Szabo & Associates News & Updates

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:

The recent NSW Supreme Court case of Realm Resources Ltd v Aurora Place Investments Pty Ltd (2019) dealt with a dispute that arose as to whether a binding sublease of five years had been entered into in respect of part of Level 16 of the Aurora Place building in Sydney's Philip Street.