heritage listing and restrictions on development

Samowill Pty Ltd v Queanbeyan – Palerang Regional Council; Samowill Pty Ltd v Heritage Council of New South Wales [2017] NSWLEC 1550

Braidwood is heritage listed town famous for its well preserved colonial architecture. The Samowill company sought approval from the Council to subdivide a rural lot into five residential blocks. The Council refused the application because it would have a detrimental impact on the heritage listed town. The Court upheld the Council’s decision, taking into consideration factors unique to the site. The Commissioner highlighted that the modern site would be visible during arrival to the town, and that the uninterrupted transition from heritage building to unused land was important for the colonial style landscape. Taking these factors into consideration, the development would have an adverse impact on heritage significance.

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