Under cl 4.4.4 of the City of Armadale Town Planning Scheme No 4, an activity that would constitute a prohibited use (such as 'vehicle wrecking') if carried on as a standalone use is not unlawful if it is merely incidental to a permitted use (such as residential use). Whether an activity is incidental to a permitted use is a question of fact and degree, evaluated by reference to the regularity and extent of the activity. The prohibition on a use class in the zoning table does not derogate from the operation of the incidental use provision.
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