An Ultimately Positive Outcome

The High Court ruled the Environment Court’s decision to allow the demolition of 22 Crescent Road, Epsom should not be taken as precedent.

Justice Muir, whose retirement was announced with “thanks [for his] outstanding contribution to the judiciary and to the administration of justice” by the Chief Justice just four days later, made clear distinctions:

“The effect of the decision is not to licence demolition in any case where a proposed replacement building makes a positive contribution to streetscape character. … Even an architecturally outstanding new building may not justify demolition of an existing building which makes a significant contribution to the special character values of an area. … A well designed new building that would be appropriate in one special character area might be inappropriate in another due to different identified character values. Even a building of modest individual architectural merit may warrant retention due to a critical contribution to an important group of buildings.”

Character Coalition believes this High Court ruling means future applications to demolish homes in Special Character Areas, citing the Crescent Road Environment Court decision, may be warded off.

Unfortunately, the decision to demolish the Crescent Road property was allowed to stand as being within the discretion of the Environment Court.

Image: William Boyd