Khouri v Randwick City Council [2017] NSWLEC 1001

Khouri v Randwick City Council [2017] NSWLEC 1001

The alterations and additions proposed do not unacceptably impact the heritage significance of Pine Cottage or the heritage conservation area. On-street parking and arrangements for drop-off and pick-up are acceptable and consistent with council's requirements and practices. Therefore, the application is approved subject to conditions.

Parties
Applicants: Joseph Khouri and Mariette Khouri; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
06 January 2017
Procedural Posture
Appeal Against Development Application Refusal / Final Decision After Hearing
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Applications, Heritage Conservation, Child Care Centres, Car Parking, Traffic Impact
Planning and Environment Law Heritage Law Development Applications Heritage Conservation Child Care Centres Car Parking Traffic Impact

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Parties

Joseph Khouri and Mariette Khouri

Applicants

Randwick City Council

Respondent

Procedural Posture

Appeal Against Development Application Refusal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the proposed alterations and additions to a heritage building for use as a child care centre have unacceptable impact on heritage significance of the item and conservation area
  2. 2 Whether the proposed arrangements for car parking, drop-off, and pick-up are adequate and the impact on the local road system

Ratio Decidendi

The alterations and additions proposed do not unacceptably impact the heritage significance of Pine Cottage or the heritage conservation area. On-street parking and arrangements for drop-off and pick-up are acceptable and consistent with council's requirements and practices. Therefore, the application is approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No. 83/2015 for alterations and additions to the existing building and use as a child care centre and associated landscaping at 19 Pine Avenue, Little Bay is approved subject to the conditions in Annexure A.