A condition attached to a development approval requiring the provision of car parking spaces does not constitute an approval to use the land as a carpark; the parking is merely incidental to the approved use. Systematic commercial exploitation of parking spaces (charging the public at large) may constitute a distinct unapproved use. There is reason to doubt the availability of estoppel by conduct as a defence to a statutory planning prosecution, given that the foundation of estoppel in unconscionability is adapted to civil proceedings concerning private interests rather than the public interest in statutory enforcement. A use of land by a local authority that is permitted by statute as a public work is not a non-conforming use within the meaning of continuance provisions, because it is not a use 'not permitted by the Scheme'.
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