Young v Parramatta City Council

[2007] NSWCA 82

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Environment and Planning
2. › Planning schemes and instruments
3. › Construction and interpretation
4. › State Environmental Planning Policy 5 — Housing for Older People or People with a Disability
5. › Subdivision of land
6. › Clause 18
7. › Whether development must be completed before subdivision consent may be granted
8. › Meaning of 'carried out'
1. Environment and Planning
2. › Planning schemes and instruments
3. › Development standards
4. › Whether condition precedent to power to grant consent constitutes a development standard
5. › Essential element of permissibility of development
1. Environment and Planning
2. › Planning schemes and instruments
3. › Subdivision
4. › Minimum lot sizes
5. › Inconsistency between SEPP and local environmental plan
6. › Operation of clause 5(2) of SEPP 5

Quick Take

Clause 18 of SEPP 5 (and by analogy clause 23 of the 2004 Seniors Living Policy) requires that SEPP 5 development be completed before subdivision consent may be granted; the grant of development consent alone is insufficient. The completion requirement is a condition precedent to the power to grant subdivision consent, not a development standard capable of variation. Clause 5(2) of SEPP 5 only overrides inconsistent minimum lot size requirements in local environmental plans once the SEPP 5 development has been carried out.