LEC approves 7 Coogee apartments, 7 more units at Blakehurst

COOGEE and BLAKEHURST: The Land and Environment Court (LEC) granted consent on 14 October 2026 to two projects using the Housing SEPP in-fill affordable housing bonus. One is a seven-apartment building at 94 Dolphin Street, Coogee. The other adds a level and seven units to a block at 10-14 Vaughan Street, Blakehurst. Both were upheld on agreed amended plans after section 34 conciliation. They are not contested rulings, and neither judgment tests how far the bonus can be pushed against a council’s objection.

Why it matters

Both decisions show what a council can settle for once an in-fill affordable proposal is in the Court. The Housing SEPP gives projects that dedicate a share of gross floor area to affordable housing a floor space and height bonus. Here, councils negotiated design changes rather than defending a refusal to the end.

At Coogee, Coogee Beach Developments Pty Ltd appealed against Randwick City Council. Acting Commissioner Sherry recorded in [2026] NSWLEC 1688 that the building is a five-storey residential flat building with 7 apartments (two three-bedroom, four two-bedroom and one one-bedroom) over a single basement level with 8 car spaces. It relies on section 15C of the Housing SEPP, with affordable housing at approximately 15.2% of gross floor area and the full 30% height bonus under section 16(3), giving a height of 15.6 m.

At Blakehurst, JSS Asset Management Services Pty Ltd and Designcorp Architects Pty Ltd appealed against Georges River Council. According to [2026] NSWLEC 1687, the proceedings arose from the council’s deemed refusal. Commissioner Washington upheld the appeal after the council agreed under section 38 of the Environmental Planning and Assessment Regulation to amend the application.

The numbers

Coogee, per the judgment: 7 apartments, 5 storeys, 8 basement parking spaces, 15.6 m height, about 15.2% of gross floor area as affordable housing. The development complies with the bonus floor space ratio, but the decision gives no figure for it or for total gross floor area.

The amended plans changed the scheme in four ways. They reduced basement parking, reduced reliance on a flood barrier, altered the internal layout and made the penthouse a single level. The decision does not list the council’s individual contentions, so we do not characterise them.

Blakehurst, per the judgment: alterations and additions to an existing five-storey residential flat building, adding one level. Units rise from 37 (7 one-bedroom, 22 two-bedroom, 8 three-bedroom) to 44 (9, 24 and 11). Six are affordable housing, managed by a registered community housing provider for at least 15 years. Parking falls from 58 to 54 spaces, and basement excavation increases.

The floor space ratio is 1.778:1 against a 1.8:1 standard. The 18 m height standard is exceeded in limited portions of the roof and lift overruns, covered by a clause 4.6 variation request. The application was notified from 12 March to 2 April 2026 and drew no submissions. The applicants must pay $2,500 in costs thrown away because of the amendment.

Conciliation ran 18 August to 22 September 2026 at Blakehurst. At Coogee the conference was held on 1 July 2026 and amended material was filed on 2 September 2026.

What’s next

Both consents are subject to the conditions in each judgment’s Annexure A, so the next step for each proponent is condition satisfaction and construction certification. Neither decision sets precedent on contested bonus calculations, because the parties agreed the outcome before the Court granted it.

For developers weighing the bonus, the practical read is narrower than a policy win. Where affordable housing is a firm share of gross floor area and the height and floor space limits sit within the bonus, a conciliation can end in consent after plan changes to parking, flood response and building form.

The editorial desk will track further LEC bonus decisions. For wider context on approvals and appeals across the city, see the Sydney hub.