A declaration that development was carried out without consent retains utility for appeal purposes even after development consent is subsequently granted, because the declaration constitutes a binding judicial determination of contravention that the appellant is entitled to seek to have set aside. Prefabricated sheds of sufficient size, bulk and permanence on residential land are 'structures' within the definition of 'building' in s 4(1) of the EPA Act and do not fall within the exceptions for manufactured homes, moveable dwellings or associated structures where they are not used for human habitation and are not self-contained dwellings.
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