Li v Willoughby City Council [2018] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Li v Willoughby City Council [2018] NSWLEC 1262 Hearing dates: 23 May 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeals are upheld. 2. The Interim Heritage Order for 9 Centennial Avenue, Willoughby dated 14 February 2018 is amended to apply to the curtilage of the dwelling house, excluding the separate garage structure on the site, pursuant to s 27(a) of the Heritage Act 1977. 3. The emergency order, being Order 2972, made by Willoughby City Council for 9 Centennial Avenue, Chatswood, pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 and dated 16 February 2018, has been sufficiently complied with, pursuant to s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979. 4. The emergency order, being Order 2973, made by Willoughby City Council for 9 Centennial Avenue, Chatswood, pursuant to s 124 of the Local Government Act 1993 and dated 16 February 2018, has been sufficiently complied with, pursuant to s 180(4)(d) of the Local Government Act 1993. 5. The exhibits, other than exhibits 2, 3 and E, are returned. Catchwords: INTERIM HERITAGE ORDER: whether the jurisdiction for the council to have made an Interim Heritage Order was sufficiently engaged; whether on further inquiry and investigation the existing dwelling house on the site is likely to be found to be of local heritage significance. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Local Government Act 1993 Cases Cited: McCudden v Cowra Shire Council [2016] NSWLEC 14 Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd [2015] NSWLEC 40 Project Blue Sky Inc and others v Australian Broadcasting Authority (1998) 194 CLR 355 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 Plaintiff M174/2016 v Minister for Immigration and Border Protection & Anor [2018] HCA 16 Bonim Stanmore Pty Ltd v Marrickville Council [2007] NSWLEC 286 Category: Principal judgment Parties: Wenzhen Li (Applicant) Willoughby City Council (Respondent) Representation: Counsel: Mr A. Galasso SC with Mr D. Robertson barrister (Applicant) Dr J. Smith barrister (Respondent)