El-Hage Construction Pty Ltd v Ku-ring-gai Council

Land and Environment Court New South Wales Medium Neutral Citation: El-Hage Construction Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1470 Hearing dates:28 October 2015Date of orders: 19 November 2015 Decision date: 19 November 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. The Interim Heritage Order on Stow-on-the-Wold, 140 Pentecost Avenue, Turramurra, dated 22 May 2015, is revoked.3. The exhibits, other than exhibits 4, A and C, are returned. Catchwords: INTERIM HERITAGE ORDER: whether the heritage significance of the house and garden is sufficient to warrant local heritage listing; whether on further investigation the item is likely to be found to be of local heritage significance. Legislation Cited: Land and Environment Court Act 1979 Heritage Act 1977 Category:Principal judgmentParties: El-Hage Construction Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: Mr A. Galasso SC (Applicant) Ms M. Carpenter barrister (Respondent)   Solicitors: McKee Legal Solutions (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):10531 of 2015Judgment COMMISSIONER: This is an appeal pursuant to the provisions of sub-s 30(1) of the Heritage Act1977 (NSW) (Heritage Act) against the making of an Interim Heritage Order (IHO) on the property of ‘Stow-on-the-Wold’, 140 Pentecost Avenue, Turramurra (the site) by Ku-ring-gai Council (the Council) on 22 May 2015 (published in the NSW Government Gazette No. 45 dated 22 May 2015, exhibit 3, tab 6). The IHO is made pursuant to sub-s 25(2) of the Heritage Act, as follows: (2) A council authorised under this section may make an interim heritage order for a place, building,...