Hayek v Randwick City Council [2023] NSWLEC 1397

Hayek v Randwick City Council [2023] NSWLEC 1397

On the balance of evidence, the existing building does not meet the threshold of any of the requisite criteria for local heritage listing, and is not likely, on further inquiry or investigation, to be found to be of local heritage significance. Accordingly, the Interim Heritage Order is to be revoked.

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; Interim Heritage Order revoked.
Legal Topics
['interim Heritage Order' 'heritage Significance' 'local Environmental Plan' 'heritage Act 1977']
['planning and Environment Law'] ['interim Heritage Order' 'heritage Significance' 'local Environmental Plan' 'heritage Act 1977']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the property may, on further inquiry or investigation, be found to be of local heritage significance for the purposes of an Interim Heritage Order']

Ratio Decidendi

On the balance of evidence, the existing building does not meet the threshold of any of the requisite criteria for local heritage listing, and is not likely, on further inquiry or investigation, to be found to be of local heritage significance. Accordingly, the Interim Heritage Order is to be revoked.

Court Disposition

Appeal upheld; Interim Heritage Order revoked.

Orders

  • ['The appeal is upheld.' 'The Interim Heritage Order published in the New South Wales Government Gazette, No 217, 19 May 2023 over 21 Baden Street, Coogee, is revoked.' 'The exhibits, other than Exhibits 2, A and B, are returned.']