Where a tribunal's conclusion depends upon a construction of a planning scheme — such as whether a hobby use can reach an intensity that transforms it from an ancillary dwelling use into a separate 'store' use — that construction is a question of law amenable to appeal under s 148 of the VCAT Act. The court's duties towards self-represented litigants include looking beyond inelegant expression to identify the substance of the legal complaint, particularly where the litigant's own advocacy may have obfuscated the force of their point.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
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