iObject is grateful that another slice of local Sydney heritage has been saved from the threat of being knocked-down. iObject’s work to prevent the demolition of a contributory within a Rose Bay Heritage Conservation Area (HCA) involved preparing a detailed planning submission to Woollahra Municipal Council. DA523/2022 at No. 26 Salisbury Road proposed to demolish an existing Californian Bungalow and construct a new three-storey residential flat building (RFB) with basement parking. 

iObject’s Principal Objection (PO) was prepared on behalf of a neighbouring property, which offered Council an alternative design review position to that of the applicant’s Heritage Impact Assessment (HIS), which claimed that Californian Bungalows were commonplace and thus removal would have a negligible impact. iObject on the other hand found there was a growing scarcity of this historic dwelling type, whilst arguing the proposed RFB would not be in keeping with Council’s Desired Future Character for the HCA. iObject’s PO sought to remedy the DA based on other planning grounds as well, including in relation to height, flooding, privacy, building form, setbacks and excavation. iObject’s position was subsequently supported by Council’s refusal determination, thereby saving the original dwelling from demolition. 

However, the Applicant sought to overturn Council’s determination via the Land and Environment Court (L&E Court) in a Section 8.7 appeal (Class 1) against the deemed refusal of DA2022/523/1 by Woollahra Municipal Council. The Applicant claimed recent amendments to Woollahra Development Control Plan (WDCP) were made without adequate ‘research or evidentiary basis’. And, in the absence of such research or evidence, it is reasonable to conclude that the ‘existing bungalow does not form part of the significance of the Balfour Road HCA.’

Council counteracted this stating that WDCP had evolved using ‘proper statutory planning processes’, remaining subservient to the Woollahra Local Environmental Plan (WLEP). ‘[WDCP] does not contain any prohibitions, invokes a recognised conservation philosophy that places emphasis on retention and allows for demolition as a “last resort” subject to the planning principle established by Helou’.

Commissioner Pullinger’s finding sided with Council’s position, confirming WDCP had  been properly amended to reflect the Council’s policy position. Furthermore, application of the Helou planning principle does not adequately justify demolition of the contributory item. Nevertheless, the Commissioner upheld the conservation policy established by WDCP, noting that it did not equate to a prohibition on demolition of contributory items - still remaining possible under WLEP under certain circumstances.

In helping to retain a historic contributory item, iObject was able to contribute to keeping a sympathetic built environment for current and future generations to enjoy. In successfully navigating the planning approvals system to prevent offensive development, iObject continues its mission to enrich local communities through maintaining beautiful built environments. 

DA Ref: DA523/2022

Council: Woollahra

Proposal: Demolition of an existing contributory dwelling within a heritage conservation area and construction of a new three storey residential flat building (RFB) with a swimming pool, basement parking and associated landscaping works.

Full Judgement