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

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

Given the issues are critical and dispositive, facts are not in issue, and the parties agree to an agreed statement of facts, it is appropriate to order separate determination of the identified legal questions.

Parties
Applicant: EPS Constructions Pty Ltd; Respondent: Holroyd City Council
Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Development Appeal / Separate Questions Ordered Prior to Other Questions in Proceedings
Outcome
Order for separate hearing and determination of questions; procedural directions made.
Legal Topics
Separate Question Procedure, Prohibited Development, Residential Flat Buildings, Mixed Use Development, Application of SEPP (affordable Rental Housing) 2009
Planning Law Environmental Law Separate Question Procedure Prohibited Development Residential Flat Buildings Mixed Use Development Application of SEPP (affordable Rental Housing) 2009

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Parties

EPS Constructions Pty Ltd

Applicant

Holroyd City Council

Respondent

Procedural Posture

Development Appeal / Separate Questions Ordered Prior to Other Questions in Proceedings

Legal Issues

  1. 1 Whether the applicant's development application is for prohibited development as per s 4(1) Environmental Planning and Assessment Act 1979 and cl 9 Holroyd LEP 1991.
  2. 2 If not prohibited, whether cl 10(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009 applies to the application.

Ratio Decidendi

Given the issues are critical and dispositive, facts are not in issue, and the parties agree to an agreed statement of facts, it is appropriate to order separate determination of the identified legal questions.

Court Disposition

Order for separate hearing and determination of questions; procedural directions made.

Orders

  • Order that specific legal questions be determined separately and in advance of any other questions in the proceedings.
  • Parties to file and serve an agreed statement of facts and submissions by 7 February 2014.