Heritage cases

Cases considering the impact of a development on the heritage significance of an item or place

Demolition of heritage item

Bowen v Woollahra Council [2008] NSWLEC 1320 (development application for demolition of local heritage item - whether or not building has local heritage significance)

Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56 (sentencing for demolition of ceiling of heritage-listed building without consent)

Nader v Strathfield Council [2015] NSWLEC 1370 (demolition of a heritage item; reasonableness of reconstruction of original façade)

Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council[2013] NSWLEC 1118 (demolition of a heritage item)

Regent Street Constructions Pty Limited v Ku-ring-gai Council[2006] NSWLEC 743 (development application to demolish locally listed heritage buildings – impact on heritage significance)

Sandoval Investments v North Sydney Council [2006] NSWLEC 721 (development application to demolish residential flat building and construct new building – whether proposed building adversely impacts on the significance of nearby heritage items)

Tova Pty Ltd v Parramatta City Council [2004] NSWLEC 282 (development application for demolition of listed heritage item – structural adequacy of item - heritage significance of item)

Williams v Ku-ring-gai Municipal Council [2008] NSWLEC 1354 (heritage listed dwelling – whether heritage item should be demolished)

Development of heritage item

APT Peddle Thorp & Walker Pty Ltd v Sydney City Council [1997] NSWLEC 186 (proposed redevelopment and adaptive reuse of a significant heritage building - impact of proposal on heritage significance)

Attard v Ku-ring-gai Council [2008] NSWLEC 87 (development application for detached dual occupancy development – local heritage item - impact of proposal on existing heritage item and nearby heritage items)

Attard v Ku-ring-gai Council [2009] NSWLEC 1070 (development application for various additions/alterations to heritage item – impact of development)

Baker Kavanagh Architects Pty Ltd v Waverley Council [2005] NSWLEC 167 (development application for conversion of church building into two dwellings – impact on heritage item and conservation area)

Caffrey M and Anor v Waverley Council [2007] NSWLEC 616 (development application for alterations and additions to a heritage item – impact of the proposal on the heritage item and heritage items in the vicinity)

Coorey v Municipality of Hunters Hill [2013] NSWLEC 1187 (alterations and additions to a heritage item, new Planning Principle for determining if a development application should be described as being for additions and alterations rather than a new development)

Davies v Campbelltown City Council [2008] NSWLEC 1381 (development application for construction of childcare centre – impact of proposal on heritage significance of the item)

Joyce v Kuringai Council [2002] NSWLEC 46 (development application to redevelop heritage item and develop in vicinity of heritage item – housing development for older people or people with disability – impact of development)

Little Bay South Pty Limited v Randwick City Council [2010] NSWLEC 1292 (development application for adaptive re-use of former hospital buildings for residential use – former hospital listed on the State Heritage Register - impact on heritage significance of buildings and their setting – adequacy of on-site parking)

Lucas v Waverley Council [2009] NSWLEC 1390 (development application for garage and landscaping – whether works would impact unreasonably on a heritage item, the amenity of the locality, the streetscape and the public interest)

Rosecorp Pty Ltd v Leichhardt Municipal Council & Anor [1999] NSWLEC 114 (development application for adaptive reuse of heritage listed boatshed – impact of development on heritage item, streetscape and views from neighbouring properties) 

Sandra Rowell v Council of the City of Sydney [2015] NSWLEC 1246 (alterations and additions to a heritage item; impact on heritage significance of heritage item and heritage conservation area)

Soliman v Parramatta City Council [2009] NSWLEC 1163 (development application to refurbish existing heritage cottages and construct two new dwellings – impact on heritage significance, curtilage and streetscape)

Southern Cross Group v City of Sydney [2006] NSWLEC 10 (refurbishment of existing heritage listed house – whether unacceptable amenity impact – whether unacceptable heritage impact – whether unacceptable impact when viewed from Sydney Harbour)

Identification of the heritage curtilage of heritage item

Davies v Campbelltown City Council [2008] NSWLEC 1381  (development application to construct childcare centre - impact of proposal on heritage significance of item)

Flower & Samios Pty Ltd v Mosman Municipal Council [1993] NSWLEC 92 (development application to redevelop church land – church an item of heritage significance – impact of proposal)

Murlan Consulting Pty Limited v Ku-ring-gai Council and John Williams Neighbourhood Group Inc [2007] NSWLEC 374 (development application to partially restore existing heritage item and construct other buildings in vicinity – heritage impact) (decision set aside on other grounds – [2010] NSWLEC 95)

