PLANNING AND ENVIRONMENT – APPEAL – where submitter appeal against approval – where approval for a mixed use high-rise development – where development does not comply with planning scheme in force at the time the development application was properly made – where latter amendments made to planning scheme – whether planning controls in force at the time the application was made have been overtaken by events – whether development of an excessive bulk and scale – whether development of an appropriate design – whether development is inconsistent with character – whether development will have unacceptable impacts on adjoining residential development – weight to be given to amended planning controls – whether the application should be approved in the exercise of the planning discretion.
Full judgment on the Supreme Court Library website.