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 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…
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…
The New South Wales government passed the Retail and other Commercial Leases (Covid-19) Regulations 2020 (Regulations) on 24 April 2020 and the provisions became effective from that date. The Regulations expand on the provisions of the Mandatory Code. In general terms, they provide the following: 1. Eligibility a) Impacted lessees, being tenants of a retail…
The national cabinet has now met and produced the Mandatory Code of Conduct which imposes a set of good faith principles to apply to retail, office and industrial tenancies. The Code sets out how landlords and tenants must share the financial risk and cashflow risk during the COVID-19 period. The Code sets out how the…
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.…
The Applicant in this matter, Ms Fenwick, is a resident of Bundanoon in Wingecarribee Shire in the Southern Highlands. In 2006, a development consent was granted by Wingecarribee Shire Council approving the subdivision of land adjacent to the Applicant’s home. This consent was subject to conditions which included limiting the height of new buildings to…
We acted for Mr and Mrs Saada in this matter, and assisted our clients in preparing an appeal to the North Sydney Council Independent Planning Panel’s refusal of their rear alterations and additions. Our clients had already reduced their development after consultation with Council, and in the face of a number of submissions opposing their…