Peter Jackson and Alistair Knox were successful acting for an inner city Council opposing the conversion of an existing two storey, 10 bedroom boarding house into a four storey, 24 bedroom boarding house, with a caretaker's room, common room and basement car parking.

The application was made under State Environmental Planning Policy (Affordable Rental Housing) 2009 ("SEPP").

In applying clause 30A of the SEPP, the Commissioner concluded that the proposal was not "compatible with the character of the local area" because the design of the boarding house was not harmonious with surrounding development.  There was a stark contract between the proposal's four storey appearance in the streetscape and the adjacent single storey heritage item.  Accordingly, the appeal was dismissed.

Link to judgment.