Stanton Dahl v Penrith City Council [2009] NSWLEC 1204 (development application to demolish church hall and rectory and construct new school – impact on heritage significance of church subject to permanent conservation order)

The Benevolent Society v Waverley Council [2010] NSWLEC 1082 (development application for the redevelopment of a site containing a house and garden listed on the State Heritage Register - demolition of contemporary additions to heritage item and addition of new wing – demolition of existing buildings and construction of three new buildings – whether the proposed new buildings produce unacceptable impacts on streetscape presentation and heritage significance of the heritage item – whether the proposed works involve unacceptable loss of trees – whether height of proposed building works are unacceptable – vehicle impacts on a fig tree on the site)

Subdivision of a property identified as a heritage item and development of the sub-divided allotments

Australand Industrial No 18 Pty Ltd v Auburn Council [2004] NSWLEC 105 (development application for planned redevelopment of heritage listed hospital site for residential and educational purposes - whether heritage precinct suitable for educational use – whether proposal will integrate heritage conservation and new residential development in accordance with zoning of the site)

Baynie v Ku-ring-gai C [2006] NSWLEC 15 (development application for subdivision in vicinity of heritage item – impact of proposal on heritage significance of item)

G K Morgan Pty Ltd v Lane Cove Council [2006] NSWLEC 304 (development application for partial demolition, alteration and addition to existing building; subdivision and construction of new building – whether acceptable impact on item of heritage significance)

Lend Lease Development Pty Ltd v Manly Council [1996] NSWLEC 268; (1997) 92 LGERA 420 (development application for residential subdivision, residential development and landscaping – seminary and other heritage items – impact on visual amenity – development consents granted for parts of development and refused for others)

Mirvac Homes (NSW) Pty Ltd v Parramatta City Council [1999] NSWLEC 38 (4 development applications for demolition, subdivision and construction of dwellings on large heritage listed site – site of state, regional and local heritage significance – impact of development)

Taylor and Anor v Ku-ring-gai Council [2007] NSWLEC 423 (development application for subdivision of land containing listed heritage item – impact on heritage significance)

Development in vicinity of heritage item

Australand Holdings Pty Ltd v Sydney City Council [2003] NSWLEC 314; (2003) 131 LGERA 255 (development application to demolish existing building and construct new mixed use building – impact on heritage building – impact on views of heritage building)

City West Housing Pty Ltd v Sydney CC [1999] NSWLEC 246; (1999) 110 LGERA 262; (development application to redevelop land next to heritage building – whether consistent with relevant environmental planning instruments – scale relationship with neighbouring development)

Comino v Council of the City of Sydney [2014] NSWLEC 1211 (alterations and additions to a commercial building, impact on heritage significance of adjoining heritage item and the Special Character Area; heritage planning principle no longer to be applied)

Lambros v Randwick City Council [2014] NSWLEC 1190 (alterations and additions to a dwelling, impact on the heritage significance of a sandstone retaining wall in the road reserve, identified as a heritage item)

Manderrah Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1196 (seniors living development, impact on significance of heritage items in the vicinity, impact on HCA)

Meriton Properties Management Pty Ltd V Sydney City Council[2004] NSWLEC 313; (2004) 140 LGERA 144 (staged residential development – impact on heritage – floor space ratio – whether building design envelope will affect heritage item)

Michael Hesse Associates Pty Ltd v Parramatta City Council [2003] NSWLEC 313, (2003) 131 LGERA 390 (development application for adaptive re-use of site situated within nationally significant heritage precinct – impact of proposal on heritage significance of area)

Mirvac Projects Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 162 (development application to demolish heritage building – heritage significance and impact)

Appeal against the making of an interim heritage order

El-Hage Construction Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1470(appeal against the making of an interim heritage order)

Demolition of a dwelling or structure not identified as a heritage item; where the potential heritage significance of the item is a contention

Byron Ventilink Pty Limited v Byron Shire Council [2005] NSWLEC 395; (2005) 142 LGERA 215 (appeal against Interim Heritage Order – whether building likely to be found on further inquiry to be of local heritage significance – whether Interim Heritage Order confined to item under threat)

Leichhardt Council v Geitonia Pty Ltd (No 6) [2015] NSWLEC 51(prosecution for demolition of southern façade of a building in contravention of development consent where the façade was of heritage significance) upheld on appeal [2016] NSWCCA 186 

