Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 179

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 179 Hearing dates: 13 November 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [42] Catchwords: APPEAL - proposed secondary dwelling - compliance with minimum allotment size requirements - proposal permissible pursuant to cl 22(4)(a) of State Environmental Planning Policy (Affordable Rental Housing) 2009 - proposal prohibited by Appendix 4, cl 4.1AC of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - both State Environmental Planning Policies contain paramountcy clauses - paramountcy clauses to identical effect - neither paramountcy clause can prevail - determining which provision is to apply based on general principles of statutory interpretation - consideration of hierarchy of instruments - consideration of specificity of provisions - consideration of timing of the making of the conflicting provisions - more restrictive provision is later in time and considered to be more specific - proposed development in breach of minimum allotment size development standard DEVELOPMENT STANDARD - beneficial and facultative provision in applicable Precinct Plan permitting dispensation from applicable development standard - no application to seek dispensation from applicable development standard - all town planning issues otherwise resolved - appropriate to permit Applicant the opportunity to consider whether to apply for dispensation from compliance with development standard - self-executing order to dismiss the development appeal if Applicant does not apply to seek dispensation from compliance with breached development standard Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.13(2) and 3.28(1)(a) State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 22(4)(a) State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 4, cll 4.1AC, 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Alex Avenue and Riverstone Precincts) 2010, Sch 1[5] State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (Housing Diversity) 2014, Sch 1[21] Cases Cited: Maybury v Plowman (1913) 16 CLR 468; [1913] HCA 43 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (8th ed, 2014, LexisNexis) Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr R Lancaster SC (Applicant) Mr A Seton, solicitor (Respondent)