Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:

1. These proceedings concern certain parcels of valuable beachfront land at Casuarina - a suburb of the far northern New South Wales coast within the Local Government Area of the Tweed Shire Council (Council).

2. The plaintiff, Vashti Elizabeth Conway (Ms Conway) is the registered proprietor of Lot 52 in DP X, commonly known as X Harper Court, Casuarina (Lot 52/Conway Land).

3. The first defendant, Leeroy Property Investments Pty Ltd (Leeroy) is the registered proprietor of the two parcels adjoining the Conway Land to the north comprising of:

a) Lot 50 in DP X (Lot 50) - commonly known as X Beason Court, Casuarina; and

b) Lot 51 in DP X (Lot 51) - commonly known as X Harper Court, Casuarina - together Lots 50 and 51 will be referred to as the Leeroy Land.

4. Set out below is an aerial photograph of the relevant lots (with the relevant lot numbers superimposed):

Photograph can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1973d30aad914afc55043d0a)

5. On 14 June 2022, Council granted development consent to Development Application DA 20/1021 (the Consent) under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), permitting construction and use of a dwelling on the Leeroy Land.

6. Ms Conway then commenced proceedings in the Land and Environment Court raising three matters:

a) a declaration that the Consent was invalid and of no effect;

b) a declaration that on the transfer of Lot 50 and Lot 51 to Leeroy, Lot 51 was burdened by an implied easement in favour of Lot 52 to provide adequate solar access to the principal private open space [1] centrally located in the dwelling constructed on Lot 52 (implied easement); and

c) an order imposing an easement over Lot 51 pursuant to s 88K of the Conveyancing Act 1919 (NSW) in favour of Lot 52 to provide adequate solar access to the principle private open space centrally located in the dwelling constructed on Lot 52 (s 88K easement).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1973d30aad914afc55043d0a)

Disclaimer: Curated by HT Syndication.