Leichhardt Council v Geitonia Pty Ltd (No 7) [2015] NSWLEC 79 (sentencing for demolition of southern façade of a building in contravention of development consent where the façade was of heritage significance) 

Meldeep No 5 Pty Ltd v Manly Council [2006] NSWLEC 472 (development application to demolish two existing buildings and construct a residential flat building – heritage item in draft LEP – whether acceptable impact on heritage item)

Rahmani v Ku-ring-gai Council [2004] NSWLEC 595 (development application to demolish existing building and construct dual-occupancy development - whether the existing dwelling house has such heritage significance that it ought not to be demolished)

Toon v Ku-ring-gai Council [2004] NSWLEC 173 (development application for demolition of existing building and construction of seniors living building – site subject to draft heritage LEP – whether provisions of LEP are a relevant consideration in the assessment of the development application – whether existing dwelling should be demolished because of its heritage significance)

Demolition of a contributory item

Bennett v Mosman Council [2014] NSWLEC 1091 (demolition of a dwelling identified as contributory to a HCA)

Bourke v North Sydney Council [2014] NSWLEC 1035 (development application - demolition of a contributory item and construction of a new seniors living development - whether demolition would retain conservation area - whether scale and character of the seniors living development would complement and harmonise with the conservation area - whether a vehicle passing bay was required - proposal to demolish would not retain heritage conservation area - scale and character of the seniors living development would not complement and harmonise with the conservation area - unnecessary to consider whether vehicle passing bay required)

Diamond Killara Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1079 (demolition of dwellings within a heritage conservation area; impact of the proposal on the significance of the heritage conservation area)

Gelder Architecture v Ku-ring-gai Council [2010] NSWLEC 1184 (development application for the demolition of three dwelling houses and associated outbuildings and construction of a residential flat building above a two level basement car park on a site adjoining two Heritage Conservation Areas (HCA) –impact of the proposal on the heritage significance of the HCA – weight to be given to the applicable Local Environmental Plan)

Harbour Port Constructions Pty Ltd v Woollahra Municipal Council[2004] NSWLEC 283 (development application to demolish contributory item in heritage conservation area – erection of replacement dwelling – impact of proposal on heritage significance)

Helou v Strathfield Municipal Council [2006] NSWLEC 66; (2006) 144 LGERA 322 (development application to demolish contributory item in heritage conservation area – whether demolition should be allowed – relevant principles)

In and Out Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 299 (development application to demolish an existing dwelling and construct a two-storey dwelling within a Heritage Conservation Area (HCA) – impact of demolition and infill development on the heritage significance of the HCA – impact on residential amenity)

Mersonn Pty Ltd v Woollahra Council [2008] NSWLEC 1475 (development application to demolish an existing residential flat building identified as a contributory item within a Heritage Conservation Area (HCA) and construct a new residential flat building – whether existing contributory item should be retained – whether cost of works required to retain existing building unreasonable given its heritage significance)

Owen Havilland Pty Ltd v Willoughby City Council [2004] NSWLEC 265 (development application to demolish existing house and construct new house – site within heritage conservation area – whether acceptable impact on heritage significance of conservation area)

Urbanesque Planning Pty Ltd v Singleton Shire Council [2010] NSWLEC 1047 (development application to demolish existing building and construct bottle shop with drive through in a Heritage Conservation Area and in the vicinity of heritage items – impact on heritage significance of HCA and heritage items – traffic, social, environmental and noise impacts)

Alterations and additions to a property within a heritage conservation area

Baker Kavanagh Architects Pty Ltd v Waverley Council [2005] NSWLEC 167 (development application for conversion of church building into two dwellings – impact on heritage item and conservation area 

Barkl v Ku-ring-gai Council [2015] NSWLEC 1076 (alterations and additions to a dwelling identified as contributory to a heritage conservation area; impact on heritage significance of heritage conservation area)

Barras v North Sydney Council [2009] NSWLEC 1230 (development application for construction of garage – impact on heritage significance of conservation area)

Benson McCormack Pty Ltd v Leichhardt Municipal Council [2012] NSWLEC 1062 (development application for alterations and additions to an existing dwelling – whether the proposed addition would adversely impact on heritage items in the vicinity of the site – impact of the proposal on the residential amenity of adjoining and nearby properties - heritage/residential character)

Blackmore Design Group Pty Ltd v Manly Council [2013] NSWLEC 1220 (demolition of two buildings in a HCA, no weight given to the statement of significance for the HCA as it was redrafted with the intention of defeating the proposal)

