Young v Parramatta City Council [2003] NSWLEC 198

> Land and Environment Court of New South Wales

CITATION : Young v Parramatta City Council [2003] NSWLEC 198 APPLICANT: Greg Young PARTIES : RESPONDENT: Parramatta City Council FILE NUMBER(S) : (1)0279 of 2002 CORAM: Bignold J KEY ISSUES: Question of Law :- Whether notation of reference to Australian Standards in SEPP No 5 renders those standards mandatory requirements LEGISLATION CITED: Interpretation Act 1987, s35 State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability cl 25(f) CASES CITED: DATES OF HEARING: 17/06/2003 EX TEMPORE JUDGMENT DATE : 06/17/2003

APPLICANT: In Person SOLICITORS: n/a LEGAL REPRESENTATIVES: RESPONDENT: A Pearman (barrister) SOLICITORS: Storey & Gough

JUDGMENT:

IN THE LAND AND (1)0279 of 2002 ENVIRONMENT COURT Bignold J OF NEW SOUTH WALES 17 June 2003

GREG YOUNG Applicant v PARRAMATTA CITY COUNCIL Respondent Judgment

1 The Court has before it a Notice of Motion brought by the Applicant in a pending development appeal for the carrying out of a two dwelling housing project under State Environmental Planning Policy No. 5 – Housing for Older People or People with a Disability (SEPP 5) on a parcel of land situate at Epping. The proceedings have been allocated a hearing date for 9 and 10 September 2003. 2 The Applicant's Motion raises the question whether the development standards contained in clause 25(f) (i), (ii) and (iii) of SEPP 5 are subject to the Australian Standards AS 4299 1995, (adaptable housing) and AS 1428.1 1992, 1993 (design for access and mobility). 3 Following some initial debate as to whether the question so formulated relevantly raised a question of law, it is preferable that the question be reformulated in the following fashion: Whether Australian Standards AS 4299 - 1995 and AS 1428 - 1992, 1993 as referred to in the note to clause 25(f) of State Environmental Planning Policy No. 5 are mandatory requirements of that provision."