When deciding whether to grant a permit to demolish a heritage building under the Heritage Overlay, the decision-maker is not confined to heritage considerations but must take into account all considerations made relevant by the Planning and Environment Act 1987 and the applicable planning scheme, including urban consolidation, housing diversity, sustainable development and urban design. Where a proposal triggers multiple permit requirements, each must receive a favourable decision (a 'tick') before a permit for the overall proposal can issue, but the individual requirements are to be considered together in the context of the overall proposal, not in isolation or sequentially. The weight to be given to competing considerations is for the decision-maker, not the court.
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1 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.