Sherman v Newcastle City Council [2019] NSWLEC 1238

Sherman v Newcastle City Council [2019] NSWLEC 1238

The development is appropriately characterised as tourist and visitor accommodation, not as a serviced apartment. This use is permissible with consent in the applicable residential zone. The proposed management measures and consent conditions are sufficient to mitigate amenity impacts; there are no grounds in the zone objectives or impacts that warrant refusal. The appeal is upheld and consent granted.

Parties
Applicant: Adam Sherman; Respondent: Newcastle City Council
Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Class 1 Appeal / Final Judgment and Orders
Outcome
Appeal upheld; development application approved
Legal Topics
Land Use, Tourist and Visitor Accommodation, Serviced Apartment Classification, Residential Zone Objectives, Amenity Impacts, Development Application Appeal
Environmental Planning Local Government Land Use Tourist and Visitor Accommodation Serviced Apartment Classification Residential Zone Objectives Amenity Impacts Development Application Appeal

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Parties

Adam Sherman

Applicant

Newcastle City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment and Orders

Legal Issues

  1. 1 Whether the proposed development is properly characterised as a serviced apartment or tourist and visitor accommodation
  2. 2 Whether serviced apartments are a prohibited use in R2 Low Density Residential zone
  3. 3 Whether the development is consistent with zone objectives

Ratio Decidendi

The development is appropriately characterised as tourist and visitor accommodation, not as a serviced apartment. This use is permissible with consent in the applicable residential zone. The proposed management measures and consent conditions are sufficient to mitigate amenity impacts; there are no grounds in the zone objectives or impacts that warrant refusal. The appeal is upheld and consent granted.

Court Disposition

Appeal upheld; development application approved

Orders

  • Leave is granted to amend the Plan of Management for the proposed development to the version dated 1 May 2019 and included as Annexure 'A'.
  • The appeal is upheld.