Clause 29.5 of the Sullivans Cove Planning Scheme 1997 imposes prescriptive controls that must be satisfied, not merely objectives to be considered. Building excavation at the prescribed rate constitutes a 'quarry' activity under clause 5(a) of Schedule 2 of the EMPC Act regardless of whether the excavation amounts to a quarry in the ordinary sense, because the legislative focus is on activities rather than premises. Issue estoppel does not apply to planning determinations by the Tribunal. Where a costs appeal is part of a wider appeal and the substantive appeal is rejected, the costs appeal is an appeal 'as to costs only' under s 44(1) of the Supreme Court Civil Procedure Act 1932.
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