The determination of 'use class' under a town planning scheme is a question of fact, not an exercise of discretionary power, and therefore falls outside the jurisdiction of the Town Planning Appeal Tribunal. Parties cannot confer jurisdiction on the Tribunal by agreement or by abandoning the use class actually relied upon by Council. Where a Council's decision involves both a factual determination (use class) and an exercise of discretion (whether to approve), only the discretionary component is appealable to the Tribunal. The correct interpretation of 'incidental to' in the context of IP uses requires a relationship or connection between the proposed use and the predominant use, meaning 'naturally attaching to or consequent on'.
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