Court gives green light to Holt Avenue development
A developer has the green light to build a three-storey building with 16 apartments at 115, 117 and 119 Holt Avenue in Cremorne after an appeal was upheld in the Land and Environment Court on 6 December.
North Sydney Local Planning Panel (NSLPP) refused the application at a meeting on 2 August, because of a 12-month interim heritage order (IHO) on the properties at the time.
The Department of Planning issued a Gateway Determination for public exhibition of a planning proposal in September, 2023 to place 115, 117, 119, 121, 123 and 125 as heritage homes. But Heritage Minister Penny Sharpe revoked the IHO on 115, 117 and 119 on 17 August.
The developer, Holt Avenue Pty Ltd, was issued with a complying developing order on 6 September and demolished the three properties.
A report is to be prepared for council early in 2024, which will include the heritage status of neighbouring properties at 121, 123 and 125.
Mayor Zoë Baker said the properties would still be standing if the exhibition had gone ahead.
“Demolition of heritage items diminishes the character of the precinct in which they are lost and alters streetscapes irrevocably,” Ms Baker told NL.
“Council’s independent heritage consultant provided ample evidence of the significance of the group of Holt Avenue dwellings to support the original resolution of council to pursue the planning proposal to list the properties on council’s local environmental plan,” the mayor added. “That evidence did not change.
“In those circumstances, council resolved to pursue heritage listing and defend the appeal.”
Local resident Anne Lytle expressed her disappointment with the outcome.
“This development had scores of non- compliances, but it seems that if the developer simply threatens to go to court, they can get anything approved,” Dr Lytle told NL.
“The council, regardless of the fact that it promised publicly it would not allow such a non-compliant development in the R3 zone, didn’t attempt to modify even some of the smaller aspects of this development that would have really benefited adjoining residents.
“It seems unfair that an existing resident cannot remove a tree for love or money, but a developer can clear an entire area of multiple mature trees with no resistance whatsoever from council,” Dr Lytle said. “In my view, something here is very rotten.”
