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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:
  1. The site and its context, noting the features and design of the property, as well as those of surrounding properties
  2. The planning controls under which North Sydney Council was acting and whether they were exercised appropriately
  3. Public submissions to the Court
  4. Expert evidence

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