Gray v Sutherland Shire Council [2016] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: Gray v Sutherland Shire Council [2016] NSWLEC 1335 Hearing dates: 8 August 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: boarding house Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Gray v Sutherland Shire Council [2016] NSWLEC 64; Gray v Sutherland Shire Council [2015] NSW LEC 1102 Texts Cited: Sutherland Shire Housing Strategy 2012 Category: Principal judgment Parties: Robert Gray (Applicant)

Sutherland Shire Council (Respondent) Representation: Solicitors: Mr J McKee McKees Legal Solutions (Applicant) Ms J Amy Sutherland Shire Council (Respondent) File Number(s): 175456 of 2016

Judgment 1. This matter comes before the Court in response to the decision of Craig J, on 1 June 2016, following an appeal under s 56A of the Land and Environment Court Act 1979 (Gray v Sutherland Shire Council [2016] NSWLEC 64). The appeal overturned the Court's refusal of Development Application No. DA13/0763 (Gray v Sutherland Shire Council [2015] NSW LEC 1102 (the original hearing) for the demolition of two existing dwellings and construction of a two storey boarding house containing 22 rooms at Nos. 58 and 60 Karimbla Road, Miranda (the site). 2. His Honour's Orders were: 1. Appeal upheld. 2. The decision and orders of the Commissioner made on 21 April 2015 are set aside. 3. The proceedings are remitted to be determined by the Commissioner in accordance with the decision of this Court. 4. The respondent must pay the appellant's costs of the appeal unless within 14 days from the date of this judgment it files a notice of motion seeking a different order.