I am running a boarding house which was operating for more than 50 years under Existing Use Rights when purchased. The correct term under the Environmental Planning and Assessment Act Section 109(1) is actually Continuing Use Rights. It was on council records as a boarding house and class 1b building. Yet after 12 months of operation council forced a change of use of the premises to residential. I believe this was a mistake. They told me the use of the building as a boarding house was 'unauthorised' as they had searched council records and could not find any record I had ever been approved. As a new owner I did not fight it as I did not know I could. I have only recently learned that I always had been operating lawfully under Continuing Use Rights. I resumed operating within 12 months. Council is now threatening to fine me for once again 'unauthorised use of the premises' this time for operating a boarding house during the period they reclassified it as residential!! My question is: do I have to apply for council consent to RESUME continuing use rights under Section 109(1) of the Environmental Planning and Assessment Act when the same use is resumed within 12 months?
Have a look at the S149 certificate that Council printed when you purchased. This should show the usage when you bought it. As a fallback have a look at the LEP if a boarding house is an approved use with/without consent for the area. Then have a chat to a town planner.
Recommend you discuss with Dr Chris Martin through NSW Tenants Union. Google the Tennats Union tenancy manual. It includes cited UK law. There is also a common law boarding house issue to explore. He calls it marginal rental. Its not specifically provided in NSW law and yet is tolerated in some cases.
