The expression 'a land use' in a local environmental plan provision (made under s 28 of the EPA Act) that suspends regulatory instruments prohibiting land uses allowed by the plan extends to the erection of buildings and subdivision of land for the purpose of a use allowed by the plan, and is not confined to the narrow concept of 'use of land' as a subset of 'development' in s 4(1) of the EPA Act. A restriction in a s 88B instrument that prohibits specified activities unless a third party's consent is obtained constitutes a 'prohibition' within the meaning of such a provision. Developers relying on s 88B restrictions to control building types and subdivision should be aware that such restrictions may be overridden by LEP provisions made under s 28.
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