I am so proud of this ex-sinkie Ah Beng. Don't play play..
http://manningham-leader.whereilive.com.au/news/story/court-gives-cars-a-park/
Alex Hoe and wife Kaz are in dispute with council over the number of cars he has on his property.
LOWER Templestowe motor enthusiast Alex Hoe has partially won a Supreme Court battle to keep his collection of 10 sports cars on his block.
But his fight to enjoy his hobby at home looks set to continue with the Manningham Council flagging further legal action.
Representing himself, Mr Hoe - who races and exhibits his cars in auto salon shows - took the council to Victoria’s highest court this month risking a legal bill of more than $35,000.
It followed council action last year ordering his collection of cars - parked at the front, side and rear of his house - to be reduced from 10 to four.
In a monumental decision last week, Justice Robert Osborn ruled the Victorian Civil and Administrative Tribunal decision, on which the council based its order to remove the cars, should be changed. Specifically, Justice Osborn said the declaration that Mr Hoe’s hobby changed his land use from dwelling to “store” under the Manningham Planning Scheme - making it unlawful without a permit - should be deleted.
Justice Osborn said although Mr Hoe does need a council permit, he could be eligible to have his property classified as a “car park”.
Unlike a store, a car park permit would not require Mr Hoe to have his cars in a building and would mean he could live at the site.
But until Mr Hoe gets the car park permit, the council considers his land - with the cars - in breach of the planning scheme, leaving him open to enforcement action.
Council director of planning and environment Paul Molan said it was yet to be tested whether someone in Mr Hoe’s situation qualified for a car park permit.
However in a statement, council chief Lydia Wilson raised the prospect of further legal action.
She said the council was “‘concerned about the precedent that an approval could set”.
“It is not considered in the interests of the community to transform private residential land into car parking,” she said.
Mr Hoe said the Supreme Court ruling proved the council made a mistake.
He called for them to sit down with him and discuss the matter.
“They need to take a sensitive and practical approach rather than a regimental one,” Mr Hoe said.
http://manningham-leader.whereilive.com.au/news/story/court-gives-cars-a-park/
Alex Hoe and wife Kaz are in dispute with council over the number of cars he has on his property.
LOWER Templestowe motor enthusiast Alex Hoe has partially won a Supreme Court battle to keep his collection of 10 sports cars on his block.
But his fight to enjoy his hobby at home looks set to continue with the Manningham Council flagging further legal action.
Representing himself, Mr Hoe - who races and exhibits his cars in auto salon shows - took the council to Victoria’s highest court this month risking a legal bill of more than $35,000.
It followed council action last year ordering his collection of cars - parked at the front, side and rear of his house - to be reduced from 10 to four.
In a monumental decision last week, Justice Robert Osborn ruled the Victorian Civil and Administrative Tribunal decision, on which the council based its order to remove the cars, should be changed. Specifically, Justice Osborn said the declaration that Mr Hoe’s hobby changed his land use from dwelling to “store” under the Manningham Planning Scheme - making it unlawful without a permit - should be deleted.
Justice Osborn said although Mr Hoe does need a council permit, he could be eligible to have his property classified as a “car park”.
Unlike a store, a car park permit would not require Mr Hoe to have his cars in a building and would mean he could live at the site.
But until Mr Hoe gets the car park permit, the council considers his land - with the cars - in breach of the planning scheme, leaving him open to enforcement action.
Council director of planning and environment Paul Molan said it was yet to be tested whether someone in Mr Hoe’s situation qualified for a car park permit.
However in a statement, council chief Lydia Wilson raised the prospect of further legal action.
She said the council was “‘concerned about the precedent that an approval could set”.
“It is not considered in the interests of the community to transform private residential land into car parking,” she said.
Mr Hoe said the Supreme Court ruling proved the council made a mistake.
He called for them to sit down with him and discuss the matter.
“They need to take a sensitive and practical approach rather than a regimental one,” Mr Hoe said.