Where a development consent is ambiguous on its face as to the location and size of the approved development, reference may be made to the development application and accompanying documents (including plans) by necessary implication to resolve that ambiguity, even where the consent does not expressly incorporate those documents. The words 'Further to the above application' in a consent letter do not, without more, expressly incorporate the development application documents. Section 56(1)(c) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) refers to actual past use contrary to law, not future or proposed use.
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