Belle Living Pty Ltd v Randwick City Council [2024] NSWLEC 1364

Belle Living Pty Ltd v Randwick City Council [2024] NSWLEC 1364

The Court found that 3 Berwick Street exhibits heritage significance primarily through its built form and as a representative example of inter-war suburban residential development in Coogee and the Randwick LGA. Demolition would result in an almost total loss of heritage significance, contrary to the objectives of cl 5.10 of the RLEP and Section 1.9 of the RDCP, and insufficient overriding reasons were demonstrated for demolition. The appeal is dismissed and consent for the development application is refused.

Parties
Applicant: Belle Living Pty Ltd; Applicant: Environa Studio Pty Limited; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
03 July 2024
Procedural Posture
Class 1 Appeal / Final Judgment and Orders
Outcome
Appeal dismissed, consent refused for development application
Legal Topics
Development Application, Heritage Significance, Demolition of Heritage Item, Local Environmental Plan, Development Control Plan, Subdivision, Semi Detached Dwellings
Planning and Environment Law Development Application Heritage Significance Demolition of Heritage Item Local Environmental Plan Development Control Plan Subdivision Semi Detached Dwellings

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Parties

Belle Living Pty Ltd

Applicant

Environa Studio Pty Limited

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment and Orders

Legal Issues

  1. 1 Whether demolition of a heritage item should be permitted under local planning controls
  2. 2 Whether the proposed development adversely impacts heritage significance
  3. 3 Whether sufficient overriding reasons justify demolition under Randwick Development Control Plan Section 1.9

Ratio Decidendi

The Court found that 3 Berwick Street exhibits heritage significance primarily through its built form and as a representative example of inter-war suburban residential development in Coogee and the Randwick LGA. Demolition would result in an almost total loss of heritage significance, contrary to the objectives of cl 5.10 of the RLEP and Section 1.9 of the RDCP, and insufficient overriding reasons were demonstrated for demolition. The appeal is dismissed and consent for the development application is refused.

Court Disposition

Appeal dismissed, consent refused for development application

Orders

  • The appeal is dismissed.
  • Development application No. 432/2022 for demolition, subdivision, and construction of two semi-detached dwellings at 3 Berwick Street, Coogee is determined by refusal of consent.