Where a local environmental plan adopts the Model Provisions definition of 'commercial premises' (which excludes purposes defined elsewhere in cl 4 of the Model Provisions), purposes defined only in the LEP's own schedule are not excluded from 'commercial premises'. Where a specific prohibited purpose is a subset of a general permissible purpose nominated in the land use table, development falling within the general permissible purpose cannot be prohibited merely because it also falls within the specific prohibited purpose. A party seeking imposition of an unusual condition of consent (such as a time-limited consent) must raise it as a contention in its statement of facts and contentions; including it only in draft conditions without raising it as an issue does not create a procedural fairness obligation on the Commissioner to impose it or to give notice before declining to impose it.
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5 of the 53 citing cases carry a classified treatment. How each court treated it is available to signed-in members.