Town of Claremont v Complete Furniture Restoration Pty Ltd

The Town of Claremont appealed to the Supreme Court of Western Australia from a decision of the President of the Town Planning Appeal Tribunal, who upheld an appeal by Complete Furniture Restoration Pty Ltd against a direction to stop a non-conforming use of premises known as Lot 4 Lakeway, Claremont. The Town of Claremont argued that the Tribunal erred in law by treating units 6A and 6B as a single planning unit and by classifying the non-conforming use as an industrial use. The Court dismissed the appeal, finding that the Tribunal's decision was not in error. The Court accepted the Tribunal's conclusion that units 6A and 6B formed a single planning unit, as they were part of one legal parcel of land subject to the same Certificate of Title and ownership. The Court also found that the Tribunal did not err in classifying the non-conforming use as an industrial use, as it had been continuously occupied and utilised for the same purpose since at least 1967. The Court further held that the Tribunal was correct in excluding evidence of noise and smell, as the sole question for determination was whether a relevant non-conforming use had been maintained continuously at the subject premises. The appeal was dismissed with costs.