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Land and Environment Court refuses consent for “new age boarding house” under the affordable rental housing SEPP

Gary Green, one of our partners, acted for Sutherland Shire Council in an appeal against Council’s refusal of a “New Age Boarding House” under the Affordable Rental Housing SEPP at Miranda.

The proposal was for 22 dwellings varying in size from 15.4m2 to 21.79m2.

The social planning experts for both parties agreed that the current level of social housing in the locality had reached its maximum threshold, but that with the imposition of a condition restricting occupants to those having minimum incomes designed to exclude social security recipients, the social impacts would be acceptable.

The Council was successful in arguing that the appeal should be dismissed because the proposed condition could not be imposed for a proper planning purpose, having regard to the objects of the SEPP (to provide affordable housing).

Link to Judgment