777 Trading Pty Ltd v City of Ryde Council [2019] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: 777 Trading Pty Ltd v City of Ryde Council [2019] NSWLEC 1619 Hearing dates: 16-17 October 2019; 25 November 2019; Conditions filed on 10 December 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application LDA2018/0340 for demolition of existing structures, consolidation of 3 lots, and subdivision of the consolidated lots into 2 new lots is approved subject to the conditions in Annexure "A". (3) The exhibits are returned except for Exhibits B, G, H and 1. Catchwords: DEVELOPMENT APPLICATION – subdivision involving demolition of proposed heritage item – whether dwelling should be demolished – dispute of heritage significance – Planning Proposal for inclusion of site as a heritage item in LEP – whether Planning Proposal is imminent and certain – economic cost of restoring dwelling and impost to owner as consideration of heritage significance and whether warranting demolition of dwelling – value of landscape component (garden) in contributing to site's heritage value – remnant trees forming part of a Critically Endangered Ecological Community – whether proposed lot configuration acceptable in streetscape – disputed condition of any consent – objections to development Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Heritage Act 1977 Ryde Local Environmental Plan 2014 Cases Cited: Helou v Strathfield Municipal Council (2006) 144 LGERA 322; [2006] NSWLEC 66 Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Assessing Heritage Significance (NSW Heritage Office) 2001 Burra Charter (ICOMOS) 2013 Ryde Development Control Plan 2014 Category: Principal judgment Parties: 777 Trading Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) Dr S Berveling (Respondent)