Where a proposed development involves dual use of premises as both a restaurant and a takeaway food shop, and the two uses are inextricably linked with neither subserving the other, the entire building's gross floor area must comply with any mandatory GFA limit applicable to shops. The characterisation of the purpose of a proposed development is a jurisdictional fact under the ACT planning regime, reviewable afresh by the Court on appeal. A condition requiring variation of a Crown Lease cannot cure non-compliance with a mandatory development code rule where the building itself exceeds the permitted GFA.
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