9 The structure of land use terms contained in the table to clause 74 of the scheme is that terms are specified at different levels of abstraction[2] or specificity. Some terms are nested within other terms; or even within nested terms. Hence land use terms often overlap. Even when terms are not nested it will still be common enough for a particular use to naturally fall within more than one specified term.
10 If a use clearly falls within more than one specified land use term, the proposed user is entitled to take advantage of the most (or more) favourable provision. But it will not always be appropriate to regard a use as falling within more than one specified land use term. This is because some parts of the scheme are structured so as to invite a choice between different land use terms, at least where an activity can obviously or commonly fit within a specified term. The present case is of this character. As the nesting diagram in clause 75 of the scheme demonstrates, there are many different types of uses that might be called "accommodation". Two land use terms which are nested within "accommodation" are "camping and caravan park" and "residential village". Having regard to this context, it is the intent of the scheme that in characterising a use of the type proposed a choice be made having regard to what is the best fit (or, in the present context, the better fit).
11 If a proposed use comfortably fits the definitions of two specified land use terms, the choice will often involve giving preference to the more specific term. However it is not always clear which is the more specific term. At first blush "camping and caravan park" might be thought to be a more specific term than "residential village". But the parameters of "residential village" will be more limiting in at least some circumstances. In any event this factor will not be the only relevant consideration.
12 Usually it will be necessary to identify critical differences between land use terms. These may flow from comparing the definitions. Sometimes the words of the definitions will be vague and the task of interpretation will be more challenging. Thus in the present case the applicant emphasises that a camping and caravan park may consist of "cabins ... or the like" and points to the broad dictionary definitions of the word "cabin". Although this is a legitimate approach, in my opinion the meaning of the word "cabin" must be influenced, at least to some extent, by the term being defined, namely "camping and caravan park". I accept the logic that a term can be defined to have a meaning completely unrelated to its natural meaning. But the planning scheme, which is a document to be used by non-lawyers, does not generally adopt that approach. Rather it tends to use terms that are commonly used in the community, even though the natural meaning might be adjusted by a definition. Thus I conclude that the word "cabin", where used in the definition of "camping and caravan park" should be understood to mean a cabin of a type typically found in caravan parks in Victoria.
13 Well, what distinguishes a "camping and caravan park" from a "residential village"? I think there are two types of factors: essential requirements and qualitative differences.
14 For a use to be characterised as a "camping and caravan park" it will be essential that land is available for use for accommodating persons in caravans, cabins, tents or the like. For a use to be characterised as a "residential village" it will be essential that: