Where an environmental planning instrument defines overlapping categories of use, one of which is prohibited and the other permissible, the prohibition is to be given effect according to its terms and should not be read down by reference to the existence of the other defined use. The words 'may include' in a definition indicate an illustrative, not exhaustive, list. The 'guidelines' in Warringah Shire Council v Sedevcic concerning s 124 of the EPA Act are of limited assistance to the question of delaying the operative date of a declaration of invalidity, as they are directed to injunctive relief.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.