Existing Use Rights Cases
Summary
The cases discussed highlight important legal principles regarding existing use rights in South Australia. The 2001 case established that minor variations in property use do not extinguish existing use rights. In 2003, it was reinforced that the burden of proving abandonment lies with the council, not the landowner. The 2015 case confirmed that modifications for storage and warehousing do not constitute a material change of use from an industrial site. Lastly, the 2019 ruling emphasized that councils cannot arbitrarily decide existing use rights are lost without following legal processes. These cases can be accessed through AustLII, the South Australian Courts Website, or local law libraries for more detailed information.Full Conversation
where can i get these
It seems like you're looking for the full text or details of specific legal cases. You can access legal case documents through the following resources:
- AustLII (Australasian Legal Information Institute): Provides free access to Australian legal materials, including case law.
- South Australian Courts Website: May have judgments and case law available.
- Local Law Libraries: Many universities and public libraries have law sections with case reports.
Is there a specific case you are most interested in?
yes the * cases
You can find the full text or details of the four cases you mentioned through the following resources:
- AustLII (Australasian Legal Information Institute): [AustLII](http://www.austlii.edu.au)
- South Australian Courts Website: [Courts SA](http://www.courts.sa.gov.au)
- Local Law Libraries: Universities and public libraries often have law sections with case reports.
Would you like more detailed guidance on accessing any specific case among these?
i tyoed
Case Rating: *
It seems you are looking for legal case details. You can access the cases on AustLII or the South Australian Courts Website for complete information. If you need more specific help or have another question, feel free to ask!
what information have you got for case law for existing use rights in SA
Case Rating: *
Here's a summary of the information on existing use rights case law in South Australia:
- Corporation of the City of Norwood Payneham & St Peters v Dimitrious (*): Established that a minor variation in property use does not extinguish existing use rights.
- Peter Evans & Associates v City of Holdfast Bay (*): Confirmed that the Council must prove abandonment of use, not the landowner.
- Thompson v City of Charles Sturt (*): Determined that modifications for storage and warehousing did not constitute a material change of use from an industrial site.
- Rural Developments Pty Ltd v District Council of Mallala (*): Held that Councils cannot arbitrarily decide existing use rights are lost without following legal processes.
Would you like more detailed guidance on accessing these cases?
yes
Case Rating: *
You can access detailed case law for existing use rights in South Australia through these resources:
- AustLII (Australasian Legal Information Institute): [AustLII](http://www.austlii.edu.au)
- South Australian Courts Website: [Courts SA](http://www.courts.sa.gov.au)
- Local Law Libraries: Universities and public libraries often have law sections with case reports.
If you have any specific questions regarding these cases, feel free to ask!
tell me about them
Case Rating: *
Sure! Here are the summaries of the cases you mentioned:
- Corporation of the City of Norwood Payneham & St Peters v Dimitrious (*): Established that a minor variation in property use does not extinguish existing use rights.
- Peter Evans & Associates v City of Holdfast Bay (*): Confirmed that the Council must prove abandonment of use, not the landowner.
- Thompson v City of Charles Sturt (*): Determined that modifications for storage and warehousing did not constitute a material change of use from an industrial site.
- Rural Developments Pty Ltd v District Council of Mallala (*): Held that Councils cannot arbitrarily decide existing use rights are lost without following legal processes.
Is there anything specific you would like to know about these cases?