Alexandra Kelly v North Sydney Council

Alexandra Kelly, the appellant, brought proceedings against North Sydney Council, the respondent, in relation to a heritage item at 24 Cranbrook Avenue, Cremorne. Ms Kelly sought an Interim Heritage Order for the property, which the Council opposed. The dispute was heard and determined by the Land and Environment Court of New South Wales. The appellant argued that the property at 24 Cranbrook Avenue was of environmental heritage significance and should be subject to an Interim Heritage Order. The respondent argued that the property did not meet the criteria for such an order under the Heritage Act 1977. The court was required to determine whether the property in question was of environmental heritage significance and, if so, whether an Interim Heritage Order should be made under the Act. The court considered the evidence and submissions from both parties and concluded that the property did meet the criteria for an Interim Heritage Order. The Court held that the property was of environmental heritage significance and that it was appropriate to make such an order. The Court also noted the potential impact of future planning decisions on the property and set out conditions under which the Interim Heritage Order would lapse. In light of the Court’s findings, the appeal was upheld, and an Interim Heritage Order was made in favour of the appellant. The Court ordered that the respondent include the amended Interim Heritage Order in the next Government Gazette and comply with the notification requirements under the Heritage Act 1977.