Where a statutory provision permits but does not require a decision-maker to take into account an environmental planning instrument, a complaint about the weight given to that instrument will not usually identify an error of law. Clause 2.5 of the Liverpool LEP operates as a spot zoning provision that overrides zone objectives, so that the objectives of the E2 Zone need not be considered when assessing development permitted under Schedule 1. A sunset clause in a LEP that repeals a permissibility provision does not restrict a consent obtained before the repeal date from permitting construction and use after that date.
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