Universal 1919 Pty Ltd v 122 Pitt Street Pty Ltd

The appeal concerned a dispute between Universal 1919 Pty Ltd (appellant) and 122 Pitt Street Pty Ltd (respondent) regarding alleged unauthorised development. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the appellant had engaged in "development" as defined by the *Environmental Planning and Assessment Act 1979* (NSW) by carving into the cement render of a wall, and consequently, whether development consent was required and had not been obtained. A further issue was whether the common law right to procedural fairness had been excluded by the operation of Schedule 5 of the Act.

The court found that the carving into the cement render constituted "development" under section 4.2 of the Act, as it involved the carrying out of a work. The court also determined that the legislative intent of Schedule 5 was plain, and it operated to exclude the common law right to procedural fairness in the circumstances of the case. The court concluded that the appellant had not obtained the necessary development consent.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.