A property developer has been blocked from converting a Sydney boarding house into luxury apartments in what some say could be a precedent-setting legal ruling.<\/p>\n
LFD Developments took the City of Sydney to court after the council rejected its proposal to convert the 32-room boarding house in Paddington, which once provided sanctuary to vulnerable residents, into four luxury homes.<\/p>\n
The developer lost its appeal on the rejected application in the NSW Land and Environment Court on Thursday on the grounds of social impact and the loss of affordable housing.<\/p>\n
It is believed to be one of the first times a developer has lost a case on these grounds in New South Wales.<\/p>\n
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Residents at the Selwyn Street property were served eviction notices last October. (ABC News: Keana Naughton)<\/p>\n
However, the legal win has come too late for a group of about 30 mostly elderly men, who have already been forced out of the Selwyn Street boarding house.<\/p>\n
The site, which became a refuge for low income earners after World War II, was purchased by LFD Developments who then served the residents with eviction orders last October.<\/p>\n
All but one resident has now vacated the house, with the others \u2014 some of whom had lived at the property for more than half a century \u2014 scattered into a mix of social and private housing.<\/p>\n
Jeff Elliott lived at the property for more than 20 years but packed up his belongings and left only two weeks ago.<\/p>\n
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Former resident of the Paddington boarding house, Jeff Elliott, said the ruling on Thursday was a win. (ABC News: Ethan Rix)<\/p>\n
Mr Elliott said the legal battle was still a “win for the people”.<\/p>\n
“Boarding houses are important to the community; it keeps people off the streets,” he said.<\/p>\n
The Paddington boarding house did just that for Mr Elliott, who spent years sleeping rough after his mother died when he was just 14.<\/p>\n
He has since been able to secure accommodation with a family member but said he could never replace what has been lost.<\/p>\n
“I’m really pissed off with what happened because all my mates are gone,” he said.<\/p>\n
“We had a bond it was like a family.”<\/p><\/blockquote>\n
Court ruling a ‘bittersweet’ decision<\/p>\n
An offer to purchase the property by the City of Sydney and the state government was previously rejected by the developer.<\/p>\n
The developer has the option to appeal against the failed bid. LFD Developments has been contacted for comment.<\/p>\n
In a statement, Sydney Lord Mayor Clover Moore said she was reviewing the judgement “in detail” and called on the state government to review planning legislation to “avoid this devastation in the future”.\u00a0<\/p>\n
“Today the court decision was in our favour but ultimately, Councils should not be the sole protectors of housing for our most vulnerable residents,” Cr Moore said.<\/p>\n