Coogee Developments Pty Ltd v Randwick City Council [2016] NSWLEC 1011

Coogee Developments Pty Ltd v Randwick City Council [2016] NSWLEC 1011

The Court preferred Mr Davies' heritage evidence and found that the heritage significance of the Dudley Street Heritage Conservation Area related significantly to fine quality Federation and Inter-War detached houses. The existing residential flat building was the only such building in the area, was an anomaly, had poor street elevation and limited remaining Inter-War character, and did not provide good evidence of the main development periods or require retention to maintain the area's character. Its demolition would have little effect on the heritage significance of the area, the proposed replacement would fit into the conservation area, and the disputed excavation hours sought by the...

Jurisdiction
Australia
Judgment Date
13 January 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No DA 145/2015 / Principal Judgment
Outcome
Appeal upheld; Development Application No DA 145/2015 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'demolition in a Heritage Conservation Area' 'existing Use Rights' 'residential Flat Building Replacement' 'development Consent Conditions']
['environmental Planning and Assessment' 'heritage Conservation'] ['development Application' 'demolition in a Heritage Conservation Area' 'existing Use Rights' 'residential Flat Building Replacement' 'development Consent Conditions']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No DA 145/2015 / Principal Judgment

Legal Issues

  1. 1 ['Whether the existing residential flat building should be demolished given that it is located within the Dudley Street Heritage Conservation Area.' 'Whether the effect of the proposed development on the heritage significance of the heritage conservation area prevented approval of demolition.' 'Whether disputed excavation hours in condition 50 should be extended.']

Ratio Decidendi

The Court preferred Mr Davies' heritage evidence and found that the heritage significance of the Dudley Street Heritage Conservation Area related significantly to fine quality Federation and Inter-War detached houses. The existing residential flat building was the only such building in the area, was an anomaly, had poor street elevation and limited remaining Inter-War character, and did not provide good evidence of the main development periods or require retention to maintain the area's character. Its demolition would have little effect on the heritage significance of the area, the proposed replacement would fit into the conservation area, and the disputed excavation hours sought by the...

Court Disposition

Appeal upheld; Development Application No DA 145/2015 approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No DA 145/2015 for the demolition of an existing 2 storey residential flat building containing 4 units and the replacement with a 4 storey residential flat building containing 8 units at 4 Higgs Street, Randwick is approved subject to the conditions in Annexure A.'...