The Court upheld the appeal and granted consent for demolition of an existing dwelling and construction of a replacement dwelling within the Berrima Heritage Conservation Area. The Court held that the detrimental heritage impact of demolishing a contributory (but not individually listed) building did not warrant refusal where: the site was located in a precinct of lower heritage importance within the HCA; the BV DCP did not specifically identify the building as contributory; the extent of structural repair works required would significantly diminish original fabric; and the experts agreed the replacement dwelling was acceptable in heritage terms. The Court also declined to frame its reasoning around the Helou planning principle, holding that where applicable LEP and DCP controls directly address the relevant issues, the planning principle does not override or replace those controls.
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