Where a local environmental plan provides that consent 'may be granted only if' specified objective criteria are met, non-compliance with those criteria invalidates the consent, either because compliance is a jurisdictional fact or because the consent authority could not rationally have been satisfied of compliance. A development application that purports to be for a permissible use but proposes non-compliant details is not a nullity where it could be amended, but the consent itself is invalid if the proposed use does not meet mandatory preconditions at the time of grant. SEPP 1 cannot be relied upon to excuse non-compliance unless a valid written objection identifying the standard and grounds of objection was made.
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