Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWCA 106

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWCA 106 Hearing dates: 15 May 2020 Date of orders: 09 June 2020 Decision date: 09 June 2020 Before: Basten JA at [1]; Gleeson JA at [39]; Emmett AJA at [40] Decision: (1) To the extent necessary grant Universal Property Group Pty Ltd leave to appeal from the judgment and orders given in the Land and Environment Court on 21 November 2019.

(2) Treat the notice of appeal filed on 17 December 2019 as validly filed, to the extent that leave was required.

(3) Dismiss the appeal.

(4) Order that the appellant pay the respondent's costs in this Court. Catchwords: ENVIRONMENT AND PLANNING – planning schemes and instruments – State Environmental Planning Policies – secondary dwellings – site area and minimum lot size – whether minimum lot size requirement overridden – State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW), cl 22; State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (NSW), cl 4.1AC

STATUTORY INTERPRETATION – amendment and repeal – implied repeal – harmonious construction – conflict between State Environmental Planning Policies – whether capable of harmonious construction – requirement for actual contrariety

STATUTORY INTERPRETATION – amendment and repeal – implied repeal – clauses in separate instruments each purporting to control inconsistency by prevailing over the other – effect of each clause Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 3.24, 3.28, 4.2, 4.15, 4.25; s 74 Environmental Planning and Assessment Amendment Act 2017 (NSW) Land and Environment Court Act 1979 (NSW), s 57