An­other hear­ing in Novem­ber about work­shop

Southern Telegraph - - News -

The State Ad­min­is­tra­tive Tri­bunal has heard a case be­tween the City of Rock­ing­ham and a Bal­divis landowner.

The landowner took his case to the tri­bunal af­ter be­ing told by the City he must re­move a work­shop on his prop­erty be­cause it did not meet the City’s Lo­cal Plan­ning Scheme.

Af­ter be­ing told by the City the work­shop was not meet­ing plan­ning stan­dards and that he would have to re­move the de­vel­op­ment and re­store the land to its orig­i­nal con­di­tion im­me­di­ately, Noel Cas­tle ap­pealed to the SAT, which heard the case in Au­gust and re­leased its re­port last week.

Al­though an ap­proval for an “ex­ist­ing work­shop for the re­pair of agri­cul­tural ma­chin­ery” was granted by the City in 1989 for the prop­erty, the SAT found this ap­proval was be­ing breached be­cause the main­te­nance, re­pairs and ser­vic­ing of equip­ment be­ing un­der­taken at the site was not be­ing “used for ru­ral pur­poses in the lo­cal­ity only”, which formed part of the orig­i­nal ap­proval.

Al­though Mr Cas­tle also sought re­view by the tri­bunal of the de­ci­sion of the coun­cil to refuse to grant de­vel­op­ment ap­proval for a “ru­ral work­shop” on the site in or­der to reg­u­larise its cur­rent use, the SAT found the use of the de­vel­op­ment was “not ca­pa­ble of ap­proval” as it was prop­erly clas­si­fied as in­dus­trial use un­der the scheme, which was pro­hib­ited in the ru­ral zone in which it sat.

An­other hear­ing on the mat­ter will be held in Novem­ber.

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