Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning & Or [2000] NSWLEC 20

Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning & Or [2000] NSWLEC 20

The affordable housing scheme in the LEP and DCP is invalid because it does not comply with the objects of the Environmental Planning and Assessment Act 1979, infringes Part 4 Division 6, represents a fundamental interference with proprietary rights without compensation, and is unreasonable in the Wednesbury sense. The invalid provisions are not severable, rendering the whole LEP and DCP invalid.

Parties
Applicant: Meriton Apartments Pty Ltd; First Respondent: Minister for Urban Affairs and Planning; Second Respondent: South Sydney City Council
Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed
Legal Topics
Environmental Planning Instrument, Affordable Housing Scheme, Development Control Plan, Local Environmental Plan, Proprietary Rights, Statutory Interpretation, Planning Contributions, Delegated Legislation
Administrative Law Planning Law Environmental Planning Instrument Affordable Housing Scheme Development Control Plan Local Environmental Plan Proprietary Rights Statutory Interpretation +2 more

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Parties

Meriton Apartments Pty Ltd

Applicant

Minister for Urban Affairs and Planning

First Respondent

South Sydney City Council

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Division 3 of the South Sydney Local Environmental Plan 1998 (Amendment No 2) - Green Square and the Green Square Affordable Housing Development Control Plan are valid
  2. 2 Whether affordable housing provisions are within the objects of Environmental Planning and Assessment Act 1979
  3. 3 Whether the contributions required are ultra vires or constitute a tax

Ratio Decidendi

The affordable housing scheme in the LEP and DCP is invalid because it does not comply with the objects of the Environmental Planning and Assessment Act 1979, infringes Part 4 Division 6, represents a fundamental interference with proprietary rights without compensation, and is unreasonable in the Wednesbury sense. The invalid provisions are not severable, rendering the whole LEP and DCP invalid.

Court Disposition

Application allowed

Orders

  • A declaration that the South Sydney Local Environmental Plan 1998 (Amendment No 2) - Green Square is invalid.
  • A declaration that the Green Square Affordable Housing Development Control Plan 1999 is invalid.