Council lodges interim order to save circa 1880 home from demolition

A development application was lodged in October 2023 to knock down the home at 14 Sunderland Street, and build a two-storey co-living house with 30 private rooms and communal areas.

The development application received more than 60 submissions across two exhibition periods in October and November, where residents raised concerns about parking, traffic, the scale of the development and loss of the "historical" circa 1880 house, which was the former home of Thomas Braye, a former mayor of Waratah.

Labor councillors lodged a notice of motion in late November asking for the council to explore the heritage significance of the home. Community members also lodged a local heritage item nomination in February, asking the council to place an interim order over the property.

A preliminary heritage assessment by Artefact Heritage found 14 Sunderland Street had "historical significance as one of the earliest residences constructed on the Mayfield/Waratah subdivision".

This prompted a late item to be tabled at the February council meeting asking the council to approve an interim heritage order, which safeguards a place of potential heritage significance for up to 12 months, preventing demolition temporarily.

"Although the individual structure may not represent an outstanding example of the Mid Victorian architectural style, the house represents an early example of one of the core architectural phases of Newcastle and the early development of the suburbs of Mayfield and Waratah," the report said.

"It represents an example of the growth and development of Mayfield as an attractive residential area in the late 19^th and early 20^th centuries."

The report said the house had largely retained its original built form including the original four room layout, with some minor additions and modifications.

Labor councillor Margaret Wood said the matter was urgent as the building was "at risk of damage or change".

The applicant lodged an appeal in the NSW Land and Environment Court on December 4 against the deemed refusal of the application, while deputy lord mayor Declan Clausen said the developer had also sought "alternative pathways" including a complying development certificate, which is a fast-tracked approval that does not require a development application.

"Buildings that are at risk of permanent damage, they're the kinds of circumstances where you have to take urgent action to protect the fabric of the building," Cr Wood said.

"I don't have any evidence to suggest that this is a person who is about to demolish the building - after all they have actually used the processes available to them and taken it to the land and environment court.

"However one would have to say that that is always a risk in these circumstances when what the applicant wants is to demolish the building so that they can put up a building of their own choice.

"Of course once a building like this is demolished that is it, there is no going back.

"So we need to take every step we possibly can to preserve this building and to allow all of the proper processes to take place."

The interim order enables the council to undertake a detailed heritage assessment and determine if it should be listed as a heritage item under the local environment plan.