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ARTICLE · 23 JANUARY 2013

Can cultural heritage significance be debated?

HopgoodGanim
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A recent case puts the spotlight on the ability to question a building's listed status, when developing a heritage site.

AustraliaReal Estate and Construction
David Nicholls
David Nicholls
Olivia Williamson
Olivia Williamson
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A recent court case has put the spotlight on the ability to question a building's listed status when developing a heritage site.

Cowan v Brisbane City Council & Ors [2012] QPEC 81 involved an appeal against Brisbane City Council's refusal to approve the demolition of a 1930s two-storey mock Tudor style residence known as 'Gwandoben', located in New Farm in Queensland.

Partner David Nicholls and associate Olivia Williamson outline the arguments put forward in the appeal, and explain what you need to be aware of if you are considering developing a heritage listed site.

Key points

  • The decision of His Honour Judge Rackemann in this case gives developers an avenue to test the validity of a building's heritage status when appealing against the refusal of their application to develop a heritage site.

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