Where a planning scheme provision states that uses not specifically identified in the zone table are 'not consistent with the purpose of the zone', and no other provision of the scheme qualifies that statement in relation to the proposed use, a decision to approve the application necessarily conflicts with the planning scheme under s 3.5.14(2)(b) of the Integrated Planning Act 1997 (Qld). The mere fact that planning schemes cannot prohibit development under s 2.1.23(2) does not prevent a finding of conflict. The question then becomes whether sufficient grounds exist to justify approval despite the conflict.
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