Cran v State of New South Wales

The High Court of Australia considered the appeal of Mr Cran against the State of New South Wales concerning the validity of a notice issued under section 129(1) of the *Environmental Planning and Assessment Act 1979* (NSW). The notice required Mr Cran to cease using his land for the purpose of a caravan park, alleging that this use was not permissible under the relevant environmental planning instrument. Mr Cran contended that the notice was invalid, arguing that the use of his land as a caravan park had lawfully commenced prior to the introduction of the planning instrument and therefore constituted a "lawful use" that was protected from prohibition.

The central legal issue before the High Court was whether the use of Mr Cran's land as a caravan park was a "lawful use" at the time the relevant environmental planning instrument came into effect, such that it was protected from being prohibited by a notice issued under section 129(1) of the Act. This required the Court to determine the nature and extent of the use of the land and whether it met the criteria for a lawful, existing use under the planning legislation.

The High Court analysed the evidence regarding the use of the land and concluded that Mr Cran had not established that the land was being used as a caravan park in a lawful manner prior to the commencement of the planning instrument. The Court found that the use was intermittent and not of a character that could be considered a "use" in the planning law sense. Consequently, the Court held that the notice issued under section 129(1) was valid. The appeal was dismissed.