The Planning and Environment Court has an implied power under s 7.1A(4) of the Local Government (Planning and Environment) Act 1990 to approve a modified rezoning proposal different from that before the local authority, with the limits of that power derived by analogy from s 4.15(2) and (3). In assessing 'need' under s 4.4(3)(b), the Court is entitled to focus on the need for the particular development proposed rather than the availability of other appropriately zoned land, particularly where the rezoning is to a specific Special Facility zone. Need is not invariably a factor of weight and must be assessed in context, having regard to the nature of the proposed rezoning.
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