Georgees v Randwick City Council [2024] NSWLEC 1836

Georgees v Randwick City Council [2024] NSWLEC 1836

The appeal is upheld and development consent granted as amended, since the proposal is consistent with objectives of the applicable planning instruments, satisfies the requirements (including heritage, stormwater, FSR), and the parties have reached agreement through conciliation in accordance with s 34 of the Land and Environment Court Act 1979.

Parties
First Applicant: Salem Georgees; Second Applicant: Justin Long; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
23 December 2024
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld; consent granted with conditions
Legal Topics
Development Application, Dual Occupancy, Heritage Conservation, Development Standards, Floor Space Ratio Variation
Planning and Environment Development Application Dual Occupancy Heritage Conservation Development Standards Floor Space Ratio Variation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Salem Georgees

First Applicant

Justin Long

Second Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted to DA192/2023 for dual occupancy and retention of stables at 7 Ingram Street, Kensington
  2. 2 Whether the proposed development complies with applicable planning controls under RLEP 2012 and SEPPs
  3. 3 Whether variation of the Floor Space Ratio standard under cl 4.6 is justified

Ratio Decidendi

The appeal is upheld and development consent granted as amended, since the proposal is consistent with objectives of the applicable planning instruments, satisfies the requirements (including heritage, stormwater, FSR), and the parties have reached agreement through conciliation in accordance with s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted with conditions

Orders

  • The appeal is upheld.
  • Development Application No. DA192/2023 is determined by granting consent, subject to conditions set out in Annexure A.