Unlawful junkyard Essay Example
23rd May, 2013.
In this scenario, a particular site is used as a residential place and the owner has collected items such as one trailer, twelve vehicles [consisting of both registered and unregistered, four of which are rundown] as well as vehicle parts such as three motors, twenty tyres and metal parts. The collection of these items onsite can be considered a junkyard in accordance with the Development Act of 1993. Below are the reasons why.
First and foremost, the presence of the twelve vehicles [consisting of registered, unregistered as well as some which are run down] on a residential allotment qualifies the subject site as a junkyard. In the first case [Matthews and Sharon Holding vs. The City of Playford], the court upheld that all car bodies and automobiles from the land with the exception of registered vehicles for household use and two ran down Rover saloon cars, should be removed from the site. In this situation, there are more vehicles than in the Matthews and Sharon Holding vs. The City of Playford case, some of which are unregistered and others dilapidated.
Secondly, the presence of numerous vehicle parts consisting of three motors, twenty tyres as well as metal parts qualifies the site as a junkyard (Blencowe, Ross and Law Society of South Australia, 21). This can be compared to the ruling delivered by His Honor, Judge Costello in the case of the City of Playford vs. Tavitian [3 September 2012] that keeping a large volume and nature of scrap materials and vehicle parts changes the use of subject land from residential to residential and storage scrap materials. It is also clear, as in the case of Matthew and Sharon Holding vs. The City of Playford, that such a large number of vehicle and metal parts are not ancillary to residential use.
Thirdly, the presence of a trailer on a residential place weighs heavily towards the site being more of a residential place and a junkyard rather than a residential place only. A trailer cannot be said to be ancillary to residential use as it is a heavy vehicle used for commercial and logistic purposes (Law Society of South Australia, 15). As in the case of Butler vs. the City of Mitcham, the court upheld that Mr. Butler had used the residential land in an unlawful and “non complying manner”, and one of the evidences pointed out was the presence of two trailers in the compound. Moreover, The State Heritage Area [Colonel Light Gardens] zone defines junkyard as «land used for the collection, storage, abandonment or sale of scrap metals, wastepaper, bottles or other scrap materials or goods, or for the collecting, dismantling, storage, salvaging or abandonment of auto mobiles or other vehicles or machinery, or the sale or other disposal of their parts» (Blencowe, Ross and Law Society of South Australia, 22).
Reasonable amounts of such items that are incidental and ancillary onsite maybe considered appropriate (Law Society of South Australia, 17).Reasonable in the sense that they do not occupy large areas in the rear or side yards.
Blencowe, Sybella, Ross, Tricia and Law Society of South Australia. Committee for Continuing Legal Education Recent decisions in planning and environmental law in South Australia. Law Society of South Australia, Continuing Legal Education, Adelaide, 1999.
Law Society of South Australia The environment and development law reports. Law Society of South Australia, Adelaide, 1994.
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