More recently, Hones Lawyers assisted Janet Petrie, owner of land at 1A Waratah Rd, Palm Beach (the Petrie Land) in obtaining relief from the Supreme Court of NSW in the form of a declaration of invalidity of an ‘easement for garden use’ (Easement) burdening the rear of the Petrie Land and benefitting the adjoining semi-detached…
Hones Lawyers acted for the successful Plaintiff in these proceedings brought against her neighbours, Mr and Mrs Theunissen (Defendants) concerning three easements burdening the Plaintiff’s land (the Barter Land) and benefitting the Defendants’ adjoining land (the Theunissen Land) being: A right of carriageway, located on a strip of the driveway on the Barter Land (RoC); An…
Our clients, Mr and Mrs Jeffery (Plaintiffs) sought relief to access (around a dam) on a right of carriageway (RoC) that benefitted the Plaintiffs land (Lot 34 in the image below) which was a steep and largely inaccessible portion of land near Coffs Harbour. The RoC burdened two parcels of land owned by the Defendants,…
In the case of BT Development Group Pty Ltd v Georges River Council [2023] NSWLEC 1490, the Land and Environment Court heard an appeal against the refusal of Development Application DA2022/0098 by Georges River Council. The application sought consent for the demolition of existing structures and construction of industrial buildings in Beverly Hills. The Court…
Sophie Whealy Partner Areas of ExpertiseEnvironment & Planning LawLocal GovernmentLand and Environment CourtLand Acquisition Sophie is a Partner with specialised experience in environmental, planning and local government law, having particular experience in obtaining development approvals and achieving high-value outcomes in compulsory acquisition matters in NSW, often via the Land and Environment Court of NSW. Sophie…
In a recent case, the Land and Environment Court considered an appeal concerning a development application for the construction of a childcare facility in Forestville, Australia. The court’s final orders, resulting from an agreement reached at a conciliation conference, upheld the appeal and granted development consent for the project. The applicant had lodged the development…
Find about Class 4 proceedings in the Land and Environment Court When dealing with the Land and Environment Court of New South Wales, it pays to be familiar with the different legal aspects and terminologies. If you’d like to understand more about what you can expect if you are involved in Class 4 civil enforcement…
The applicant in this matter, Benmill Pty Ltd, was seeking declaratory relief in relation to the approved use of three illuminated roof signs prominently displayed near the top of a 17-storey commercial office building at 275 Alfred Street in North Sydney. Benmill contended that the approved use of the signs was, and remains, for the…
The applicant in this matter, Mr Royle, is a resident of Newport on Sydney’s northern beaches. He bought his property in 2016 and had been attempting to negotiate with neighbours, the respondents, regarding pruning a bamboo hedge on their property which had grown and caused a severe obstruction to views of the beaches and headlands…
Wollondilly Shire Council is located about an hour from the Sydney CBD and within the South West growth corridor. It covers a significant area and prides itself on the mantra of “rural living”. Unfortunately for Wollondilly both its size, and its proximity, lends itself to unscrupulous contractors using the council area to dispose of waste.…