NSW Land & Environment Court: easement applications are not always easy

When NSW established its Land & Environment Court in 1980, it was the world's first specialist superior Court of its type. It hears environmental, development, building and planning disputes. Szabo & Associates Solicitors provide expert advice and representation in litigation in the Court.

The jurisdiction of the Court is divided into various classes of proceedings, including environmental planning and protection appeals (Class 1) and environmental planning protection and civil enforcement (Class 4).

An example of the Court’s work involving both of these classes of proceedings can be observed in the recent case of Alramon Pty Ltd v City of Ryde Council (2022), where both Class 1 and Class 4 proceedings were heard together.

In Class 1 proceedings, Alramon appealed against the Council’s decision to refuse its development application for a childcare centre, while in Class 4 proceedings, it sought an easement under s88K of the Conveyancing Act 1919 (NSW) to give it access over the Council’s car park for traffic generated by the centre.

Vehicle access to the development relied on the adjacent car park owned by the Council. Roads are permitted with consent, and Alramon argued the access was a private road.

The Court decided not to exercise its discretion to grant an easement, and both proceedings were dismissed. The Council car park was not considered to be for the purpose of a road. Nor was the proposed easement ‘reasonably necessary’ and that adequate compensation could not be provided to the Council.

Contact our Land & Environment Court Lawyers in Sydney, NSW

Szabo & Associates Solicitors can assist clients involved in planning or environmental disputes. Please call us on 02 9281 5088 or fill in the online contact form.