Where an existing use has been declared over the whole of a parcel of land, the word 'land' in s 107(2)(b) of the Environmental Planning and Assessment Act 1979 and cl 42(2)(b) of the Environmental Planning and Assessment Regulation 2000 includes the sub-soil, not merely the surface and foundations. A party that fails to raise a point of law in Class 4 proceedings that could and should have been raised there will be estopped under Anshun principles from raising it in subsequent Class 1 proceedings.
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