Boarding house redevelopment decision sets precedent in the City of Sydney

In July, the NSW Land and Environment Court found in favour of the City of Sydney and their decision to deny development consent to the boarding houses at 58-60 and 62-64 Selwyn St, Paddington. Commissioner Susan O’Neill found that “the proposal would result in the unacceptable loss of affordable rental boarding house accommodation,” noting “boarding houses serve a critical role in housing a cohort of the population who are socio-economically disadvantaged and vulnerable.” 

The Court’s ruling has broader implications for boarding house occupants across NSW, concluding that privately-owned boarding houses are also a form of affordable rental housing, in addition to those managed by CHPs. This allows for the same considerations to made for privately-owned boarding houses as would be made for other forms of existing affordable rental accommodation, particularly regarding its retention. 

Shelter NSW welcomes this decision and commends the advocacy from the community and the City of Sydney to ensure that affordable rental housing in high amenity areas remains protected. However, we are disappointed with the outcome faced by the occupants, who were evicted during legal proceedings. This reinforces Shelter’s view that the best way to provide secure housing for people living on lower incomes is through the provision and construction of more social housing. Should the developer wish to sell these properties due to the decision of the Court, Shelter NSW encourages the City of Sydney and NSW Government to work to acquire these properties to provide social housing in perpetuity.  

The Commissioner’s judgment can be read in full here.