11 Aug 1995
R. v. POWER STRAIGHT & OTHER
- Citation
- R. v. POWER STRAIGHT & OTHER
- Court
- Court of First Instance
- Case number
- HCMA644/1995
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.