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austlii:tas/TASRMPAT/2000/157
appellant. Decision of Derwent Valley Council varied to grant planning permit subject to conditions; enforcement applications dismissed; costs ordered against GJ Marriott in agreed sum of $3,000 for appeal...
6 cited instruments linked from this judgment.
This is a consent decision of the Tasmanian Resource Management and Planning Appeal Tribunal. Neighbours (the Hallams) had appealed against a council decision granting a planning permit for a home milk vendor business operated by Mr Marriott. The parties reached agreement at a conference, and the Tribunal approved the settlement without holding a full hearing. The permit was granted subject to conditions limiting employment, noise levels, and where the delivery truck could be parked. The Hallams' enforcement applications were dismissed. Mr Marriott was ordered to pay $3,000 towards the Hallams' legal costs.
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WB & DH Hallam v Derwent Valley Council & GJ Marriott and WB & DH Hallam v GJ Marriott [2000] TASRMPAT 157 (27 September 2000)
119 Forest Road, Granton - Home Business - Milk Vendor - Consent Decision
This was an appeal against a permit for a home occupation and applications for enforcement ordrds pursuant to Section 48 of Environmental Management and Pollution Control Act 1994 and Section 64 of the Land Use Planning and Approvals Act 1993, in respect of premises at 119 Forest Road, Granton. A conference was held between the parties at Hobart on the 10th of July 2000.
1. As a result of a conference pursuant to Section 17 of the Resource Management and Planning Appeal Tribunal Act 1993 held on the 10th July 2000, at Hobart, agreement was reached between the parties as to the terms of a decision of the Appeal Tribunal and the terms of that agreement were reduced to writing and were signed by the parties and given to the Appeal Tribunal.
2. The Appeal Tribunal being satisfied that a decision in the terms as agreed by the parties would be within the powers of the Appeal Tribunal and would be an appropriate decision makes a decision accordingly without holding a hearing.
(1) The decision of the Appeal Tribunal is that the decision of the Derwent Valley Council appealed against is varied to read:
"Upon application number 75/2000 a planning permit is granted to Mr Greg Marriott for a home business (milk vendor) at 119 Forest Road, Granton subject to the following conditions:
(a) That the home business does not involve the employment and/or assistance of more than one person other than the permanent residents of the dwelling unit.
(b) That the development when measured at the boundary of the site, must not exceed a sound pressure level of 5dB(a) above ambient, when measured on the time weighted average "A" scale in accordance with Australian Standards and the Tasmanian Code of Practice; and
(c) The truck used in connection with that business is not parked anywhere on the property except in the new parking area whilst the refrigeration unit is operating."
(2) Applications A 10/2000 and A 11/200 are dismissed.
(3) It is ordered that the respondent GJ Marriott pay the appellants' costs of and incidental to appeal 155/00 P in the agreed sum of $3,000.00.
(4) Otherwise the parties are to bear their own costs of each of the above proceedings.
Decision of Derwent Valley Council varied to grant planning permit subject to conditions; enforcement applications dismissed; costs ordered against GJ Marriott in agreed sum of $3,000 for appeal 155/00 P; otherwise parties bear own costs