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Interim Heritage Orders

Helm No 18 Pty Ltd v North Sydney Council [2022] NSWLEC 1406

Overview & Facts

The case of Helm No 18 Pty Ltd v North Sydney Council [2022] NSWLEC 1406 provides relevant considerations a Council may need to consider before issuing an interim heritage order (“IHO”).

The case was in relation to an IHO issued by the Minster in accordance with the Heritage Act 1977 (NSW) (“The Act”). The IHO was issued to the owners of 131 and 133 Holt Avenue, Cremorne (“the Properties”). According to section 26 of the Act, Council does not have to provide notice in its intention to place an IHO. A Council, however, must provide notice once the IHO has been taken into effect; in this instance, being when the Properties and their heritage status was published in the Government Gazette in compliance with section 28(1)(c) of the Act. [...]  READ MORE →

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Court Invalidates Minister’s Decision

On 30 July 2016, the Minister for Heritage (Minister) made a decision not to direct that the Sirius Apartment Building (Sirius) at Millers Point, Sydney be listed on the State Heritage Register. This decision was made despite a recommendation from the Heritage Council of New South Wales (Heritage Council) that Sirius be listed on the Register.

Sirius was built in the 1980s and since then has become a well-known and significant building in Sydney. It has been used predominantly as social housing up until the NSW Government announced in March 2014 that it intends to sell Sirius and then re-invest the proceeds of sale into social housing across the state. [...]  READ MORE →