Storty [2024] NSWLEC 1397, Salisbury [2024] SASC 92
In Storty, it was said that development consents, as statutory instruments, are interpreted the same way as statutes5. They are to be read in the standard ‘text>context>purpose’ way6, as a whole, and so as not to undermine the statutory scheme in question7. In Salisbury, it was said planning codes are not to be construed by ‘slavish adherence’ to interpretation principles8. This is because they adopt the language of planning objectives ‘not legal mandates’.
How are these statements to be reconciled? The iNOW! answer is that the ordinary interpretation principles always apply, but that the building code context influences how they are applied in practice.
This principle is from Episode 113 of interpretation NOW!
Footnotes:
5 Hitchcock [2022] NSWLEC 81 [63], Kovacevic [2016] NSWCA 346 [83].
6 Omaya [2020] NSWLEC 9 [31], SZTAL [2017] HCA 34 [14].
7 Taylor [2014] HCA 9 [39], cf Episode 5.
8 Lakshmanan [2010] SASCFC 15 [6] cited.