Gardner & Beaver and Act Planning & Land Authority

[2007] ACTAAT 13

AUSTRALIAN CAPITAL TERRITORY

ADMINISTRATIVE APPEALS TRIBUNAL

CITATION:GARDNER & BEAVER AND ACT PLANNING & LAND AUTHORITY & ANOR [2007] ACTAAT 13 (13 JUNE 2007)

AT07/07

Catchwords:   Land and planning – order under section 256 of the Land (Planning and Environment) Act to cease using leased land for purchase, storage, sale or repair of white goods – clean up leasehold – demolition of unapproved fence.

Tribunal:Mr M H Peedom, President

Dr E McKenzie, Senior Member

Mr R Nichols, Member

Date:13 June 2007

AUSTRALIAN CAPITAL TERRITORY                   )

ADMINISTRATIVE APPEALS TRIBUNAL )          NO:     AT07/07

LAND AND PLANNING DIVISION  )

RE:      WARREN GARDNER

& JULIE BEAVER

Applicant

AND:   ACT PLANNING &

LAND AUTHORITY

Respondent

AND:   JENNY & IAN RIXON

Party Joined

DECISION

Tribunal  :          Mr M H Peedom, President

Dr E McKenzie, Senior Member

Mr R Nichols, Member

Date  :          13 June 2007

Decision  :

The decision under review is varied by deleting the directions contained in the order dated 27 February 2007 and substituting the following:

“I HEREBY DIRECT THE LESSEES TO

1.comply with clause 1(f) of the lease by ceasing to use the leased land at 29 Delegate Street, Kaleen (“the land”) for the purchase, storage, sale or repair of white goods or parts of white goods, except for the purpose of a “home occupation”, as defined in Part D of the Territory Plan. 

2.not begin to use the land for the purchase, storage, sale or repair of white goods or parts of white goods except for the purpose of a “home occupation”, as defined in Part D of the Territory Plan.

3.remove all white goods and parts of white goods on the land, except white goods or parts of white goods within the premises on the land or stored in accordance with paragraph (b) of the definition of “home occupation”, as defined in Part D of the Territory Plan.

4.not bring any white goods or parts of white goods onto the land, except white goods or parts of white goods that are continuously kept wholly within the premises or other approved structures and stored for the purpose of conducting a “home occupation”, as defined in Part D of the Territory Plan, on the land.

5.        to clean up the land in accordance with Annexure ‘A’.

6.to demolish the unapproved fence on the southern side boundary of the land.

Annexure ‘A’ to order 5:

(a)Remove all caravans on the land, except any caravan that is owned, registered and used by the applicants for personal use and kept upon the land.

(b)Not bring any caravan onto the land, except any caravan that is owned, registered and used by the applicants for personal use and kept upon the land.

(c)Remove all motor vehicles on the land, except any motor vehicle that is owned, registered and used by the applicants and kept upon the land or any motor vehicle owned and registered by other persons.

(d)Not bring any motor vehicle onto the land, except any motor vehicle that is owned, registered and used by the applicants and kept upon the land or any motor vehicle owned or registered by other persons.

(e)Remove all motor vehicle parts from the land, except motor vehicle parts that are continuously kept wholly within the residence or wholly within other approved built structures constructed on the land.

(f)Not bring any motor vehicle parts onto the land, except motor vehicle parts to be continuously kept wholly within the residence or wholly within other approved built structures constructed on the land.

(g)Remove all shopping trolleys from the land except any shopping trolley stored in an approved built structure constructed on the land.

(h)Not bring any shopping trolleys onto the land except any shopping trolley stored in an approved built structure constructed on the land.

7.For the purpose of these orders “white goods” includes, but is not limited to, washing machines, stoves, ovens, cook tops, refrigerators, freezers, microwave ovens, dryers and dishwashers.”

and by deleting paragraph (i) and (ii) of the specification of when the order takes effect and substituting the following:

“28 days from the date of this decision”.

……………………………
  President

FORM 33

PUBLICATION DETAILS

TO BE PUBLISHED

To be completed by Member's Staff

________________________________________________________________________

PART A  FILE NO:      AT07/07

APPLICANT:  WARREN GARDNER & JULIE BEAVER

RESPONDENT:                   ACT PLANNING & LAND AUTHORITY

PARTY JOINED:                 JENNY & IAN RIXON

COUNSEL APPEARING:    APPLICANT: N/A

RESPONDENT:       MR G MCCARTHY

PARTY JOINED:     

SOLICITORS:  APPLICANT:

RESPONDENT:       ACT GOVERNMENT

SOLICITOR

PARTY JOINED:     

OTHER:APPLICANT: MR W GARDNER

RESPONDENT:       

PARTY JOINED:     SELVES

TRIBUNAL MEMBER/S:   MR M H PEEDOM, PRESIDENT

DR E MCKENZIE, SENIOR MEMBER

MR R NICHOLS, MEMBER

DATE/S OF HEARING:      12 JUNE 2007  PLACE: CANBERRA

DATE OF DECISION:        13 JUNE 2007  PLACE: CANBERRA

______________________________________________________________________

PART B

RECOMMENDATION:

FULL REPORT ( )               CASE NOTE ( )        UNREPORTED DECISION (X)

COMMENT:

ORAL REASONS FOR DECISION GIVEN AT HEARING