LFD Homes Pty Ltd ATF The LFD Homes Unit Trust v The Council of the City of Sydney (No 2) [2026] NSWLEC 1354
Before: O’Neill C · NSW Land and Environment Court
Summary
The application involves an existing boarding house, which falls within the definition of “low-rental residential building” in s 45 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP). As the boarding house is in Paddington, it is within the area described as the Eastern Harbour City, so that Part 3 of the Housing SEPP applies to the boarding house: s 46(1) (Appeal Judgment at [5]). Section 47(2) of the Housing SEPP specifies relevant matters that a consent authority must take i
Catchwords
DEVELOPMENT APPLICATION – remitter after appeal on a question of law – change of use from a boarding house to attached dwellings
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. D/2023/700 for the conversion of a boarding house to provide four attached dwellings with associated alterations and additions, and subdivision of the site from two lots into four lots, at 58-64 Selwyn Street, Paddington, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibit 1, are returned.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, State Environmental Planning Policy (Housing) 2021 Pt 3, ss 45, 46, 47, 48 Sydney Local Environmental Plan 2012
Read the full judgment
Authoritative text on NSW Caselaw · ~21k words
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