Samowill Pty Ltd v Queanbeyan – Palerang Regional Council; Samowill Pty Ltd v Heritage Council of New South Wales [2017] NSWLEC 1550

Land and Environment Court New South Wales

Medium Neutral Citation: Samowill Pty Ltd v Queanbeyan – Palerang Regional Council; Samowill Pty Ltd v Heritage Council of New South Wales [2017] NSWLEC 1550 Hearing dates: 12 and 13 September 2017 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is dismissed; (2) Development application DA.2014.254 for a five lot residential subdivision of Lot 11 in DP 1096463 and Lot 111 in DP 755913 at 199 Wallace Street, Braidwood is determined by way of refusal; and (3) The exhibits are returned with the exception of Exhibits R1, 1, and A. Catchwords: DEVELOPMENT APPEAL: Against refusal of subdivision of land – State Heritage Listed item "Braidwood and its Setting" – whether the subdivision has an adverse impact on the significance of the item – the town boundary – views to the site – finding of adverse impact on heritage significance. Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Cases Cited: Grigorakis v Bayside Council [2016] NSWLEC 1573 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Nil Category: Principal judgment Parties: Samowill Pty Ltd (First Applicant) Stephen John Northcott (Second Applicant)