Expert Evidence

Pepperfield 6 Wiseman Road Pty Ltd v Wingecarribee Shire Council

Pepperfield Lifestyle Resort

JSA prepared a Social Impact Assessment for the proposed expansion of a Seniors Living Village in Bowral. The Development Application had been refused and Dr Stubbs was subsequently engaged as the Social Planning Expert in the Land and Environment Court proceedings for the Applicant.
The Social Impact Assessment included detailed survey with 47 resident-owners within the village to better understand their experience living in the village, their use and need for on-site and in-community facilities and services, and the nature of concerns they had about the proposal and suggestions for mitigations that may address their concerns. The findings of the assessment informed the location and function of the new community building and the development of alterations and additions plans for existing communal facilities to facilitate social integration between the existing and new residents and ensure that the facilities were able to meet the capacity needs of the expanded village.
The appeal was upheld and the application was approved, subject to conditions of consent.
Pepperfield 6 Wiseman Road Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1078

Lake Illawarra Park Pty Limited v Wollongong City Council

Lake Illawarra Park Pty Limited

JSA prepared a Social Impact Assessment in relation to an application to modify existing development consents granted by the NSW Land and Environment Court in December 2020 for the continued use of land at Windang as a caravan park with a maximum of 204 long term dwelling sites, known as Jettys by the Lake at Windang. The conditions of consent required that all existing moveable dwellings in the park comply with updated requirements to mitigate flood risk. Compliance would involve considerable physical works and associated costs for each dwelling, most of which are owned by resident occupants. The Applicant was seeking to modify the some of the conditions of consent due to significant adverse social and economic impacts on existing residents of the caravan park that are likely to result from likelihood of to comply with the required works.
JSA undertook a detailed survey with 53 randomly selected households living in the caravan park that would be affected by the conditions of consent. Many residents surveyed had lived in the park for more than 20 years, were aged over 70 and had significant health or mobility issues. Most residents surveyed had limited financial capacity such that they would ultimately be rendered homeless to comply with the conditions.
Dr Stubbs was engaged as the Social Planning Expert for the Applicant in Land & Environment Court proceedings.
The appeal was upheld and the application approved. The conditions of consent were amended to allow for existing residents’ homes to be maintained in their current position until the existing structure is at the end of its useful asset life.
Lake Illawarra Park Pty Limited v Wollongong City Council [2024] NSWLEC 1027

Proposed Seniors Housing Development in Merimbula

JFPG004 Pty Ltd

JSA prepared a Socio-Economic Impact Assessment (SEIA) for a proposed seniors housing development located two kilometres from the town centre in Merimbula. The development contained 86 self-contained independent living units and associated facilities including function room, games room, library, gym, bowling greens and clubhouse, swimming pool and men’s shed. The SEIA was prepared following an appeal of the deemed refusal of the Development Application by Bega Valley Shire Council. The application was formally refused by the NSW Southern Regional Planning Panel.
The SEIA included mapping and statistical analysis of the socio-economic, service and land use context of the proposed development, a technical assessment of distances and gradients with regard to criteria in SEPP (Housing) 2021; as well as considered the likely population change from the development, supply and demand for seniors housing, housing affordability of the proposed development, and crime context of the locality. JSA conducted a door-knock survey of neighbouring residents.
Dr Stubbs subsequently engaged as the Social Planning Expert for the Applicant in Land & Environment Court proceedings. The appeal was upheld and development consent was granted subject to conditions of consent.
JFPG004 Pty Ltd ATF JFPG004 Unit Trust v Bega Valley Shire Council [2024] NSWLEC 1185
https://www.caselaw.nsw.gov.au/decision/18ed0cf2f4a5d4cc8d2caf3f

Expert Evidence on the Social Impact of proposed packaged liquor licenses in two regional NSW communities

Crown Solicitor’s Office

Dr Stubbs is providing evidence for the Crown Solicitor’s Office, which is acting on behalf of the Independent Liquor and Gaming Authority in separate administrative review proceedings in the NSW Civil and Administrative Tribunal (NCAT), regarding the social impact of proposed packaged liquor licenses under the Liquor Act 2007 in the two regional NSW communities.
JSA has undertaken a comprehensive review of relevant literature; analysis of crime, health and socio-economic data; assessment of the physical and demographic characteristics of the immediate localities of the proposal sites; and review of submissions received for the two proposals.

