Developer fined almost $80,000 for destroying heritage property

Published on 15 December 2017

Property developer David Baynie has been found guilty in the Land & Environment Court for irrevocably damaging a turn-of-the-century heritage home in Warawee.

Ku-ring-gai Council commenced proceedings against Mr Baynie for gutting the heritage listed property at 3 Bangalla Street Warawee between 2014 and 2015 without development consent.

Damage to the interior of the heritage listed six bedroomed house included the removal of original architraves and picture rails, demolition of walls and ceilings and destruction of cornices and skirting.

Built in 1909, the Bangalla Street house was heritage listed by the Council in its Local Environmental Plan as being an example of the designs by well-known architect Howard Joseland.

Joseland's clientele was predominantly wealthy people who required comfortable homes in the new residential areas of Wahroonga and Warrawee in the early 1900s. Joseland was one of the earliest architects in Australia to reject English Victorian architectural styles and advocate for an architectural design that was suitable for the local climate, known as the ‘Arts & Craft Style’.

Justice Pain of the Land & Environment Court found in favour of the Council this week, ordering the defendant to pay a total of $77,000 in fines in addition to the Council’s costs.

Speaking after the judgement, Mayor Jennifer Anderson said she was pleased that the Court had imposed a significant fine on the developer.

“This is one of the most flagrant examples of a property-owner wilfully damaging a heritage property that the Council has ever encountered.”

“The Council will always assist heritage property owners to understand how they can sympathetically renovate their homes, but we will not hesitate to take action against those who deliberately destroy Ku-ring-gai’s architectural legacy.”

To read Justice Pain’s judgement in full visit lec.justice.nsw.gov.au.

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Media enquiries: Sally Williams 9424 0982 or sawilliams@kmc.nsw.gov.au<mailto:sawilliams@kmc.nsw.gov.au