The Court upheld the appeal in part, revoking a Restore Works Order and substituting it with a Stop Use Order, while modifying the Demolish Works Order, where unauthorised works converted a former public amenity building into office premises without development consent. The Court found that the works were not exempt development under the Codes SEPP, that the change of use to office premises in the E2 Commercial Centre zone required development consent which had not been obtained, and that existing use rights did not apply because the prior community facility use had been abandoned. The Court confirmed it has no power to make declarations as to use in Class 1 proceedings, that being a matter for Class 4 proceedings.
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