The reasons for judgment of the Land and Environment Court do not form part of development consent orders granted by the Court, even where the consent is granted pursuant to a reasoned judgment rather than by a council. A deferred commencement condition that is clear on its face will not be read down by reference to the court's reasons or to the development application documents unless those documents are incorporated expressly or by necessary implication. The question whether ambiguity in court orders is a precondition to consulting the reasons for judgment remains open.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.