Brookfield Design Pty Ltd v Hornsby Shire Council and Samuels v Hornsby Shire Council [2014] NSWLEC 1181 (demolition of an existing dwelling, impact of demolition on the significance of Heritage Conservation Area, impact of replacement infill dwelling on the significance of the heritage conservation area)

Buttery v Woollahra Council [2014] NSWLEC 1219 (development application for alterations and additions to an existing dwelling identified as contributory to a heritage conservation area; off-street parking in the front setback)

Comino v Council of the City of Sydney [2014] NSWLEC 1211 (alterations and additions to an existing commercial building; impact on heritage significance of heritage items in the vicinity of the site and the Pitt Street Mall Special Character Area; review of planning principles by Commissioners; Commissioners consider that the planning principle in Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 should no longer be applied)

Daniell v Woollahra Municipal Council [2007] NSWLEC 53 (development application to provide off street parking – site within conservation area – impact of proposal)

Dove & Lee Investments Pty Ltd v Woollahra Municipal Council[2013] NSWLEC 1184 (demolition of a cottage in a HCA, condition of the cottage and cost of necessary work, impact of the proposal on the heritage significance of the HCA)

Emag Apartments Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1082 (mixed use development, height, bulk and scale, impact on heritage significance of HCA)

Engelen Moore P/L v Woollahra Municipal Council [2005] NSWLEC 491 (development application for alterations and additions to an existing building identified as a contributory item within a Heritage Conservation Area (HCA) – impact of the proposed development on the heritage significance of HCA)

Gialouris v Woollahra [2010] NSWLEC 1234 (development application for construction of driveway – heritage impact)
New development within a heritage conservation area

Gordon Highlands Pty Ltd v Byron Shire Council [2014] NSWLEC 1208 (development application for demolition of an existing building within a heritage conservation area; impact of the proposed new building on the heritage significance and character of the heritage conservation area)

MacKenzie Architects Pty Ltd v Willoughby Council [2010] NSWLEC 1280 (development application for construction of multi-level dwelling house, driveway and swimming pool within a Heritage Conservation Area (HCA) – impact of the development on the heritage significance of the HCA – whether compliance with height control is unreasonable and unnecessary – size, bulk and scale of proposed dwelling)

Pockley v City of Sydney Council [2013] NSWLEC 1100 (alterations and additions, impact on significance of HCA, solar access)

Pomering v Council of the City of Sydney [2008] NSWLEC 1454 (proposed apartments, impact on significance of streetscape and HCA)

Sandoval Investments v North Sydney Council [2006] NSWLEC 721 (development application for demolition of an existing residential flat building and construction of a new residential flat building within a Heritage Conservation Area (HCA) and within the vicinity of heritage items - whether the existing building should be demolished - whether the proposed building would adversely impact on the significance of heritage items in the vicinity - whether the proposed building would adversely impact on the heritage significance of the HCA - height, building height plane and landscaped area requirements - new building design - amenity impacts) 

SJB Interiors v Council of the City of Sydney [2015] NSWLEC 1139 (alterations and additions to an existing warehouse; impact on the significance of the heritage conservation area and heritage items in the vicinity)

Tang v Hornsby Shire Council [2013] NSWLEC 1123 (demolition of a dwelling, impact on significance of HCA

Totem Queens Park v Waverley Council [2004] NSWLEC 712 (development application for demolition of existing dwelling and construction of two attached dwellings located within a residential character study area (identified by the Development Control Plan) – whether the contemporary style of the proposal is inappropriate within the residential character study area) 

Yassine Holdings Pty Ltd v Burwood Council (No. 2) [2015] NSWLEC 1188 (construction of a residential flat building; impact on the significance of a heritage conservation area)

Development impacting on Indigenous cultural heritage

Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure & Anor; Australian Walkabout Wildlife Park Pty Limited (ACN 115 219 791) as Trustee for the Gerald and Catherine Barnard Family Trust v Minister for Planning and Infrastructure & Anor [2015] NSWLEC 1465 (Objector appeal to project approval of an extension to the Calga sand quarry; Indigenous cultural significance issues including the isolation of a 'Women's Site' and engravings located on the rock platform near the entrance to the quarry'')

Cases considering the value of land with a heritage item or place

Commonwealth Custodial Services Ltd v Valuer General [2006] NSWLEC 775 affirmed on appeal in [2007] NSWCA 365; (2007) 156 LGERA 186 (appeal against Valuer-General’s assessment of unimproved land value – heritage restricted land under EPI - s 14G of Valuation of Land Act 1916)

