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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have a driveway right of carriageway to service 4 lots (4

Customer Question

Hi....we have a driveway right of carriageway to service 4 lots (4 homes). 3 have been built on. We recently received DA for proposed childcare centre to develope the front vacant lot (920M2) and the DA includes 6 car spaces (drop off) which will use the driveway as the entry/exit piont. The driveway is single lane and we are concerned about traffic potentially 35 cars morning/afternoon and the impact on the 3 lots. In addition, potential danger to the children 3-5 yr old. Does exisitng lots need to take out somesort of insurenace to cover accidents in the drieway and what are our rights.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: cheers. Joe
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NSW- Hornsby to be exact
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: maybe later
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.

Good Morning.

If the front lot is also benefited by the Right of carriage way you cannot argus against them using it.

If you believe that there are alternatives to them using the drive way you can set them out.

You have a right to object to the use based on the increased traffic and the danger to the children.

Also the increased burden on the carriage way and damage and how it will negatively impact on the other lots.

You may have to get an exit town planner to assist you with your submissions.

Al lot owners have to object and put their objections in writing for them to have any impact.

I hope this makes sense and is of assistance. If there is nothing further

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If I have missed anything, or you have any further questions please let me know

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