Bade v Rural City of Murray Bridge

The case of Bade v Rural City of Murray Bridge involved a dispute between Mrs Bade and the Rural City of Murray Bridge concerning the construction of a house extension and a boat shed on adjoining leasehold allotments. Mrs Bade sought to challenge the development approval granted by the Council for the construction, while Mrs Davies, the owner of the adjoining property, cross-appealed the extension of time granted to Mrs Bade for her application for judicial review. The central issue before the court was whether the construction complied with the approved development plan and whether the subsequent alterations were approved. The court also had to determine if the second development was a non-complying development and if the approval for this second development was invalid.

The court examined the evidence and found that the construction did not conform to the approved development plan. Specifically, the boat shed on lot 15 was a separate structure from the extended house on lot 14, which was not in line with the approved plans. The court determined that the second development, which included the boat shed and the living area extending onto lot 15, was a non-complying development as it was not part of the approved first development. Additionally, the court held that the approval for the second development was invalid as it was not in accordance with the approved plan. The court allowed the appeal and quashed the development authorisation for the second development, while dismissing the cross-appeal regarding the extension of time.

The final orders of the court included allowing the appeal and quashing the development authorisation for the second development. The court also declared the encroachment of the boat shed onto lot 16 as a trespass and set aside certain orders related to costs and the Council's participation in the proceedings. The costs of the application and the appeal were reserved for further argument.