Commonwealth Custodial Services Ltd v Valuer General [2008] NSWLEC 310 affirmed on appeal [2009] NSWCA 143; (2009) 74 NSWLR 700 (appeal against Valuer-General’s assessment of unimproved land value – heritage restricted land under EPI – s 14G of Valuation of Land Act 1916)

Haddad and ors v Minister for Planning and Environment (Stein J 27 July 1987) (1987) 62 LGRA 177 overturned on appeal NSWCA (1988) 67 LGRA 438 (compulsory acquisition of agricultural land – land in vicinity of heritage building – interim conservation order placed on land without knowledge of owners – land partly developed for domestic and agricultural land – whether level of compensation appropriate)

Krisgay Pty Ltd v Valuer-General [2007] NSWLEC 600; (2007) 159 LGERA 29 (appeal to LEC under Valuation of Land Act 1916 – meaning of ‘heritage value’ under Heritage Act 1977)

Longreach Capital Pty Ltd v Valuer-General [2007] NSWLEC 721 (Valuation of land – heritage valuation – whether cost of restoring of building required to be factored into heritage value)

Oriental Bar Pty Limited v Valuer-General [2015] NSWLEC 59 overturned on appeal on separate question of law [2016] NSWCA 48 (appeal against Valuer-General's determination of land values – valuation of heritage restricted land – s 14G of Valuation of Land Act 1916)

Valuer-General of New South Wales v Oriental Bar Pty Ltd [2016] NSWCA 48 (appeal against LEC decision by Valuer-General and cross-appeal by Objectors – valuation of heritage restricted land - s 14G of Valuation of Land Act 1916)

Tattersall v Valuer - General [2003] NSWLEC 238; (2003) 132 LGERA 36 (question of law – lot forming curtilage of dwelling on adjoining lot - dwelling heritage restricted – whether lot in curtilage of dwelling ‘heritage restricted’ for purposes of s 14G of Valuation of Land Act 1916)

Prosecution/civil enforcement proceedings relating to the destruction of a heritage item, Aboriginal object or place

Prosecution or civil enforcement under the Heritage Act 1977

Caralis and Ors v Smyth (1988) 65 LGRA 303 (NSWCA – affirming Smyth v Caralis Cripps J, 31 August 1987, NSWLEC, unreported) (demolition of building subject to heritage order – whether defendants had knowledge of heritage order – failure to inquire)

Corkhill v Hope and Ors (1991) 74 LGRA 33 (application to review a decision refusing to issue a stop work order under s 136 of the Heritage Act – stop work order sought in relation to logging operations in State forest)

Smyth v Leo Tsekos [1988] NSWLEC 31 (demolition of building subject to heritage order – guilty plea – sentence)

Prosecutions under National Parks and Wildlife Act 1974

Chief Executive, Office of Environment and Heritage v Clarence Valley Council [2018] NSWLEC 205 (prosecution for knowingly harming an Aboriginal object - guilty plea - sentencing considerations)

Director of National Parks and Wildlife Service v Histollo Pty Ltd[1995] NSWLEC 132; (1995) 88 LGERA 214 (prosecution for knowingly causing or permitting damage to Aboriginal relics – not guilty plea - conviction) quashed on appeal in NSWCCA – Spigelman CJ, Sperling and James JJ, 10 December 1998); (1998) 103 LGERA 355

Director National Parks and Wildlife Service v Histollo Pty Ltd[1995] NSWLEC 240; (1995) 89 LGERA 116 (prosecution for knowingly causing or permitting damage to Aboriginal relics – sentence)

Garrett v Williams [2007] NSWLEC 96; (2007) 151 LGERA 92 (prosecution for destruction of Aboriginal object and Aboriginal place – guilty plea – sentencing considerations)

Civil enforcement under National Parks and Wildlife Act 1974

Henry and Ors v Shellharbour City Council and Ors [2005] NSWLEC 600 (development consent – condition requiring National Parks & Wildlife Service to be notified upon the discovery of Aboriginal relics – whether condition complied with - whether alleged disturbance of artefacts constitutes a breach of ss 86 and/or 90 of the Act)

Wadi Wadi Coomaditchi Aboriginal Corp v Stockland (Constructors) Pty Ltd [2002] NSWLEC 105 (consent to carry out destruction of Aboriginal relics - application for injunctive relief – alleged breach of the Act – proper construction of consent)

