Szabo & Associates News & Updates

Section 4.31 of NSW’s Environmental Planning and Assessment Act (1979) provides a Council (and others) with the power to commence proceedings to review the issue of a Complying Development Certificate (CDC). The illustrated case is the first time that the NSW Land and Environment Court used its power under s4.31 in declaring that the CDC that had been issued was invalid.

A commercial lease is a contract between a landlord and a business owner for renting property owned by the landlord. It is quite normal that a tenant will be required to provide security regarding their performance under the lease. This security requirement is normally provided by way of a bank guarantee or cash.

Disputes with neighbours over trees with overhanging branches or where there is the potential for property damage are not uncommon but best settled amicably if possible. If the problem persists, speaking with a solicitor about your rights and potential ways of resolving the matter is likely to be the way forward.

Noise is possibly the most common source of contention between neighbours. Top of the list, more often than not, are barking dogs, intruder alarms and noise from vehicles.

Noise can be a common source of contention between neighbours. ‘Offensive noise’ that interferes unreasonably with a neighbour’s comfort could be caused by its intensity, type, or the time when it occurs. If this is happening, it is usually preferable to discuss this amicably with your neighbour to find a solution. However, if they are uncooperative, what can you do about it?