Whitman v North Sydney Council [2026] NSWLEC 1219
Before: Macken AC · NSW Land and Environment Court
Summary
This is an appeal brought under s 30(1) of the Heritage Act 1977 (NSW) (NSW Heritage Act) against the making of an Interim Heritage Order (IHO) by North Sydney Council (the Respondent) for six properties at 27-37 Bydown Street, Neutral Bay (the site). The IHO was made by the Respondent, pursuant to s 25 of the NSW Heritage Act, on 6 November 2025 and published in the NSW Government Gazette No 461 on 7 November 2025. The applicant seeks for the IHO to be revoked by the Court.
Catchwords
INTERIM HERITAGE ORDER — dwelling house — likely heritage item — local heritage significance — orders
Outcome
The orders of the Court are: (1) The appeal is dismissed. (2) The exhibits are retained.
Legislation cited
Heritage Act 1977 (NSW), ss 4A, 25, 30 Land and Environment Court Act 1979 (NSW), s 39 North Sydney Local Environmental Plan 2013
Read the full judgment
Authoritative text on NSW Caselaw · ~26k words
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