A development application lodged for development that is prohibited at the time of lodgement is not invalid; if the law changes during the course of consideration so that the development becomes permissible, the application may be validly determined. A Councillor's request to refer a development application to Council (thereby suspending a delegation) may be withdrawn by subsequent conduct, including moving resolutions that expressly refer the matter back to the delegate for assessment and determination. The prohibition on dual occupancy housing on 'internal lots' is assessed at the time of granting consent, not by reference to lots that may be created by a subsequent subdivision.
The full text is available to signed-in members, including the 28 later cases that cite this judgment.
4 of the 28 citing cases carry a classified treatment. How each court treated it is available to signed-in members.