Belle Living Pty Ltd v Randwick City Council [2023] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Belle Living Pty Ltd v Randwick City Council [2023] NSWLEC 1282 Hearing dates: 12 & 13 April 2023 Date of orders: 07 June 2023 Decision date: 07 June 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) The Interim Heritage Order published in the New South Wales Government Gazette No 484 (Local Government) on Friday 14 October 2022 over 3 Berwick Street, Coogee (Lot B in DP 313214) is revoked. (3) The exhibits are returned with the exception of Exhibits A, B, 3 and 5. Catchwords: INTERIM HERITAGE ORDER – appeal against an interim heritage order – interim heritage order made by the Council – the conditions of the Ministerial order authorising the Council to make interim heritage orders are met – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, s 3.34 Heritage Act 1977, ss 4,4A, 25, 29,30 Land and Environment Court Act 1979, s 39 New South Wales Government Gazette No 484 (Local Government), 14 October 2022 New South Wales Government Gazette, No 90, 12 July 2013 Randwick Local Environmental Plan 2012, Sch 5 Cases Cited: Byron Ventilink Pty Ltd v Byron Shire Council (2005) 142 LGERA 215; [2005] NSWLEC 395 Forte Construction Group Pty Ltd v Inner West Council [2018] NSWLEC 1400 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council (2010) 210 LGERA 126; [2010] NSWLEC 48 at [84] Touma v Randwick City Council [2019] NSWLEC 1395 Texts Cited: Office of Environment and Heritage, Assessing Heritage Significance, September 2022 Category: Principal judgment Parties: Belle Living Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Wright SC (Applicant) M Harker (Respondent)