Where a town planning scheme's density code prohibits a development and the scheme contains no discretion to depart from the code requirements, the refusal does not involve an exercise of discretion and no appeal lies to the Minister under s 37 of the Town Planning and Development Act 1928 (WA). Density coding provisions under a town planning scheme are capable of being inconsistent with by-laws that would permit the relevant development, notwithstanding that density codes and zoning are conceptually different.
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