On an application for retrospective development approval under a town planning scheme, the only relevant considerations are planning considerations relating to whether the development is appropriate to the locality; the conduct, motives, or culpability of the developer in constructing without or contrary to approval are irrelevant and are matters for criminal proceedings. The R Codes are performance-based rules aimed at flexibility, not inflexible prescriptive standards, and the various waiver and variation powers should be interpreted liberally to achieve the objectives of the Codes. The appeal to the Town Planning Appeals Tribunal is a hearing de novo requiring the Tribunal to determine the matter for itself.
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