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[2001] VSC 302
Supreme Court of Victoria
2001-08-24
Balmford J
Original judgment source is linked above.
Sorrento Apartments Pty Ltd
Mornington Peninsula Shire Council [2001] VSC 302
PLANNING - Appeal from the Victorian Civil and Administrative Tribunal - the applicant was refused a permit by the respondent Council for the construction of a six unit integrated development - an application was made to the Tribunal to review the Council's decision and the Tribunal upheld the decision - the applicant now appeals against the Tribunal's decision - "existing use" provisions in town planning schemes - what existing use rights are protected by planning schemes and legislation - what effect do the provisions of the relevant enactment/s give to the protection - the distinction between "use" and "development" and the effect of that distinction. - and . - , (3), and (4). - ; ;
In the town planning field, statutory provisions designed to protect and preserve existing rights should be as liberally construed as the language in its context allows: see Mason ACJ, Deane and Dawson JJ in Dorrestijn v South Australian Planning Commission [1984] HCA 76; (1984) 56 ALR 295, at p 300; Parramatta City Council v Brickworks Ltd [1972] HCA 21; (1972) 128 CLR 1, at p 25; Woollahra Municipal Council v Banool Developments Pty Ltd [1973] HCA 65; (1973) 129 CLR 138, at p 144.
(1964) 110 CLR 529
(1984) 56 ALR 295
(1972) 128 CLR 1
(1973) 129 CLR 138