Meet the Mosman accountant fighting the state’s housing reforms in court

3 months ago 25

Fearing the prospect of new unit blocks “decimating” the character of Sydney’s suburban streetscapes, a Mosman resident is launching a landmark legal challenge against the NSW government’s housing reforms.

Judith Pearson is believed to be the first private citizen in NSW to launch court action against the NSW government’s low- and mid-rise housing reforms amid fears increased density will impose unacceptable impacts on some of Sydney’s most sought-after suburbs.

Judith Pearson has enlisted the help of lawyers and planning experts.

Pearson, who has lived at a home perched on the Balmoral slopes for more than 30 years, is willing to spend up to $500,000 in legal costs as part of her challenge, which commenced in the Land and Environment Court last week.

The housing reforms, introduced by the NSW government, have made it easier for developers to build new apartment buildings up to six storeys high within 800 metres of transport hubs and town centres, as part of a goal of addressing the state’s housing shortage.

But while the government aims to create 112,000 new homes across the state by 2030, many councils and community groups have strongly opposed the reforms amid fears increased density could lead to impacts such as overshadowing and loss of heritage.

Pearson, a keen gardener and community volunteer, said while she lacks a legal background, the decision to challenge the NSW government in court was easy.

“Mosman has been my home for the past 38 years, and I couldn’t just stand by and watch the value and character of what makes this area special being destroyed,” she said.

“I thought somebody has got to stop this and this is the only way to be heard and to make the government listen.

“I feel like, as a community, we need to be heard.”

Pearson – who runs a small accountancy business – has enlisted the help of lawyers and planning experts as part of her grassroots legal challenge.

The case will argue the “one size fits all” planning reforms, which supersede local planning controls, present detrimental impacts on established suburbs and should be declared “invalid”.

The view of Balmoral Beach where battle lines are being drawn over the government’s push for more housing.

If successful, the court action could have implications for the NSW government’s goal of meeting nationally ratified housing accord targets, which aim to create 1.2 million new homes across Australia by 2030.

Pearson said she was not “anti-housing” but believes the government’s drive to ease the housing crisis is coming at an undue cost.

“It seems the government is targeting affluent council areas like Woollahra, Mosman and Hunters Hill,” she said.

“Mosman has grown organically over decades and all of a sudden, beautiful heritage homes are at risk of being knocked down and replaced with bland, residential blocks.

Mosman has a target of 500 new homes by 2029

“Someone asked me if [the court challenge] is about being ‘entitled’ and my reply to that was: ‘Yes, we are entitled because we’ve worked hard to live here’. I am entitled to live here.

“I chose to make Mosman my home and I can’t stand by and watch the government run roughshod over it.”

The reforms include specific housing targets for each local government area across Sydney, with Mosman set a goal of 500 homes by 2029 – far lower than other inner-city councils such as the 5900 target in North Sydney and 2400 target in Waverley.

Several councils, including Mosman and Woollahra, have previously considered launching similar legal challenges against the low and mid-rise housing reforms.

However, no council has followed through with court action – largely due to the cost and uncertainty over the prospect of success.

Ku-ring-gai Council launched a separate Land and Environment Court challenge against the NSW government’s transport-oriented development planning reforms last year, and further hearings are scheduled in November.

Since the mid-rise housing reforms came into effect in February, Mosman Council planning records show two mid-rise development proposals have been lodged within the local government area, including a $43.9 million plan to turn five homes on Awaba Street into a six-storey apartment building with 29 units.

The proposal already sparked a public petition and 86 written submissions from neighbours who argue the development could lead to excessive traffic congestion, noise, loss of trees, and impacts on surrounding heritage.

A concept photo of the six-storey apartment building proposed in Awaba Street, Mosman

Other sought-after Sydney suburbs are also reporting a rise in new unit block proposals, including two new apartment buildings under assessment in Rose Bay.

Speaking at a council meeting last week, Woollahra Mayor Sarah Swan said the council remains concerned over the cumulative impact of the housing reforms.

“It’s a very difficult situation in which we find ourselves because the state government is not listening to us,” she said.

“The plain hard fact of it is that they don’t care, and it’s difficult to make a state Labor government care about [impacts such as] flooding issues in Woollahra.”

Woollahra Mayor Sarah Swan says her council is concerned about the impact of the housing reforms.

A Department of Planning spokeswoman said the government was unable to comment on the legal case, but insisted the low- and mid-rise housing policy was aimed at “restoring choice and diversity” by “filling a gap in new housing supply that had been left unaddressed for decades”.

NSW Planning Minister Paul Scully, in a letter to Mosman Council on July 17, stated he expects suburbs including Mosman and Balmoral to “take additional growth to alleviate the housing challenge”.

Pearson said she was uncertain whether her appeal would be successful, but said it’s a fight she is willing to have.

“The main reason I’m doing it is for the local community because, as a community, we need our voices to be heard and be listened to,” she said. “It’s about taking a stand.”

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