Iris Hotels Casula Property Pty Ltd v Liverpool City Council [2022] NSWLEC1520

Liverpool City Council

Dr Stubbs acted for Liverpool Council as their Social Planning Expert in relation to an Appeal by Iris Hotels following the deemed refusal of a Development Application for the demolition of an existing motel and construction of a four-storey building containing a pub and hotel accommodation.

The case considered the site suitability, site isolation and social impacts of the proposed development.  In particular, Dr Stubbs’ evidence considered the characteristics of the relevant locality including its high level of disadvantage based on its SEIFA Disadvantage index scores and ranking within NSW; as well as the likely adverse social impacts of the proposal including a significant increase in alcohol-related harm and alcohol-related crime, amenity impacts related to noise, nuisance and annoyance from patrons; vehicle and pedestrian safety in surrounding streets and potential issues related to accommodation provided with the licensed hotel for guests who may be more vulnerable with regard to ready access to alcohol.

The appeal was dismissed and the development application was refused. For a copy of the Land and Environment Court Decision click here.

St Mary’s & St Mina’s Coptic Orthodox Church v Bayside Council [2021] NSWLEC 1520

St Mary’s & St Mina’s Coptic Orthodox Church

JSA prepared a comprehensive Plan of Management for St Mary and St Mina’s Coptic Orthodox Church as part of its appeal against the refusal of its Development Application for a Child Care Centre and basement carpark to its site in Bexley, which included changes to the operations of the existing Church and College on the site.
The comprehensive Plan of Management was developed to ensure that the new use could be safely and effectively incorporated alongside all existing site uses; and provided detailed protocols to address site and neighbourhood amenity impacts associated with pedestrian and vehicular movement, parking, peak periods and special events, maintenance, evening use of outdoor spaces, noise and community feedback and complaints procedures.
JSA worked closely with Church representatives and their legal and design team throughout the Land and Environment Court Section 34 conciliation process to ensure that the comprehensive Plan of Management met Bayside Council’s requirements and would be able to be effectively implemented by the Church.
The appeal was upheld and the application approved subject to conditions of consent.
https://www.caselaw.nsw.gov.au/decision/17ba44791aca33138652ad03

Mid-Coast Council ats Ingenia Communities Pty Ltd [2021] NSWLEC 1131

Mid Coast Council

Dr Stubbs provided social planning expert evidence in the Land and Environment Court for Mid-Coast Council in relation to staged alterations and additions to an existing caravan park at Blueys Beach. The proposed changes included a large portion of the existing short term tourist accommodation and some long-term residents being displaced by a long term residential development in the form of a manufactured home estate.
Contentions addressed by Dr Stubbs included: the impact on tourist accommodation in the locality; the lack or adequacy of community facilities proposed for short and long term residents; the inadequate low cost housing, or land for low cost housing for the existing long-term residents who would be displaced from the site due to its redevelopment; and the lack of access to services and facilities, on site or within the locality, to meet the needs of the increased number of permanent older residents who would live on site, including people with limited mobility and medical and service needs related to ageing in the context of lack of walkability in the immediate locality.
The appeal was upheld subject to Conditions of Consent which included protecting homeowners on existing site agreements and remedies for possible damage during redevelopment or if relocation was required, whether inside or outside the park.
https://www.caselaw.nsw.gov.au/decision/178234e9e818b0b4493d309d#

