GPT Re Limited v Belmorgan Property Development Pty Limited

• 1. Environment and Planning
  2. › Development consent
  3. › Conditions of consent
  4. › Deferred commencement consent
  5. › Whether conditions involve substantial changes to proposed development
  6. › Whether consent accords with development application as lodged
  7. › Whether conditions assessable according to clear criteria
  8. › Environmental Planning and Assessment Act 1979 (NSW), ss 78A, 80, 80A
• 1. Environment and Planning
  2. › Development application
  3. › Mandatory considerations
  4. › Draft local environmental plan
  5. › Whether consent authority considered draft LEP placed on public exhibition
  6. › Prohibition on retail premises exceeding 400m²
  7. › Environmental Planning and Assessment Act 1979 (NSW), s 79C(1)(a)(ii)
• 1. Evidence
  2. › Presumption of regularity
  3. › Whether presumption operates where evidence exists from which contrary inference could be drawn
  4. › Party with burden of persuasion
  5. › Whether basis for finding invalidity of exercise of statutory authority
• 1. Appeal
  2. › Powers of Court of Appeal on appeal from Land and Environment Court class 4 proceedings
  3. › Whether Court of Appeal can make orders requiring exercise of discretion
  4. › Whether matter should be remitted
  5. › Land and Environment Court Act 1979 (NSW), ss 25A, 25B, 25E, 58

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