Stephen Bowers Architects Pty Limited v Waverley Council [2003] NSWLEC 16

Stephen Bowers Architects Pty Limited v Waverley Council [2003] NSWLEC 16

The building is a low-rental residential building within the meaning of SEPP No. 10 cl 3A(3)(b) because its last lawful use was as a boarding house, and subsequent changes were unlawful. The exception for single dwellings under cl 6(2) does not apply as the building was not designed as a single domicile and its current use as a dwelling is unlawful and must be ignored. SEPP No. 10 applies to the development application.

Parties
Applicant: Stephen Bowers Architects Pty Limited; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
13 February 2003
Procedural Posture
Appeal / Preliminary Questions of Law
Outcome
Preliminary questions answered: SEPP No. 10 applies; building is a low-rental residential building.
Legal Topics
State Environmental Planning Policy No. 10, Low Cost Rental Accommodation, Boarding House, Dwelling Definition, Presumption of Regularity
Planning Law State Environmental Planning Policy No. 10 Low Cost Rental Accommodation Boarding House Dwelling Definition Presumption of Regularity

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Parties

Stephen Bowers Architects Pty Limited

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Preliminary Questions of Law

Legal Issues

  1. 1 Whether the building at No. 28 Sir Thomas Mitchell Road, Bondi is a low-rental residential building
  2. 2 Whether the Court is required to consider the provisions of State Environmental Planning Policy No. 10 in determining the application

Ratio Decidendi

The building is a low-rental residential building within the meaning of SEPP No. 10 cl 3A(3)(b) because its last lawful use was as a boarding house, and subsequent changes were unlawful. The exception for single dwellings under cl 6(2) does not apply as the building was not designed as a single domicile and its current use as a dwelling is unlawful and must be ignored. SEPP No. 10 applies to the development application.

Court Disposition

Preliminary questions answered: SEPP No. 10 applies; building is a low-rental residential building.

Orders

  • Court is required to consider the provisions of SEPP No. 10 in determining the application