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

Land and Environment Court New South Wales

Medium Neutral Citation: Coogee Developments Pty Ltd v Randwick City Council [2016] NSWLEC 1011 Hearing dates: 15 December 2015 Date of orders: 13 January 2016 Decision date: 13 January 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. 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. 3. The exhibits are returned with the exception of exhibits 2, A and B. Catchwords: DEVELOPMENT APPLICATION: 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 - whether the existing residential flat building should be demolished given that it is located within a heritage conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Randwick Local Environmental Plan 2012 Cases Cited: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Category: Principal judgment Parties: Coogee Developments Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr A Pickles SC (Respondent)

Solicitors: Boskovitz & Associates Solicitors (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10556 of 2015 Publication restriction: No