Ford v Northern Areas Council

[2026] SASC 150

Supreme Court of South Australia

Built by Barristers,
For Australian Law.

1. Environment and Planning
2. › Development Assessment and Control
3. › Existing Uses — Nature of Existing Use
1. Environment and Planning
2. › Development Assessment and Control
3. › Classification of Uses — Prohibited Uses
1. Environment and Planning
2. › Development Assessment and Control
3. › Change of Use — Junkyard
1. Environment and Planning
2. › Courts and Tribunals
3. › ERD Court — Right and Availability of Appeal — Permission to Appeal on Questions of Fact

Where land has been approved for residential use and subsequently rezoned residential, the accumulation of materials of such extent as to constitute a junkyard is an unauthorised change of use under the Planning, Development and Infrastructure Act 2016 (SA), notwithstanding any prior zoning history or claimed inherited use rights.
An allegation that enforcement proceedings were brought in retaliation for separate civil proceedings does not constitute a ground of appeal unless the party has made a formal application for a stay on the basis of abuse of process and has adduced evidence establishing an improper motivation; speculation and belief are insufficient.
Under s 30(2) of the Environment, Resources and Development Court Act 1993 (SA), appeals on questions of fact from the ERD Court require permission; Parliament has determined that factual findings of the specialist court should not be readily disturbed by the appellate court.

Citation[2026] SASC 150

CourtSASC

JurisdictionSouth Australia

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