Alan James Brown v Idofill Pty Ltd

[1987] NTSC 55

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Town and Country Planning
2. › Existing use rights
3. › Non-conforming use
4. › Whether land used for purpose of service station immediately prior to planning instrument
5. › Whether use as bus depot with incidental fuel sales constitutes use as service station
6. › Abandonment of existing use
7. › Planning Act 1979 (NT), ss 63, 67, 68, 70
1. Town and Country Planning
2. › Enforcement
3. › Private enforcement proceedings
4. › Injunction to restrain unlawful use of land
5. › Discretion to grant injunction
6. › Competitor seeking injunction
7. › Planning Act 1979 (NT), s 65
1. Town and Country Planning
2. › Existing use rights
3. › Meaning of 'service station'
4. › Whether retail sale of fuel to general public is essential element
5. › Whether private sales to employees and associates constitute service station use

Quick Take

A 'service station' within the meaning of the Darwin Town Plan and the Planning Act 1979 (NT) contemplates retail sales of fuel to the general public; private sales of fuel to a restricted class of employees, associates and acquaintances as an adjunct to a bus depot do not constitute use as a service station for the purpose of existing use rights. The erection of signs indicating bowsers are for bus use only, with the knowledge and approval of the site manager, constitutes abandonment of any pre-existing service station use. Private persons motivated by competitive self-interest may obtain injunctive relief under s 65 of the Planning Act to restrain unlawful use of land.