Sorrento Apartments Pty Ltd v Mornington Peninsula Shire Council [2001] VSC 302
[2001] VSC 302
At a glance
Source factsCourt
Supreme Court of Victoria
Decision date
2001-08-24
Before
Balmford J
Source
Original judgment source is linked above.
Judgment (1 paragraphs)
- For the reasons given, I find no error of law in the decision of the Tribunal. The appeal will be dismissed. Counsel may wish to make submissions as to the orders to be made consequent upon that finding.
Parties
# Sorrento Apartments Pty Ltd
Mornington Peninsula Shire Council \[2001\] VSC 302
Cases Cited (7)
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). - ; ;