Calvary Health Care Tasmania Inc v Hobart City Council

(2006) 15 Tas R 271; [2006] TASSC 10

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Environment and Planning
2. › Development control
3. › Existing uses
4. › Operation of existing use provisions
5. › Whether provisions apply to use of works constructed after planning scheme came into operation
6. › Whether existing use provisions protect subsequent development and its use
7. › Land Use Planning and Approvals Act 1993 (Tas), s 20(3)
1. Environment and Planning
2. › Development control
3. › Existing uses
4. › Distinction between 'use' and 'development'
5. › Use of works constructed without permit not protected by existing use provisions
6. › Land Use Planning and Approvals Act 1993 (Tas), ss 3(1), 20(3)
1. Statutes
2. › Construction
3. › Repeal and savings provisions
4. › Whether existing use provisions create a 'right' for purposes of savings clause
5. › Acts Interpretation Act 1931 (Tas), s 16(1)(c)
6. › Local Government Act 1962 (Tas), s 759(1)

Quick Take

Existing use provisions under LUPA s20(3) do not protect the use of works constructed after the planning scheme came into operation; only pre-existing land, buildings and works are protected. The protection of existing use under s20(3) cannot be circumvented by characterising prevention as regulation, but once new development is undertaken, both the development and its subsequent use are subject to the planning scheme. Existing use provisions do not create 'rights' or 'privileges' within the meaning of the Acts Interpretation Act 1931 (Tas) s16(1)(c).