This article is from the Australian Property Journal archive
INVESTA Property Group’s $600 million plans to redevelop the MLC building in North Sydney have cleared a significant hurdle after a court overturned a ministerial decision to list the building on the NSW State Heritage Register.
Following a recommendation by the Independent Planning Commission, then-Special Minister of State Don Harwin directed the 1957-constructed 14-level building at 105 Miller Street to be listed on the State Heritage Register.
Investa took the matter to the Land and Environment Court and argued that Harwin failed to take into account whether the listing would render the building incapable of reasonable use, and whether it would cause undue financial hardship.
Justice Sandra Duggan sided with Investa, saying the reasons were legally required to be taken into account under the Heritage Act and that Harwin’s directive did not take mention them.
“These matters are fundamental to sensible decision making. Without them, investors can be held to ransom by architects seeking to protect their own legacy without regard to the damage to the value of the site,” Urban Taskforce CEO Tom Forrest.
“This decision exposes the political nature of the last-minute use of heritage listing to prevent sensible transport-oriented development on the site,” said Urban Taskforce CEO Tom Forrest.
The site is adjacent to the new Victoria Cross Metro railway station entry. The new station has spurred several commercial developments worth billions of dollars.
The State Heritage Council had decided against listing the site under its “Thematic Listing Program” in 2013. Forrest said this was a clear signal to the private sector that the site was appropriate for development.
Investa is still locked in a separate court battle with over its 2020 development application lodged with North Sydney Council, which the Council knocked back last year. Its plans are for a 60,000 sqm building that would be North Sydney’s first net zero commercial building, and is targeting a 6-star Green Star office design rating and 5.5-star NABERS Energy rating.
Investa’s proposal will deliver about 2,200 jobs and improvements to the streetscape. The building, which was the tallest block in the area when it was built, is set below the surrounding street level, hampering development of public space.
