Once upon a time, I was taught that the use of a heading was important because it set up for the reader an expectation about what was to follow. We had it drilled into us that each paragraph had to say something about the heading for the writing to make sense. I don’t believe this has changed.
In the Development Control Plan (DCP) for Brunswick Heads the section headed ‘3. Business and Mixed Use Areas’ relates to the B2 and B4 zones in the village. Under the heading there are points (a) through to (e). There are no sub-sections that separate the B2 from B4 zones.
The developer is using point (d) which is worded, ‘d) No excavated parking basements will be permitted and additional vehicle footpath crossings will be discouraged in the B2 zone’ to leverage for a private car parking basement for 21 vehicles in the B4 zone.
Those grammar lessons need to be applied. The first part of the sentence relates to the heading which is going to tell the reader about the whole of the B2 and B4 zones. The use of the item ‘and’ means, I’m going to give you more information about B2, namely that ‘additional vehicle footpath crossings will be discouraged’. The meaning is extended to say that additional footpath crossings will not be discouraged in the B4 zone.
Furthermore, and here I quote a competent reader’s response to (d), ‘So it’s hard to fathom how underground parking could be approved for a B4 zone when it’s being prohibited in a B2 zone right next door’. Locals know because they have successfully prohibited basement parking in the commercial zones and the wording in 3(d) continues that opposition into a gazette DCP.
Should the developer wish to go to court on the meaning of 3(d) then he is advised he is taking on the history of grammar and those who have taught and are teaching it.
