Where a proposed development is acknowledged to conflict with a planning scheme, the assessment of the degree of that conflict is a question of fact not amenable to challenge on appeal, provided the primary judge has not made an error of law influencing the conclusion. A primary judge's finding that the exclusion of a use from a Consistent Development Table was the result of a deliberate policy decision is a finding of fact open on the evidence where the planning scheme specifically defines the use, provides a code for it, and includes it in the assessment table while excluding it from consistent development.
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