Kruf & Anor v Warringah Shire Council [1988] NSWLEC 154

Land and Environment Court of New South Wales

CITATION : Kruf & Anor v Warringah Shire Council [1988] NSWLEC 154 APPLICANT Kruf & Anor PARTIES : RESPONDENT Warringah Shire Council FILE NUMBER(S) : 10344; 20027/87 of 1988 CORAM: Holland J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 Environmental and Planning Assessment Act 1979 Warringah Shire Council v. K.V.M. Investments Pty. Limited (1981); Woollahra Municipal Council v. Carr (1985) ; Claude Neon Limited v. Rockdale Municipal Council (1985); CASES CITED: Caltex Oil (Australia) Pty. Ltd. v. Canterbury Municipal Council (1983); Food Plus Pty. Ltd. v. Warringah Shire Council (1983); Golden Fleece Petroleum v. Rockdale Municipal Council (1984); Caltex Oil (Australia) Pty. Limited v. Warringah Shire Council (1988) DATES OF HEARING: DATE OF JUDGMENT: 12/15/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicants in 1982 acquired as a going concern and operate the business of a caravan park and five units designed and used for the purpose of residence at Lot 162, No. 319 Mona Vale Road, Terry Hills. Two of the units are built on top of the caravan park amenities block. The other three units are in a one storey separate building on the same land. The land has a frontage of about 90 metres to Mona Vale Road which is the only means of access to the property.

The land has been used as a caravan park with the Council's consent for 30 years. The five residence units have been used as motel units (according to the applicants) or residential flats (according to the Council) for over 20 years, but there is an issue as to whether the Council's consent to this use was ever given, or, if given, was valid.