EPS Constructions Pty Ltd v Holroyd City Council (No 2) [2014] NSWLEC 126

EPS Constructions Pty Ltd v Holroyd City Council (No 2) [2014] NSWLEC 126

The Court held that the context and subject matter of the SEPP do not exclude the extended definition of 'building' in section 4 of the Environmental Planning and Assessment Act 1979. Thus, the residential component of a building with both residential flats and attached shops can be characterised as a 'residential flat building' for the purposes of clause 10(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009, even if not consisting exclusively of dwellings. There is nothing in the SEPP's context or underlying intent that requires a contrary interpretation.

Jurisdiction
Australia
Judgment Date
25 August 2014
Procedural Posture
Appeal Class 1 Proceedings (land and Environment Court) / Determination of Separated Question Prior to Final Hearing
Outcome
Separated question answered in the affirmative; costs reserved; exhibits returned.
Legal Topics
['statutory Construction' 'interpretation of Planning Instruments' 'affordability Housing Policy' 'mixed Use Development' 'development Consent']
['planning and Environment Law'] ['statutory Construction' 'interpretation of Planning Instruments' 'affordability Housing Policy' 'mixed Use Development' 'development Consent']

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Procedural Posture

Appeal Class 1 Proceedings (land and Environment Court) / Determination of Separated Question Prior to Final Hearing

Legal Issues

  1. 1 ["Whether the applicant's development application is an application to which cl 10(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 applies"]

Ratio Decidendi

The Court held that the context and subject matter of the SEPP do not exclude the extended definition of 'building' in section 4 of the Environmental Planning and Assessment Act 1979. Thus, the residential component of a building with both residential flats and attached shops can be characterised as a 'residential flat building' for the purposes of clause 10(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009, even if not consisting exclusively of dwellings. There is nothing in the SEPP's context or underlying intent that requires a contrary interpretation.

Court Disposition

Separated question answered in the affirmative; costs reserved; exhibits returned.

Orders

  • ['The remaining separated question is answered in the affirmative.' 'The question of costs is reserved.' 'Exhibits A1 and A3 are returned.']