Sherman v Newcastle City Council [2019] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: Sherman v Newcastle City Council [2019] NSWLEC 1238 Hearing dates: 29 – 30 April 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend the Plan of Management for the proposed development to the version dated 1 May 2019 and included as Annexure 'A'; (2) The appeal is upheld; (3) Development Application for a change of use from a residential dwelling to tourist and visitor accommodation at Lot 16 Section J in DP 37393, 22 John Parade, Merewether is approved subject to the conditions in Annexure 'B'; (4) The exhibits are returned with the exception of Exhibits A, B and 2. Catchwords: DEVELOPMENT APPLICATION – seeks change of use of dwelling to tourist and visitor accommodation – whether the development is properly characterised as a serviced apartment – serviced apartments a prohibited use – amenity impacts on adjoining properties – certainty of plan of management and conditions of consent - appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Newcastle Local Environmental Plan 2012 State Environmental Planning Policy No 71—Coastal Protection State Environmental Planning Policy (Coastal Management) 2018 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Botany Bay City Council v Pet Carriers International Pty Ltd (2013) 201 LGERA 116; [2013] NSWLEC 147 Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400 Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379; [2006] NSWCA 155 Davies v Penrith City Council [2013] NSWLEC 1141 Friends of Pryor Park Incorporated v Ryde Council [1995] NSWLEC 160 Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 Royal Agricultural Society of New South Wales v Sydney City Council (1987) 61 LGRA 305 Tweed Shire Council v Taylor [2019] NSWLEC 45 Texts Cited: "Explanation of Intended Effect: Short –term Rental Accommodation Planning Framework", NSW Department of Planning and Environment