Administrative Law — Procedural fairness — Exclusion of procedural fairness — Compulsory acquisition of land — Decision to acquire unreserved private land — Steps in statutory process — Issue of notice of acquisition — Purchaser of land not given opportunity to be heard — Whether publication of notice of acquisition conditioned by obligation to accord procedural fairness — Exclusion of procedural fairness — Land Acquisition and Compensation Act 1986 (Vic), ss 5(3), 6, 7, 8, 19, 20

Planning and environment — Compulsory acquisition of land — Procedural fairness — Decision to acquire unreserved private land under statutory process — Issue of notice of acquisition — Purchaser of affected land not given opportunity to be heard — Whether publication of notice of acquisition conditioned by obligation to accord procedural fairness — Land Acquisition and Compensation Act 1986 (Vic), ss 5(1), 5(3), 6, 7, 8, 19, 22

Appeal — Civil — Practice and procedure — Application to allow appeal by consent — Duty of Court to be satisfied of appellable error

Practice and procedure — Necessary parties — Omission of registered proprietor from proceeding challenging compulsory acquisition of land — Effect on rights

Planning and environment — Planning scheme — Heritage overlay — Building permit — Planning permit — Accrued rights — Building permits issued prior to introduction of heritage overlay planning control — Whether building permits created accrued right — Lawfulness of development works without planning permit — Whether development works a ‘use’ — Stonnington Planning Scheme, cl 61.05 (now cl 72.06) — Interpretation of Legislation Act 1984 (Vic), s 28(2)(e) — Planning and Environment Act 1987 (Vic), s 6(3)(d)

Statutory interpretation — Amendment of subordinate instrument to extend heritage overlay over property while development works in progress — Whether absence of prior planning control constituted an accrued right — Whether development works a ‘use’ — Stonnington Planning Scheme, cl 61.05 (now cl 72.06) — Interpretation of Legislation Act 1984 (Vic), s 28(2)(e) — Planning and Environment Act 1987 (Vic), s 6(3)(d)

Appeal — Civil — Practice and procedure — Application for leave to appeal from a decision of judge of Trial Division to dismiss appeal on question of law — Application for leave to amend grounds to introduce an issue withdrawn before Tribunal

Words and Phrases — ‘development’, ‘right’, ‘use’, ‘work’, ‘works’