Universal Property Group Pty Ltd v Blacktown City Council

[2020] NSWCA 106

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Planning schemes and instruments
3. › State Environmental Planning Policies
4. › Secondary dwellings
5. › Site area and minimum lot size
6. › Whether minimum lot size requirement overridden by Affordable Housing SEPP
7. › State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW), cl 22
8. › State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (NSW), cl 4.1AC
1. Statutory Interpretation
2. › Amendment and repeal
3. › Implied repeal
4. › Harmonious construction
5. › Conflict between State Environmental Planning Policies
6. › Whether capable of harmonious construction
7. › Requirement for actual contrariety
1. Statutory Interpretation
2. › Amendment and repeal
3. › Implied repeal
4. › Paramountcy clauses
5. › Clauses in separate instruments each purporting to control inconsistency by prevailing over the other
6. › Effect of each clause
7. › Whether earlier enactment can control effect of later enactment

Quick Take

The Court held that the minimum lot size requirement in cl 4.1AC of the Growth Centres SEPP is not overridden by cl 22(4) of the Affordable Housing SEPP for secondary dwellings within principal dwellings on lots smaller than 450m², and that 'lot size' and 'site area' are distinct concepts in the planning framework.