NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: New Living Shoalhaven Pty Ltd v Shoalhaven City Council [2021] NSWLEC 1765 Hearing dates: 2-3 December 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. 20/1349 to convert an existing dwelling and attached secondary dwelling into a boarding house containing six boarding rooms is refused. (3) The exhibits, other than Exhibits 2, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – compatibility with local character – internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 Shoalhaven Local Environmental Plan 2014, cl 7.20 State Environmental Planning Policy (Affordable Rental Housing) 2009 Pt 2, Div 3, cll 26, 27, 28, 29, 30, 30A Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: New Living Shoalhaven Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: Jacinta Reid (Applicant) Adam Seton (Solicitor) (Respondent)
Solicitors: PDC Lawyers (Applicant) Marsdens Lawyers (Respondent) File Number(s): 2021/70849 Publication restriction: No
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