Szabo & Associates News & Updates

An interest in land created by a lease can be a valuable asset and must be protected. Commercial leases often include an option to allow the lease to be extended. There are generally strict requirements to be met to exercise the option. These requirements can include the method of giving notice, the notice period before the expiry of the lease and the address for service.

Legislation relating to the management of the environment and land usage is vital for developers in NSW.  When a development application is refused, or conditions have been imposed, understanding the appeals procedure is essential. Here we discuss how development appeals work and the key factors to take into account if you are considering making an appeal.

In the recent case of Stamford Property Services Pty Ltd v Mulpha Australia Ltd (2019) NSWCA 141 the Court of Appeal disagreed with a decision of the NSW Land & Environment Court (LEC) and, in doing so, clarified the meaning of “land” as it applies to s57(1)(e) Heritage Act 1977 (NSW).

Leda Manorstead Pty Ltd (“Leda”) is the developer of the Cobaki Estate, a major residential development in northeast New South Wales. In December 2010, concept approval was given for the Cobaki Estate project which involves 5500 residential dwellings, a town centre and complementary areas including open spaces and wildlife corridors.

Easements are a right to cross or otherwise use someone else’s land for a specified purpose. Applications for an easement under s88K of the Conveyancing Act 1919 will usually be heard by the NSW Supreme Court. However, the Land and Environment Court has “additional powers” to agree an easement if: