APPEAL — development application — industrial warehouse — change of use — traffic management
Quick Take
1Non-compliance with numerical standards in a development control plan does not require refusal of a development application; under s 4.15(3A)(b) of the EPA Act, the consent authority must be flexible in applying DCP provisions and allow reasonable alternative solutions that achieve the objectives of those standards.
2Past unlawful use of premises is not a relevant factor in determining whether to grant development consent, though the experience of impacts from past use may be relevant for proper planning reasons in evaluating the likely impacts of a prospective use of the same or similar character.
3A 12-month trial period condition is not reasonable or necessary where the development application includes physical works (internal fit-out and external traffic management measures) that must be completed before the revised operational regime can be properly assessed, and where conditions of consent provide adequate certainty and enforceability.
