondent cause the inclusion of the amended IHO in the next Government Gazette, and executes the notification requirements detailed in section 28 of the Heritage Act 1977. (4) The exhibits are returned with the exception of Exhibits 2, 3, 4 and A. Catchwords: INTERIM HERITAGE ORDER: parties agree to an amended IHO – whether lawful and appropriate to issue the IHO in the form sought – resident submissions Legislation Cited: Heritage Act 1977 (NSW) Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Byron Ventilink Pty Limited v Byron Shire Council [2005] NSWLEC 395 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited [2010] NSWLEC 48 Texts Cited: Nil Category: Principal judgment Parties: Alexandra Kelly (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Ms J Reid (Applicant)