BOB BLAKEMORE PTY LTD v THE ANSON BAY COMPANY (AUSTRALIA) PTY LTD [1990] NSWCA 25
The extraction of gravel prior to 10 March 1949 was ancillary to the coal mining operation and did not constitute a separate existing use under s107 of the Environmental Planning and Assessment Act (1980).
- Parties
- Appellant: Bob Blakemore Pty Ltd; Appellant: Doug Blakemore Excavations Pty Ltd; First Respondent: The Anson Bay Company (Australia) Pty Ltd; Second Respondent: Lake Macquarie City Council
- Jurisdiction
- Australia
- Judgment Date
- 23 March 1990
- Procedural Posture
- Appeal / Court of Appeal Decision
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Existing Use, Dominant Purpose, Servient Purpose, Environmental Planning and Assessment Act
Case Brief
Summary, issues, holding and outcome
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Parties
Bob Blakemore Pty Ltd
Appellant
Doug Blakemore Excavations Pty Ltd
Appellant
The Anson Bay Company (Australia) Pty Ltd
First Respondent
Lake Macquarie City Council
Second Respondent
Procedural Posture
Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether extraction of gravel constituted an existing use under the Environmental Planning and Assessment Act 1980 as at 10 March 1949
- 2 Whether gravel extraction was a separate and independent use or ancillary to coal mining
Ratio Decidendi
The extraction of gravel prior to 10 March 1949 was ancillary to the coal mining operation and did not constitute a separate existing use under s107 of the Environmental Planning and Assessment Act (1980).
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
- Blakemore to pay only half of Anson Bay's costs as per trial judgment.
Full Case Text
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