Williams v Barrick Australia Ltd [2003] NSWLEC 218; (2003) 128 LGERA 80 (permit to discover and collect Aboriginal artefacts and undertake exploratory activities – application for injunctive relief – alleged breaches of the Act – whether damage caused to Aboriginal objects – whether breaches of conditions of permit)

Williams v Graham [2016] NSWLEC 151 (alleged breach of the Act - whether harm to Aboriginal objects threatened - Aboriginal stone artefacts - whether on the land to be quarried - threatened breach not established)

Prosecution under the Environmental Planning and Assessment Act 1979

Carlino v Leichhardt Municipal Council [2005] NSWLEC 198; (2005) 144 LGERA 235 (appeal of sentence for demolition of stone wall of significance to heritage-listed items in contravention of development consent)"

Council of the City of Sydney v Adams [2015] NSWLEC 206(sentencing for demolition and alterations of exceptional interiors and timber joinery of highly significant heritage-listed building without consent)

Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56 (sentencing for demolition of ceiling of heritage-listed building without consent)

Cowra Shire Council v Fuller [2015] NSWLEC 13 (sentencing for unlawful planned demolition – potential heritage significance of building)

Leichhardt Council v Geitonia Pty Ltd (No 7) [2015] NSWLEC 79 (sentencing for demolition of southern façade of a building in contravention of development consent where the façade was of heritage significance)

Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170 

Mosman Municipal Council v Menai Excavations Pty Ltd [2002] NSWLEC 132; 122 LGERA 89 (sentencing for demolition of heritage-listed building without consent)"

Judicial review of consents or approvals or a question of law on an appeal under the Heritage Act 1977 or Environmental Planning and Assessment Act 1979

Judicial Review

Byron Ventilink Pty Ltd v Byron Shire Council [2005] NSWLEC 395;  (2005) 142 LGERA 215 (DA for demolition of former council chambers and associated buildings – Minister authorises council to issue interim heritage order over buildings – appeal against interim heritage order - whether on further investigation the item was likely to be found to be of local heritage significance – whether interim heritage order should be revoked)

Community Action for Windsor Bridge Inc v NSW Roads and Maritime Services [2015] NSWLEC 167 (development consent granted for bridge replacement project with impacts on heritage conservation area – whether development consent granted by Minister invalid – whether development consent lacked sufficient finality and certainty – whether Minister failed to take into account cultural heritage impacts – whether development consent manifestly unreasonable)

Currey v Hargraves and Others [2007] NSWLEC 471; (2007) 155 LGERA 91 (development consent granted to undertake alterations and additions to heritage listed house – loss of views from neighbouring property – neighbour challenges validity of development consent granted by council – whether delegate of council had power to grant consent – whether council failed to take into account impact on views)

F & D Bonaccorso Pty Ltd v City of Canada Bay Council and Ors (No 2) [2007] NSWLEC 537; (2007) 158 LGERA 250 (appeal against development consent to demolish buildings granted by council to third party - whether development consent granted by council to demolish heritage items invalid – whether apprehended bias - whether heritage impact statement a mandatory consideration – principles concerning content of heritage impact statements)

Hunters Hill Municipal Council v Villa Floridiana Pty Ltd (1990) 70 LGRA 62 (assessor upholds appeal against a council’s decision to refuse a development consent to demolish a heritage cottage - council appeals under s 56A Land and Environment Court Act – whether an error of law)

Kimber and Ors v Ku-Ring-Gai Municipal Council and Ors [ 1990] NSWLEC 147; (1990) 130 LGERA 117 (development consent for additions and alterations to private hospital – hospital adjacent to heritage listed property - validity of development consent – whether failure to consider heritage impact of development as required by LEP before granting consent)

Lederer and others v Sydney City Council [2001] NSWLEC 272; (2001) 119 LGERA 350 (listed heritage building and adjoining heritage streetscape – fabric advertising sign attached to side of building - order to remove advertising – whether order valid – whether sign authorised by development consent)

Leichhardt Municipal Council v Minister Administering the Environmental Planning and Assessment Act 1979 and Ors [1992] NSWLEC 67; (1992) 77 LGRA 64 (historic house subject to permanent conservation order – DA to restore and redevelop site – appeal made under Heritage Act 1977 to Minister against council’s deemed refusal of DA – Minister approves development – whether Minister exceeded power in declaring that parts of LEP did not apply to site – whether inadequate consideration of noise impacts)

