An appeal from a decision of the Planning and Environment Court concerning a building which had been used as an ‘accommodation building’, rather than its permitted use as a ‘dwelling house’. The primary judge made orders that the building be used only as a dwelling house and that a number of changes be made to the building to prevent its use as an accommodation building, including replacing solid-core doors with standard domestic doors and removing electricity and water sub-meters. The Appellant submitted that the Planning and Environment Court did not have the authority to make these orders.
Fraser and Morrison JJA and North J held that the Planning and Land Court did have authority to make the orders. Further, their Honours determined that the changes that were ordered by the learned primary judge were necessary to ensure the Appellant’s compliance with the approved usage of the building. Therefore, the appeal was dismissed.
Rob Anderson QC (with G J Barr) appeared for the respondent, instructed by Heiner & Doyle.
The judgment is published here.
