PAZ and CITY OF STIRLING

The case between PAZ and the City of Stirling concerned a development application for the demolition of a circa 1908 dwelling in Mt Lawley, a property situated within a Heritage Protection Area. The dispute revolved around the heritage significance of the property, the impact of its demolition on the area's character, and broader planning considerations. The State Planning Commission was called upon to determine the application, and it was subsequently appealed to the Supreme Court of Western Australia.

The primary legal issues were whether the subject property represented a good example of housing from the early 1900s and the inter-war period, and if its demolition would significantly impact the heritage value of the Heritage Protection Area. The court had to consider the differing views of heritage experts, the state of intactness of the property, and its contribution to the streetscape. Additionally, the court needed to weigh the heritage considerations against the broader planning issues associated with the proposed demolition, including contemporary living standards and the potential adaptation of the site.

The court examined the Character Retention Guidelines for the Heritage Protection Area, the absence of State or local heritage listing for the property, and the expectations in terms of contemporary living standards. The court recognised the weight of the heritage contribution but also considered the broader planning issues, including the potential for the site to be adapted in a manner that would not impinge on its heritage value. Ultimately, the court found that the proposed demolition would not significantly detract from the heritage value of the area and approved the development application, subject to certain conditions. The appeal was upheld, and the development application was ultimately upheld by the Tribunal, subject to the condition imposed by the court.