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Sydney Court Blocks Developer’s Plan for Luxury Apartment Conversion

A property developer has been denied permission to convert a historic boarding house in Sydney into luxury apartments, a decision that advocates hope will set a significant precedent for affordable housing in New South Wales. The NSW Land and Environment Court ruled against LFD Developments on October 26, 2023, after the City of Sydney rejected the proposal to transform the 32-room boarding house located in Paddington into four upscale residences. The court highlighted concerns regarding social impact and the potential loss of affordable housing as primary reasons for the ruling.

The Selwyn Street boarding house has long served as a refuge for vulnerable residents, particularly low-income individuals. Following the purchase of the property by LFD Developments, eviction notices were issued to residents last October. Despite the legal victory, the ruling comes too late for many, as approximately 30 residents, including several elderly men, have already been displaced.

Among those affected is Jeff Elliott, who lived at the boarding house for over 20 years. He expressed mixed feelings about the court’s decision, noting that while it represented a victory, it also reflected the harsh reality of their eviction. “Boarding houses are important to the community; it keeps people off the streets,” Elliott said, recalling his struggles after losing his mother at a young age.

Community Reaction and Future Implications

The court’s ruling has sparked discussions among local officials and community advocates. Clover Moore, the Lord Mayor of Sydney, stated she is reviewing the judgment in detail and urged the state government to amend planning legislation to safeguard vulnerable populations. “Today, the court decision was in our favour, but ultimately, councils should not be the sole protectors of housing for our most vulnerable residents,” Moore said.

The council previously attempted to purchase the property to preserve it as affordable housing, but the offer was declined by the developer. LFD Developments still has the option to appeal the ruling, which does not mandate the continuation of the boarding house’s operations, but simply rejects the proposed conversion.

Community advocate Mike Mannix expressed concern for the residents, noting that the majority are unlikely to reconnect. He highlighted the ongoing need for affordable housing in the area, stating, “There are thousands of other people out there that can fill those rooms tomorrow.”

Significance of the Ruling

This legal decision is viewed as a potential turning point for similar cases in the region. Sylvie Ellsmore, a Sydney Greens councillor, emphasized the importance of preserving low-income housing in urban areas. “The court ruled that the boarding house needed to be protected because it provided really important low-income housing in the inner city,” she noted.

Advocates for affordable housing have welcomed the ruling as a significant step toward addressing the ongoing housing crisis affecting many communities. Ned Cooke, team leader of the Inner Sydney Tenants Advice and Advocacy Service, described the ruling as a “huge win for diverse, vibrant, and inclusive communities.” He added that this decision helps to address the systemic lack of investment in affordable housing and the inadequate protections for marginalized renters.

As Sydney grapples with a growing housing crisis, the implications of this ruling may resonate beyond the local area, potentially influencing future developments and policies aimed at preserving affordable housing. The case serves as a reminder of the importance of community voices in shaping urban development and ensuring that vulnerable residents have access to safe and affordable living conditions.

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