30 May 2003
No arguable question of law was identified because the magistrate's decision turned on factual findings about existing use which were open to the magistrate on the evidence; there was no reasonably arguable substantial and grave injustice; the application for certification and leave was dismissed.
11 Aug 1995
Where the Director of Planning published an Interim DPA, the statutory 'existing use' defence under s.23(9)(b) is determined by the use in existence immediately before publication of that Interim DPA; absent an Interim DPA the relevant date is immediately before publication of the draft DPA plan. The appellants' use arose after the Interim DPA gazettal and therefore the defence fails.
14 Jun 1995
The court upheld the magistrate's factual finding, supported by aerial photographs and on-site evidence, that after the interim DPA took effect the land was materially changed and intensified into a container trailer/tractor park, open container storage and tyre repair facilities; those uses constituted unauthorised development, were not discontinued despite the enforcement notice, and therefore the convictions under s23(6) were rightly sustained; criticisms of burden shifting and minor improper requirement in the notice did not vitiate the conviction.
17 Mar 1995
Magistrate's factual findings that the site's character changed from sporadic ancillary storage with vegetation to a fenced, hard‑standing, enclosed commercial storage depot constituted a material change of use which negated the s23(9) existing use defence; accordingly the appellant's conviction under s23(6) was properly upheld and the appeal dismissed.