The Court held that where cl 6.6(2)(b) of the KLEP requires a minimum lot dimension of 30m and s 159 of the Housing SEPP requires a minimum lot width of 21m at the front building line, an inconsistency arises when a lot is less than 30m wide, and s 8 of the Housing SEPP causes s 159 to prevail, permitting development on a lot with a 25.4m frontage. The Court rejected the applicant's argument that cl 6.6 merely requires an inscribed 30m x 30m square within the lot, holding the standard applies to the lot's actual minimum dimensions. On height, the Court upheld a cl 4.6 variation for a 34.21m building against a 28.6m standard (inclusive of the 30% affordable housing bonus under s 16 of the Housing SEPP), finding the exceedance was partly attributable to localised prior excavation distorting the height plane and that rooftop communal facilities serving affordable housing residents supported the objectives of the standard. The Court also determined that a deferred commencement condition was appropriate to resolve the need for a stormwater easement over Council land, rather than requiring adjournment for Class 3 proceedings.
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