Clause 8J(7) of the EP&A Regulation encompasses the SEPP (State Significant Development) 2005, and the word 'that' in the phrase 'form an opinion that the development is State significant development' bears a conjunctive sense meaning 'so that', indicating consequence rather than qualifying the opinion. An amendment to a development application does not constitute a 'withdrawal' for the purposes of cl 8J(7), and the word 'withdrawn' refers to the formal withdrawal procedure in cl 52 of the same Regulation. A departmental briefing note is not, without more, evidence of the Minister's purpose for the purposes of judicial review on improper purpose grounds; the purpose of a decision-maker must be established through direct evidence such as interrogatories.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
2 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.