Lend Lease Management Pty Ltd and Burns Philp Trustee Co Ltd v Sydney City Council, Heritage Council of New South Wales and New World Properties (NSW) Pty (1986) 68 LGRA 61 (DA for redevelopment of site in Sydney CBD– two buildings subject to interim conservation orders – Heritage Council approved application for redevelopment of site - development consent granted by council – development consent not publicly notified – whether development consent void)

Lyons v Sutherland Shire Council [2000] NSWLEC 214; (2000) 110 LGERA 441 reversed in [2001] NSWCA 430; (2001) 117 LGERA 334 (development consent to extend house by adding second storey – neighbouring house significant heritage building with water views – impact on views and heritage significance - whether delegate of council exceeded power by failing to consider well-found objections)

Millers Point Community Assoc. Incoporated v Property NSW [2017] NSWLEC 92 (decision of Minister not to direct listing of Sirius Apartment Building on State Heritage Register - whether decision made in accordance with Heritage Act)

Nettheim v Minister for Planning & Local Government (1988) NSWLEC 65 (Regent Theatre subject to conservation order – Minister revokes conservation order – whether revocation invalid) upheld on appeal NSWCA No 588 of 1988 Samuels, McHugh JA and Needham AJA, 21 October 1988)

O'Brien Pty Ltd v South Sydney City Council [2001] NSWLEC 128; (2001) 120 LGERA 8 (replacement of tiles on hotel in heritage conservation area – council orders removal of tiles – appeal against order – whether development consent required). Upheld NSWCA [2002] NSWCA 259; (2002) 121 LGERA 223

Royal Automobile Club of Australia v Sydney City Council (1991) 74 LGRA 121(order made by council to carry out fire safety works – building listed on Register of National Estate and subject to conservation order under Heritage Act – objection to council’s order by applicant – whether order valid – whether applicant required to carry out development or alterations in building subject to conservation order which would otherwise be unlawful without consent under Heritage Act 1977) Affirmed on appeal in NSWCA (1992) 75 LGRA 292

Woollahra Municipal Council v Andriotakis and Ors [1998] NSWLEC 178 (development consent granted for construction of residential flat building on site of existing dwelling house – amendment of LEP to include dwelling house on heritage list - whether consent granted for all purposes – whether further development consent required for demolition of property)

Question of law

Andriotakis v Woollahra Municipal Council [1998] NSWLEC 137; affirmed in Woollahra Municipal Council v Andriotakis and Ors [1998] NSWCA 23; (1998) 101 LGERA 194 (DA for demolition of dwelling house - preliminary question of law – whether council can take into account heritage significance of non-listed building – whether local approvals policy valid)

Gameplan Sports & Leisure Pty Limited v South Sydney City Council & Ors [2000] NSWLEC 112 (DA for construction of sporting facilities and restaurant – site listed on State Heritage Register – preliminary question of law - whether DA subject to integrated development provisions of Environmental Planning and Assessment Act 1979 or whether an application must be made to the Heritage Council of NSW for proposal)

National Australia Bank Ltd v Drummoyne Municipal Council[1988] NSWLEC 63; (1988) 130 LGERA 299 (DA for demolition of building – preliminary question of law – whether building item of environmental heritage as defined in LEP – validity of development control plan)

Rosecorp Pty Ltd v Leichhardt Municipal Council [1999] NSWLEC 95; (1999) 106 LGERA 1 (DA for adaptive reuse of heritage listed boatshed – DA refused - interim conservation order subsequently gazetted – preliminary question of law – whether Court has jurisdiction to hear application having regard to s 76 of the Heritage Act 1977 – whether Court is ‘consent authority’ as required under s 56 of Heritage Act 1977)

Sandig and Another v Ku-ring-gai Municipal Council [2001] NSWLEC 74; (2001) 114 LGERA 7 (DA to demolish existing dwelling and construct new dwelling – dwelling subject to interim heritage order – question of law – whether Heritage Council required to advise the consent authority that it would refuse the application – whether Court is required to refuse appeal)

Judicial review of permits to destroy Aboriginal objects granted under the National Parks and Wildlife Act 1974

Anderson & Anor v Director-General of the Department of Environment and Climate Change & Anor [2008] NSWLEC 182 (whether failure to take into account relevant considerations – whether failure to make inquiries) upheld on appeal [2008] NSWCA 337; (2008) 163 LGERA 400

