Case Law

  • Another Successful Appeal
    Once again, pleased to have assisted our client in obtaining Development Consent for an 80-place child care centre with basement parking in the Blacktown Council LGA. The contentions raised by Council included arguments relating to: The primary street setback (as opposed to a secondary street setback) on a corner allotment, Issues relating to waste management, … Continue reading “Another Successful Appeal”
  • Appeal Upheld
    Pleased to have assisted our client in obtaining Development Consent for a staged Torrens Title subdivision–and a subsequent Community Title subdivision to ultimately allow for the development of six dual occupancies and a single dwelling–over an extensive parcel of land in the Parramatta LGA. The matter was before the Court and contained a number of … Continue reading “Appeal Upheld”
  • Appeal Upheld
    Pleased to have assisted our client in obtaining approval through the Land & Environment Court for a boarding house development in Harris Park. There were significant issues relating to heritage, bulk and scale and dedication of land to council in the rear laneway which materially affected the area of the site that could be included … Continue reading “Appeal Upheld”
  • Appeal Upheld
    Very pleased to have assisted our client in negotiating an agreement with Blacktown Council and obtaining approval through the Land & Environment Court for a new generation boarding house in the suburb of Mt Druitt. The judgement is in the link. The predominant issue that had to be overcome on this development was the complex … Continue reading “Appeal Upheld”
  • Appeal Upheld
    Pleased to have assisted our client in obtaining approval through the Land & Environment Court for a town house development in the suburb of Hillsdale. As can be seen from the judgment here, the issues that had to be overcome included overshadowing, height, scale and setback.  There was also a relatively unusual contention relating to … Continue reading “Appeal Upheld”
  • Successful Council Negotiations
    Happy to have assisted another small developer who has tried to dip its toes into property development by making an application to Council for a duplex development with granny flats at the rear of each proposed dwelling. Council initially resisted the application, because whilst the development was permissible in the R2 residential zone, the building … Continue reading “Successful Council Negotiations”
  • Appeal Upheld
    Pleased to have assisted our client in obtaining approval through the Land & Environment Court for a boarding house development in Belmore Road Randwick under the Affordable Housing SEPP. The application was originally refused by Randwick Council. As can be seen from the judgment, the issues that had to be overcome included maintaining a heritage … Continue reading “Appeal Upheld”
  • Appeal Upheld
    Very pleased to have assisted our client in obtaining approval through the Land & Environment Court to increase the capacity of the childcare facility from 24 children to 45 children after commencing proceedings against Penrith City Council who originally refused the proposal. It was a great outcome for the client who is a family operator, … Continue reading “Appeal Upheld”
  • Don’t Be Put Out by Put Options
    Have you secured the sale of your residential property with put and call options? A recent legal decision shows that sale may not be as secure as you think. So, What Happened? A potential purchaser of several residential properties entered into put and call option deeds with several vendors. When the purchaser failed to exercise … Continue reading “Don’t Be Put Out by Put Options”
  • Appeal Upheld
    Thanks to the representation of Macquarie Lawyers, an appeal was successfully upheld in the NSW Land and Environmental Court to allow the construction of a new 15 room boarding house in Blacktown, and to reverse the decision of Blacktown Council to refuse the application. The result is most pleasing for our client. The commissioner stated … Continue reading “Appeal Upheld”