Section 75(3) of the Planning Act (NT) is not apt to render Covenants in Gross enforceable by the DCA where the permit is for subdivision (development) rather than use of land. The Tribunal under s 130(4) has no power to reserve to itself a supervisory role to adjudicate disputes about the content of conditions after directing the issue of a permit. Characterisation of a subdivision application involving restrictive covenants that prohibit uses otherwise permitted under the applicable zone as a 'de facto rezoning' is a finding of fact open to the Tribunal and does not constitute an error of law.
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