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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/jul/25/sirius-building-gets-second-chance-after-decision-not-to-heritage-list-it-ruled-invalid
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| Version 1 | Version 2 |
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| Sirius building gets second chance after decision not to heritage list it ruled invalid | Sirius building gets second chance after decision not to heritage list it ruled invalid |
| (6 months later) | |
| Court says minister had not properly considered recommendation to heritage list the public housing building | |
| • Sydney’s last stand: the residents holding out against gentrification | |
| Patrick Keneally | |
| Tue 25 Jul 2017 09.09 BST | |
| Last modified on Wed 25 Oct 2017 21.46 BST | |
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| A decision by the New South Wales government not to heritage list the Sirius public housing building was invalid, a court has ruled. | A decision by the New South Wales government not to heritage list the Sirius public housing building was invalid, a court has ruled. |
| The Brutalist-style building in Sydney’s Rocks district will now get a second chance after the land and environment court said the minister for environment and heritage, Mark Speakman, had not properly considered a recommendation by the heritage council to list it on the register. | The Brutalist-style building in Sydney’s Rocks district will now get a second chance after the land and environment court said the minister for environment and heritage, Mark Speakman, had not properly considered a recommendation by the heritage council to list it on the register. |
| Though the court stopped short of ordering the Sirius building be listed on the heritage register, it rendered the existing decision invalid and ordered the government to remake a decision based on law. | Though the court stopped short of ordering the Sirius building be listed on the heritage register, it rendered the existing decision invalid and ordered the government to remake a decision based on law. |
| It also ordered the government pay costs to the Millers Point Community Association, which is fighting the decision to sell off Sirius to private developers and crowdsourced $50,000 for the legal fight. | It also ordered the government pay costs to the Millers Point Community Association, which is fighting the decision to sell off Sirius to private developers and crowdsourced $50,000 for the legal fight. |
| Alex Greenwich, the state MP for Sydney, said he welcomed the decision by acting justice Simon Molesworth and said the government should now save the building. | Alex Greenwich, the state MP for Sydney, said he welcomed the decision by acting justice Simon Molesworth and said the government should now save the building. |
| “Sirius was purpose-built and accessible social housing and largely remains in its original condition.” | “Sirius was purpose-built and accessible social housing and largely remains in its original condition.” |
| He said the government should “recognise the high heritage value” of the Sirius building and its continued value as low-cost housing. | He said the government should “recognise the high heritage value” of the Sirius building and its continued value as low-cost housing. |
| Members of community group Save Our Sirius cheered as the verdict was handed down. | Members of community group Save Our Sirius cheered as the verdict was handed down. |
| “Sirius has been temporarily saved,” SOS chairman Shaun Carter said outside court. | “Sirius has been temporarily saved,” SOS chairman Shaun Carter said outside court. |
| “What we say not only to the minister and the Premier, Gladys (Berejiklian), this is a moment when we ask you to hit pause on the demolition and sale of Sirius and sit down with us so we can talk about the heritage listing.” | “What we say not only to the minister and the Premier, Gladys (Berejiklian), this is a moment when we ask you to hit pause on the demolition and sale of Sirius and sit down with us so we can talk about the heritage listing.” |
| He said the city was desperately short of social and affordable housing and Sirius, which was designed to fulfil this demand, had sat empty for three years. | He said the city was desperately short of social and affordable housing and Sirius, which was designed to fulfil this demand, had sat empty for three years. |
| The NSW government has previously argued that the building should be sold and the income used to develop more public housing. | The NSW government has previously argued that the building should be sold and the income used to develop more public housing. |
| Speakman has said value of the building would be reduced by as much as $70m if heritage listing did go ahead and that it would cause “undue financial hardship”. | Speakman has said value of the building would be reduced by as much as $70m if heritage listing did go ahead and that it would cause “undue financial hardship”. |
| However, the court rejected that as the grounds for refusing the application for heritage listing. | However, the court rejected that as the grounds for refusing the application for heritage listing. |
| Justice Molesworth said even if Sirius decreased in sale value, that did not constitute financial hardship. | Justice Molesworth said even if Sirius decreased in sale value, that did not constitute financial hardship. |
| “I have decided that the minister did fall into error by misdirecting himself as to the proper meaning of the words ‘would cause undue financial hardship to the owner’. | “I have decided that the minister did fall into error by misdirecting himself as to the proper meaning of the words ‘would cause undue financial hardship to the owner’. |
| “The minister ... misinterpreted the meaning of the term ‘financial hardship’, essentially equating it with a mere negative financial consequence – a financial differential, loss or detriment. In so doing, the minister did violence to the meaning of the word ‘hardship’.” | “The minister ... misinterpreted the meaning of the term ‘financial hardship’, essentially equating it with a mere negative financial consequence – a financial differential, loss or detriment. In so doing, the minister did violence to the meaning of the word ‘hardship’.” |
| Justice Molesworth said some iconic structures were so valuable to society their financial burdens could never be “undue” and should be carried at all costs. He considered two other iconic landmarks around Sydney Harbour – the Opera House and Harbour Bridge. | Justice Molesworth said some iconic structures were so valuable to society their financial burdens could never be “undue” and should be carried at all costs. He considered two other iconic landmarks around Sydney Harbour – the Opera House and Harbour Bridge. |
| “The financial impost associated with such iconic heritage items might be enormous, never cease, and cause the owner to suffer financial hardship,” the court heard. | “The financial impost associated with such iconic heritage items might be enormous, never cease, and cause the owner to suffer financial hardship,” the court heard. |
| “But however onerous, any financial hardship would, arguably, never be considered to be ‘undue’.” | “But however onerous, any financial hardship would, arguably, never be considered to be ‘undue’.” |
| Justice Molesworth did not make a decision on whether Sirius held a similar level of value, and stopped short of ordering the minister to list it on the heritage register. | Justice Molesworth did not make a decision on whether Sirius held a similar level of value, and stopped short of ordering the minister to list it on the heritage register. |
| Australian Associated Press contributed to this report | Australian Associated Press contributed to this report |
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