Khoury v Holroyd City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Khoury v Holroyd City Council [2013] NSWLEC 1236

Hearing dates:

21 November 2013

Decision date:

11 December 2013

Jurisdiction:

Class 1

Before:

Fakes C

Decision:

1. Mr Robert Khoury, owner of premises on Lot 24 DP 26984 known as 36 Frances Street, South Wentworthville, NSW is to cease the use of those premises as an unauthorised boarding house within 60 days of the service of a sealed copy of this order on the applicant.

2. The exhibits, except 1, are returned.

Catchwords:

Section 121B Order; use of premises as an unauthorised boarding house; substantial non-compliance with aspects of the BCA; safety of residents

Legislation Cited:

Boarding Houses Act 2012
Civil Procedure Act 2005
Environmental Planning and Assessment Act 1979
Holroyd Local Environmental Plan 1991
Holroyd Local Environmental Plan 2013
Land and Environment Court Act 1979
Standard Instrument (Local Environmental Plans) Order 2006
State Environmental Policy (Affordable Rental Housing) 2009

Cases Cited:

Holroyd City Council v Khoury (No 3) [2011] NSWLEC 210

Category:

Principal judgment

Parties:

Mr Robert Khoury (Applicant)
Holroyd City Council (Respondent)

Representation:

Applicant: Mr R Khoury (Litigant in person)
Respondent: Mr M Wright (Barrister)
Solicitors
Respondent: Matthews Folbigg Pty Ltd

File Number(s):

10472 of 2013

Judgment

1. COMMISSIONER: This is an appeal under s 121ZK of the Environmental Planning and Assessment Act 1979 (the Act) made by the applicant, Mr Khoury, in respect of a s 121B(1) Order (the order) issued by Holroyd City Council on 23 May 2013.

1. Mr Khoury seeks orders for his appeal to be upheld and the order to be 'dismissed' or revoked.

1. The order requires the applicant to cease the use of premises on Lot 24 DP26984, known as 36 Francis Street, South Wentworthville, NSW as an unauthorised boarding house by 22 July 2013.

1. The reasons for the order, in accordance with s 121L of the Act, are:

(1) Inspection of the premises reveals that the premises are being used as an unauthorised boarding house with 10 sole occupancy units having been constructed within the external envelope of the building. The current use of the building is as a Class 3(a) building as defined in Part A3.2 Volume One of the 2013 Building Code of Australia.

The approved classification of the building is as two Class 1(a) attached dual occupancy dwellings as defined in Part A3.2 Volume One of the 2013 Building Code of Australia [BCA].

(2) At the time of original inspection on 24 April 2013, 10 persons variously occupying 5 sole occupancy units were spoken to. All persons spoken to indicated that they were renting a room and nominated you, Robert Khoury, as their landlord.

At the time of the subsequent inspection on 23 may 2013, 4 persons variously occupying 4 sole occupancy units were spoken to. All persons spoken to indicated that they were renting a room and nominated you, Robert Khoury, as their landlord.

(3) A search of Council records indicates development consent for use of the premises as a…