Universal 1919 Pty Ltd v 122 Pitt Street Pty Ltd

[2020] NSWCA 50

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Procedural fairness
3. › Exclusion by statute
4. › Whether common law right to procedural fairness excluded by statutory scheme
5. › Whether statutory specification of notice requirements exhaustive
6. › Environmental Planning and Assessment Act 1979 (NSW), Sch 5 cls 7, 8
1. Environment and Planning
2. › Development control orders
3. › Statutory interpretation
4. › Whether carving into cement render constitutes 'development'
5. › Whether development consent obtained
6. › Environmental Planning and Assessment Act 1979 (NSW), ss 1.5, 4.2
1. Environment and Planning
2. › Heritage
3. › Alteration of heritage item
4. › Whether carving into interior wall constituted alteration requiring approval
5. › Heritage Act 1977 (NSW), s 57(1)
1. Appeal
2. › New points on appeal
3. › Whether fresh argument may be raised where it could have been met by evidence below

Quick Take

Practitioners advising lessees affected by development control orders should note that the statutory scheme in Schedule 5 of the EPA Act exhaustively specifies the persons entitled to notice, and a lessee who is not the addressee of the DCO has no common law right to procedural fairness in relation to its making.