A consent authority under Part 4 of the EP&A Act cannot avoid imposing conditions necessary for the proper performance of its planning functions by relying on a private agreement with the developer outside the terms of the Act. Where the Council intends a significant constraint on a development, that constraint must be imposed as a condition of consent, not dealt with in a private deed alone. Section 80A(4) of the EP&A Act is permissive — it allows conditions to be expressed in terms of outcomes and criteria, but does not mean that conditions which do not satisfy its requirements are necessarily invalid.
The full text is available to signed-in members, including the 123 later cases that cite this judgment.
10 of the 123 citing cases carry a classified treatment. How each court treated it is available to signed-in members.