Liquid Gold 888 Pty Ltd v Penrith City Council [2021] NSWLEC 1497

Advanced Group Australia Pty Ltd

JSA provided expert evidence regarding social impacts and the development of a robust Plan of Management as part of an appeal against the deemed refusal of a Development Application for a boarding house in Kingswood. Dr Stubbs worked closely with the Applicant and their legal and design team through the Land and Environment Court Section 34 conciliation process. The Court found that the proposal was compatible with the R3 Medium Density zoned area within the Health and Education precinct established by Penrith City Council. The boarding house would target key workers in health, hospitality and university.
The appeal was upheld and the application approved subject to conditions of consent.
https://www.caselaw.nsw.gov.au/decision/17b81106673acb295dd5b3a1

Feng v Willoughby City Council [2021] NSWLEC 1222

Willoughby City Council

Dr Stubbs provided expert evidence for Willoughby City Council as part of an appeal against the refusal by the Willoughby Local Planning Panel of a Development Application for a sex services premises in Artarmon. There were questions as to whether the application met the requirements of the local planning controls (LEP and DCP) which set out specific locational standards for sex services premises due to potential adverse amenity and social impacts associated with the clustering of such premises. JSA undertook primary research to better understand the nature and impact of the four existing massage parlours and sex service premises operating within the shopping strip and 100 metres from the proposed development site, as well as a CPTED assessment of the proposal site regarding the safety of workers, patrons and public.
The appeal was dismissed and the development application was refused.
https://www.caselaw.nsw.gov.au/decision/1792feea56e6cfa62da62aa0

Expert evidence of the social impacts of removing limits to trading hours of a licensed premises adjacent to PointsBet Stadium (Shark Park) prior to and following NRL Games

NSW Crown Solicitor’s Office

Dr Stubbs provided expert evidence to the NSW Civil and Administrative Tribunal (NCAT) on the social impacts of removing limits to the trading hours of a Dan Murphy’s take-away liquor store adjacent to Shark Park, the home ground of the Cronulla Sharks National Rugby League (NRL) team.

The existing license to operate the Dan Murphy’s included a condition that there be no trade two hours before and two hours after a First Grade NRL game being played at the Stadium. Dan Murphy’s applied to the NCAT to appeal that decision of the Independent Liquor and Gaming Authority and proposed that the condition be amended to remove limits on trading hours around game times. The Independent Liquor and Gaming Authority sought to retain the condition but proposed to reduce the limits on trading around game times to 90 minutes before and after.

Dr Stubbs provided comprehensive evidence regarding the social impacts of removing the limits to trading hours around game times on the Stadium, League Club and immediate environs of the site and the impacts on the local neighbourhood and wider community. Her evidence was based on an extensive review of academic and other literature, analysis of secondary demographic and crime data, primary research and site observations at First Grade NRL games held at this and another stadium and an analysis of NSW Police’s Computerised Operational Policing System (COPS) reports for the area before and after game times in recent years.

The Tribunal accepted Dr Stubbs’ evidence and agreed that the removal of limits to trading hours around game times is likely to lead to an increase in alcohol-related harm on game days and have a detrimental impact on the well-being of the local community. The Tribunal accepted the proposal of the Authority to maintain limits to trading before and after games to 90 minutes.

Scott-Mackenzie v Independent Liquor and Gaming Authority [2020] NSWCATAD 108

https://www.caselaw.nsw.gov.au/decision/5e9ce626e4b0f66047ed8b1b

Expert evidence of the social impacts of the North East Link Project for the City of Manningham, Victoria

City of Manningham

Dr Stubbs recently provided expert evidence on the social impacts of the North East Link Project, specifically on the City of Manningham, to the Inquiry and Advisory Committee established to consider the environmental effects of the project and report to the Minister for Planning.

The North East Link Project is a freeway connection between the M80 Ring Road and Eastern Freeway that will provide a completed orbital connection around the city. The Project will affect the local government areas of Banyule, Boroondara, Manningham, Nillumbik, Whitehorse, Whittlesea and Yarra; as well as the Greater Melbourne metropolitan area.

