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What are my rights with the Cessnock council when they will…

What are my rights with...

What are my rights with the Cessnock council when they will not let you build due to no road being there but there is a Right of Carriageway through one of the properties to give access to 6 blocks of land that benefit from this Right of Carriageway?

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Answered in 19 minutes by:

8/4/2014

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Who owns the property where the tight of carriage way will be granted? Or is this part of true subdivision?

Customer reply replied 8 years ago

My block as well as 6 other blocks benefit from the Right of Carriageway through lot 5, my proposal to council is to allow the road to be built as a private road through lot 5 and reverse my house to face the front of easement which we will have to build ourselves but there is other issues on the block but this is the main one. I have a meeting with the Lord Mayor on Wednesday this week to see what we can do to have the DA go through but I am wanting to know what my legal rights are for my block as I have been paying rates for a Residential lot for around 4 years and was told previously that it was a building block and now they are putting up barriers for me through the planners at the council.

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon Sharon
Has lot 5 agreed to this?

Customer reply replied 8 years ago

The owner of lot 5 knew when they built that they could not build on the easement of 6mtres and they have put gates in there I have been informed prior to this from another solicitor that we have the right to have access as this was all part of the agreement when we purchase the land 4 yrs ago.

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon Sharon
A right of carriage way is not a road and if lot 5 does not allow it to go that way then they can object.
Having said this, if it is not approved you can take the matter to the land and environment court and have them overturn Councils decision.
Before you do any of this you should get an independent town planner look at your proposal and make sure that it complies with all council zonings and acts.
But the Land and Environment Court has the power to overturn the decision of the council
I hope this makes sense and is of assistance.

Customer reply replied 8 years ago

This still does not answer the question of really what rights do I have when council has rejected the DA due to no road and also the land is not keeped by the other parties in this lot do we have a recall to council to allow us to build on the land and should they not be made to build the road to give us access as there was a gazetted road on the map and we are still paying rates??

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon Sharon Your only right is to have the decision reviewed by the Land and Environment Court. Unless the court overturns the decision you cannot do anything. This is why I have told you what you need to do to prepare for the worst and that is go to court. The responsibility of the right of carriageway is that of the owner of the land that it is on. The others only have a right to use it. Its maintenance is the owner of the lot it is on unless the 88B instrument says anything to the contrary. What happened to the gazetted road?

Customer reply replied 8 years ago

Council have not agreed to build it as yet and they might not build it at all if I was a developer then I might have more rights as they seem to get away with it?

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
But they had gazetted that there would be a road built? Where was this road to be built?
Again this is another matter that can be taken up with the the Land and Environment Court or even better the NSW Ombudsman.

Customer reply replied 8 years ago

The road is on the plans for the Subdivision which goes back to 1947 and they still have not built the road and now they are trying to get out of it by saying that we are also too close to a Poultry farm which should be 500 away from our house and we are 461 away from the Poultry Farm, I think they are trying to get out of building a road and hope that we go away and loose our $60,000 for what we have put down on deposit for a new house with Eden Brae and also we own the block of land which was part of this amount.

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon Sharon
The DA you have provided for all this, has a Surveyor been involved and have they confirmed that ti all complies with the requirements of the zoning and building codes?
If the answer is yes then the Land and environment Court will overturn the decision of council.
Also you would force them to comply with the road that has to be built,

Customer reply replied 8 years ago

Thankyou for your help hope my Meeting on Wednesday goes well and the council decide to help us if not then the next alternative is to go the Courts.

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon
I wish you all the best Sharon
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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