Stebbing & Anor v Byron Shire Council [2012] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Stebbing & Anor v Byron Shire Council [2012] NSWLEC 1129 Hearing dates: 19-20 April, 14 May 2012 Decision date: 22 May 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development application; affordable rental housing; boarding house; compatibility with character of local area. Legislation Cited: Byron Local Environmental Plan 1988; Environmental Planning and Assessment Act 1979; Standard Instrument - Principal Local Environmental Plan State Environmental Planning Policy (Affordable Rental Housing) 2009; State Environmental Planning Policy (Affordable Rental Housing) 2011; Cases Cited: Chehade v Bankstown Council [2012] NSWLEC 1122. Project Venture Developments v Pittwater Council [2005] NSWLEC 191; Texts Cited: Byron Shire Development Control Plan 2010 Category: Principal judgment Parties: Murray Stebbing Julia Stebbing (Applicant)

Byron Shire Council (Respondent) Representation: Counsel Mr P Tomasetti SC (Applicant) Solicitors Mr M Young McCartney Young Lawyers (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 11144 of 2011

Judgment 1Mr and Mrs Stebbing own and operate an indoor sports facility at 14-16 Teven Street Brunswick Heads and sought consent from Byron Shire Council to carry out alterations and additions to that facility and change the use of the building to affordable rental housing in the form of a boarding house. The council refused consent to Development Application 10.2010.606 and the Stebbings are appealing that decision. 2The issues in the case are whether the site is suitable for the proposed use, the development is compatible with the character of the neighbourhood, an appropriate level of amenity is provided to residents of the boarding house, there will be any unacceptable amenity impacts to adjoining and nearby properties in terms of noise and privacy, adequate parking is provided and the use is consistent with the strategic plans for the area and is in the public interest.