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Lockyer Valley Regional Council v Westlink Pty Ltd as Trustee for Westlink Industrial Trust & Ors; Keep Lockyer Rural Inc v Westlink Pty Ltd as Trustee for Westlink Industrial Trust & Ors
In this matter the issue was the nature of the grounds that had to be shown to justify a decision to grant a development permit in circumstances where the proposed use was not consistent with the purpose of the relevant planning scheme zone under s 3.5.14(2)(b) of the Integrated Planning Act. The proposed use of the land was for a natural gas fired electricity peaking station. The Court rejected any watering down of the Weightman principles when assessing the weight of the grounds raised in support of an application. It further held that the relevance of the grounds did not alter with what stage in the application of the Weightman principles they were considered. It was further observed that the absence of negative impact or detrimental effect from the proposed development could be regarded as relevant considerations in the analysis.