Anderson and Anor v Director- General, Department of Environment and Conservation and Ors [2006] NSWLEC 12; (2006) 144 LGERA 43 (whether decision to grant consent to destroy aboriginal objects ultra vires – whether failure to consider relevant matters)

Broad Henry v Director-General, Department of Environment and Conservation and Anor [2007] NSWLEC 722; (2007) 159 LGERA 172 (requests by Aboriginal persons during consultation to make inquiries about alleged massacre and burial – no inquiries made – whether failure to consider relevant matters and denial of natural justice)

Carriage v Stockland Development Pty Ltd (No 4) [2004] NSWLEC 553; (2004) 135 LGERA 68 (validity of consent – whether denial of procedural fairness – whether failure to take into account relevant considerations)

Kennedy v Director-General of the Department of Environment and Conservation and Another [2006] NSWLEC 456 (whether consent to destroy invalid – whether consent uncertain – whether breach of procedural fairness – whether failure to take into account relevant considerations)

Williams v Director –General of National Parks and Wildlife Service [2003] NSWLEC 121; (2003) 127 LGERA 354 (whether denial of procedural fairness – whether failure to take into account relevant considerations – whether bias towards applicant)

Williams v Director-General Department Environment and Conservation and Ors [2005] NSWLEC 165; (2005) 138 LGERA 442 (second permit to destroy Aboriginal objects granted after set aside by previous litigation [2004] NSWLEC 613 - whether grant of second permit valid – whether Director-General acted in accordance with requirements of National Parks Wildlife Act – whether legitimate expectation disappointed – whether denial of natural justice) affirmed on appeal in  [2005] NSWCA 318;  (2005) 141 LGERA 426

Williams v Homestake Australia [2002] NSWLEC 155; (2002) 122 LGERA 319 (Minister granted permit to discover and collect Aboriginal objects – applicant seeks orders permitting inspection of land and certain relics collected from it – whether Court has power to grant such orders)

Williams v Pardoe and Ors [2005] NSWLEC 119 (whether respondent’s breach of permit renders the permit nugatory – whether amendment to permit rendered it void – whether denial of procedural fairness)

Williams v The Director General of the Department of Environment and Conservation (formerly National Parks and Wildlife Service ) [2004] NSWLEC 613 (whether legitimate expectation to consult with Aboriginal elders – whether denial of procedural fairness – irrelevant considerations – manifest unreasonableness) reversed on appeal [2005] NSWCA 318; (2005) 141 LGERA 426.

Judicial review of development consents or other approvals relevant to Aboriginal objects or places

Anderson & Anor on behalf of Numbahjing Clan within the Bundjalung Nation v NSW Minister for Planning and Ors [2008] NSWLEC 120 (development consent for housing subdivision – development on significant Aboriginal site – whether denial of procedural fairness - whether consent invalid because subsurface archaeological testing for Aboriginal materials not required by consent authority)

Anderson v Ballina Shire Council [2006] NSWLEC 76 (development consent for cycleway – whether council considered cultural heritage – whether consideration of heritage adequate)

Anderson v Minister for Infrastructure Planning and Natural Resources and Ors [2006] NSWLEC 725; (2006) 151 LGERA 229 (development consent for housing development – failure to take into consideration massacre of Aboriginal people in area in 19th century – whether decision manifestly unreasonable)

Dates v NSW Minister for Planning [2009] NSWLEC 38 (dual carriageway bypass approved under Part 3A of the Environmental Planning and Assessment Act 1979 - potential damage to impact on Aboriginal cultural heritage items – whether approval in breach of Racial Discrimination Act 1975 (Cth))

Donnelly v Delta Gold [2001] NSWLEC 55; (2001) 113 LGERA 34 (licence to discharge waste water - variation of licence – whether variation constitutes a breach of the Protection of the Environment Operations Act 1997 – jurisdiction of Court to review decision – whether impact on Aboriginal relics was considered)

Warren v Electricity Commission of New South Wales [1990] NSWLEC 131; (1990) 130 LGERA 565 (approval of electricity transmission line – impact on matters of Aboriginal significance – validity of environmental impact statement – whether adequate consideration of impact on sites of Aboriginal sensitivity)

Williams v Water Administration Ministerial Corporation [2003] NSWLEC 220; (2003) 127 LGERA 347 (water bore licences and permit in respect of Aboriginal objects held by respondents – applicant challenges validity – respondent objects to jurisdiction of the Court to hear proceedings - Court has no jurisdiction)