EPS Constructions Pty Ltd v Holroyd City Council [2013] NSWLEC 224

Land and Environment Court New South Wales

Medium Neutral Citation: EPS Constructions Pty Ltd v Holroyd City Council [2013] NSWLEC 224 Hearing dates: 20 December 2013 Decision date: 20 December 2013 Jurisdiction: Class 1 Before: Biscoe J Decision: (1) Order that the following questions be determined separately and in advance of any other questions in the proceedings: (i) Whether the applicant's development application is an application for "prohibited development" within the meaning of s 4(1) of the Environmental Planning and Assessment Act 1979 by reason of cl 9 of the Holroyd Local Environmental Plan 1991. (ii) If the proposed development is not prohibited, whether the applicant's development application is an application to which cl 10(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies. (2) The parties are to file and serve an agreed statement of facts and their submissions by 7 February 2014. (3) The parties are to proceed forthwith to the Registry to obtain a hearing date of one day not earlier than 14 February 2014 and not later than 1 March 2014. Catchwords: SEPARATE QUESTION - principles to guide exercise of discretion whether to order determination of separate question - whether mixed used development prohibited under Holroyd LEP 1991 or permissible as a residential flat building under Affordable Rental Housing SEPP 2009. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4(1), 82A Holroyd Local Environmental Plan 1991 cl 9 State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 10(1) Cases Cited: 820 Cawdor Road Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 8, (2013) 195 LGERA 170 Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103, (2013) 195 LGERA 182 Boensch v Parramatta City Council [2013] NSWLEC 94 Category: Separate question Parties: EPS Constructions Pty Ltd (Applicant) Holroyd City Council (Respondent) Representation: COUNSEL: A Gough, solicitor (Applicant) J P Merlino, solicitor (Respondent) SOLICITORS: Storey & Gough (Applicant) HWL Ebsworth (Respondent) File Number(s): 10887/13