Case updates, planning appeals, and environmental law decisions from the LEC.
Ausbao (286 Sussex St Pty Limited) v RG NSW NSWCA18(“Ausbao”) related to the purchase of land at 286 Sussex St, Sydney for $55 million by Ausbao (286 Sussex Street) Pty Ltd. The deposited plans of...
The nuanced complexities of property disputes can surface in many forms, a compelling example being the case of The Owners – Strata Plan 85044 v Murrell. This case demonstrates the intricacies of airspace ownership, privacy...
Are you aware that developers, builders, and other persons owe a statutory duty to exercise reasonable care to avoid economic loss caused by defects? The Design and Building Practitioners Act 2020 (NSW) imposes obligations on...
Key developments in the Court’s approach to interpreting construction certificates. Principal Certifying Authority Section 6.6 of the Environmental Planning and Assessment Act 1979 (EPA Act) states that development consent (‘DC’) does not authorise building work...
Most property owners have encountered a neighbour with overgrown trees, shadowing their property or impairing their views. Ideally a quick, friendly chat with the neighbour leads to the errant tree being pruned back to an...
You can, but you need to be careful in how you go about it. If your development application has been determined by way of a consent, the council issuing the consent will usually apply conditions....
We have dealt with planning principles in some detail in our article on view loss and the right to a view. You can click hereto read that article. The Court defines a planning principle to...
If you are unhappy with the determination of council in relation to your development application, you can appeal that decision under section 97 of the Environmental Planning and Assessment Act 1979 (EPA Act). This avenue...
I have acted both for and against many people who have cut down trees and regretted it. As a matter of caution, contact your local council before you fire up the chainsaw. Every Local Environmental...
Unfortunately, not. No one has a right to a view to be maintained for their property indefinitely. This can be quite devastating for someone who has enjoyed ocean views for a number of years, only...