JSA was engaged to consider the social impacts of the Project on the City of Manningham in Melbourne’s northeast. Best practice in social impact assessment involves identifying the distribution of impacts.  Positive and negative impacts (costs and benefits) of an infrastructure project are often distributed differently across geographic areas and/or scales. The adverse impacts of projects are likely to be highly localised, whereas the positive impacts more widely experienced.

A comprehensive social impact assessment that considers differential impacts of a project, such as for local areas within Manningham LGA as well as the Greater Melbourne metropolitan area, is an important part of properly identifying negative impacts and determining whether those impacts can be avoided, appropriately mitigated wherever possible or properly compensated where mitigation is more problematic.

Tabled Documents – 29c. Manningham City Council – Judith Stubbs – Expert Witness Report – Social Impacts – 15 07 2019

https://engage.vic.gov.au/north-east-link-project/north-east-link-project-tabled-documents

Debgar Holdings Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1130
Debgar Holdings Pty Ltd

Dr Stubbs provided expert evidence to the NSW Land and Environment Court on the social impacts associated with the conversion of an existing dwelling (formerly a guest house) to a transitional group home, to be known as the Riverina Recovery House, that will provide care and accommodation for drug or alcohol rehabilitation.
JSA prepared a comprehensive assessment of the likely social impacts of the proposal in the locality, including the suitability of the site, the nature and reasonableness of public submissions and related matters in the public interest. Primary research activities undertaken included site assessment and doorknock surveys of neighbours around five other residential drug and alcohol rehabilitation facilities in NSW to better understand the experiences and perceptions of neighbours of facilities similar to the proposal.
The applicant’s appeal was upheld, with the Court finding that the site was a suitable location for the proposed development and that the proposed Plan of Management would address any potential risk of amenity impacts to residents that may arise. The Court noted that the services provided by the Riverina Recovery House are needed and that it will be of benefit to the community of NSW. The Riverina Recovery House will be the first private, residential drug and alcohol rehabilitation facility in Wagga Wagga.

https://www.caselaw.nsw.gov.au/decision/5c9d8361e4b0196eea4058a1

Suh v Liverpool City Council and Casula Community Group for Responsible Planning Inc No. 2 [2016] NSWLEC 1596
Liverpool City Council

Dr Stubbs provided expert opinion of the likely social impacts of a proposal to develop a hotel on the Hume Highway at Casula. The assessment considered social and economic impacts in the locality, the suitability of the site, the nature and reasonableness of public submissions regarding the proposal and related matters in the public interest.

The applicant’s appeal was dismissed, with the Court finding that the risk of adverse social impacts of the proposal outweighed the potential benefits.

https://www.caselaw.nsw.gov.au/decision/5850cfb3e4b0e71e17f55f10

Rianon Mateer v Lane Cove Council [2014] NSWLEC 1152
Mr Rianon Mateer

Dr Stubbs provided expert opinion on social planning matters for the applicant of a proposed 20 room ‘new generation’ boarding house in Lane Cove under the requirements of the State Environmental Planning Policy (Affordable Rental Housing) 2009.  The applicant’s appeal was upheld, with the Court finding that the benefit of providing affordable housing to low and moderate income earners in the area outweighed a slightly increased risk of adverse social impacts.

https://www.caselaw.nsw.gov.au/decision/54a63ed53004de94513dc276

Motto Farm Pty Limited v Port Stephens Council [2011] NSWLEC 1293
Port Stephens Council

JSA provided comprehensive expert evidence on social planning and the likely social and economic impacts proposed change of use of part of an existing restaurant and motel to a hotel on the Pacific Highway at Heatherbrae.

Dr Stubbs provided expert social planning evidence and John Storer provided expert evidence regarding the economic impacts and risk assessment of road and pedestrian safety associated with the proposal.

The applicant’s appeal was dismissed, with the Court finding that the potential impact on pedestrian safety and the proximity of disadvantaged groups in the immediate locality, many of whom lack vehicle availability, warranted refusal.

https://www.caselaw.nsw.gov.au/decision/54a635ce3004de94513d8f18