Gray v Sutherland Shire Council [2015] NSWLEC 1102

Land and Environment Court New South Wales

Medium Neutral Citation: Gray v Sutherland Shire Council [2015] NSWLEC 1102 Hearing dates: 4 March 2015. Further submissions filed 8 & 13 April 2015 Decision date: 21 April 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: boarding house, social impact, density, impact on character of the area Legislation Cited: Sutherland Shire Local Environmental Plan 2006; State Environmental Planning Policy (Affordable Rental Housing) 2009; Environmental Planning and Assessment Act 1979 Cases Cited: Newbury Council v Secretary of State for the Environment NDSC [1981] [AC578]; Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315; Amazonia v City of Sydney [2014] NSWLEC 1247; Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004) 221 CLR 30 Texts Cited: Sutherland Shire Housing Strategy 2012 Category: Principal judgment Parties: Robert Gray (Applicant)

Sutherland Shire Council (Respondent) Representation: Solicitors: Mr G McKee McKees Legal Solutions (Applicant)

Mr G Green Pikes & Verekers Lawyers (Respondent) File Number(s): 10639 of 2014

Judgment 1. Mr Gray lodged Development Application DA13/0763 with Sutherland Shire Council on 23 August 2013 seeking consent to demolish two existing dwellings and construct a two storey boarding house containing 23 rooms, one of which is to be a manager's room, and associated facilities at Nos 58 and 60 Karimbla Road, Miranda. The council refused consent on 17 February 2014 and Gray is appealing that decision. 2. The main issue in the case relates to the potential social impact of the development.