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In Alexandra Kelly v North Sydney Council [2017] NSWLEC 1546, North Sydney Council made an interim heritage order (IHO) over a property. The Court considered whether it was lawful and appropriate for the Court to uphold the IHO, having regard to numerous factors including:
- The site and its context, noting the features and design of the property, as well as those of surrounding properties
- The planning controls under which North Sydney Council was acting and whether they were exercised appropriately
- Public submissions to the Court
- Expert evidence