Daily Construction: Friday, 29 May 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
Jojeni Investments Pty Ltd v Mosman Municipal Council (NSWCA) - environment and planning - existing use of land was as a “building containing flats” - appeal allowed - declaration
Summaries With Link (Five Minute Read)
Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147
Court of Appeal of New South Wales
Macfarlan, Gleeson & Leeming JJA
Environment and planning - Council approved building alteration works to convert a two storey house into two flats in 1933 - appellant sought to demolish existing building and construct building containing three flats - land zoned R2 - appellant’s proposed development prohibited on land zone R2 - application turned on existing use rights -  primary judge declared land “has the benefit of existing use rights as two flats in a house” - appellant appealed - held: In 1933 it was possible for owner of property to use property as two residences without Council’s approval - use of building as modified for residential purposes answered description of “existing use” under s106(a) Environmental Protection and Assessment Act 1979 - characterisation of determined by having regard to purpose served by activities undertaken on land - use of building for three flats is not “different in kind” from use as a building for two flats - appropriate declaration of existing use was as a “building containing flats - appeal allowed.
On Virtue
By Phillis Wheatley

O thou bright jewel in my aim I strive
To comprehend thee. Thine own words declare
Wisdom is higher than a fool can reach.
I cease to wonder, and no more attempt
Thine height t’explore, or fathom thy profound.
But, O my soul, sink not into despair,
Virtue is near thee, and with gentle hand
Would now embrace thee, hovers o’er thine head.
Fain would the heaven-born soul with her converse,
Then seek, then court her for her promised bliss.

Auspicious queen, thine heavenly pinions spread,
And lead celestial Chastity along;
Lo! now her sacred retinue descends,
Arrayed in glory from the orbs above.
Attend me, Virtue, thro’ my youthful years!
O leave me not to the false joys of time!
But guide my steps to endless life and bliss.
Greatness, or Goodness, say what I shall call thee,
To give an higher appellation still,
Teach me a better strain, a nobler lay,
O Thou, enthroned with Cherubs in the realms of day!

Phillis Wheatley