In Sun v Randwick City Council  NSWLEC 188, Randwick City Council issued Mr Sun an infringement notice for contravening s76A(1)(a) of the Environmental Planning and Assessment Act 1979 by carrying out development of a dwelling without development consent. The Court had to consider whether the premises was a boarding house as alleged by the Council or a dwelling in the form a share house as alleged by Mr Sun.
The Court held that the development was a boarding house. The building was wholly leased to lodgers who had their own rooms with communal facilities. The relationship between Mr Sun and the renters was consistent with that of a boarding house manager and lodger. He organised maintenance of the building, put in place rules, paid utility bills and found new renters. Mr Sun’s control of the functioning of the house and the minimal independence of the renters meant that the house was in fact a boarding house. The Court upheld the decision of the Council. Read full case