Where a use falls within the definition of a prohibited 'industry' under a local environmental plan, a development consent for that use is void notwithstanding that the use could also be characterised as a permissible 'rural industry'. A subsequent amendment to a State Environmental Planning Policy purporting to clarify the definition of 'industry' does not retrospectively validate a void consent unless expressed with appropriate clarity to require interpretation as a declaratory enactment. Councils are not estopped from challenging the validity of their own ultra vires development consents.
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