Where a development application is assessed by a council but determined by a regional panel under the bifurcated scheme, judicial review lies against the panel's determination, not the council's assessment, because the assessment has no juridical consequences of its own. Courts may prefer ameliorative orders under s 25B of the Land and Environment Court Act 1979 (NSW) over declarations of invalidity where development is substantially complete and the adverse impacts can be remediated. The failure to consider the impact of significantly elevated finished floor levels on adjoining land constitutes a breach of s 79C(1)(a)(i), (b) and (c).
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