Young v Parramatta City Council [2003] NSWLEC 198

Young v Parramatta City Council [2003] NSWLEC 198

Because the Australian Standards are mentioned only in a note to clause 25(f), and notes do not form part of SEPP 5, the standards are not incorporated by reference or otherwise into the accessibility principles in clause 25(f) and are not mandatory requirements of that provision.

Jurisdiction
Australia
Judgment Date
17 June 2003
Procedural Posture
Development Appeal / Notice of Motion Raising a Question of Law in Advance of Hearing
Outcome
The reformulated question of law was answered in the negative, in a manner favourable to the Applicant.
Legal Topics
['state Environmental Planning Policy No. 5' 'development Standards' 'australian Standards' 'accessibility Requirements' 'notes to Statutory Instruments']
['environmental Planning Law' 'statutory Interpretation'] ['state Environmental Planning Policy No. 5' 'development Standards' 'australian Standards' 'accessibility Requirements' 'notes to Statutory Instruments']

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Procedural Posture

Development Appeal / Notice of Motion Raising a Question of Law in Advance of Hearing

Legal Issues

  1. 1 ['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.']

Ratio Decidendi

Because the Australian Standards are mentioned only in a note to clause 25(f), and notes do not form part of SEPP 5, the standards are not incorporated by reference or otherwise into the accessibility principles in clause 25(f) and are not mandatory requirements of that provision.

Court Disposition

The reformulated question of law was answered in the negative, in a manner favourable to the Applicant.

Orders

  • ['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 not mandatory requirements of that provision.' "The Council's issues and particulars pertaining to clause 25(f) are to be understood as confined by the...