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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44909
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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The four and a half acres next door to us has been permitted

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The four and a half acres next door to us has been permitted by Hilltops council here in Young nsw to be subdivided into 17 residential blocks much to our dismay. About 15 families in the area have put in a protest about the subdivision which at the first council meeting was knocked back. Then to our suprise another council meeting was to our understanding rushed in a couple of weeks later at Boorowa. The Hilltops spokes person Wendy Tuckerman alerted to us when we went to the second meeting that there were cameras in the building to which we were a little confused about. Wendy then went on to say the subdivision would go ahead which took us all by suprise. About three days later she resigned. The points that we have made is that we all have 1 to 5 acre blocks in the area and this subdivision will be an eye sore. There is already a lot of vacant blocks in the town of Young, approximately 70 to 80 blocks. Then there is the fact that the road coming out of the proposed subdivision is larger than the main road it leads onto with the subdivision being a culdesac. Also the fact that this will in time de value all of our properties. Water run off has not been considered and a various of other issues. My name is********** Young nsw
JA: Has anything been filed or reported?
Customer: Sorry not quite sure what you mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Good Morning

When did this all happen?

I assume the zoning was changed for the land involved.

Are you all prepared to challenge the decision in the Land and Environment Court?

Customer: replied 2 months ago.
The subdivision proposal from council started approx May, 2016. The land was originally zoned Rural when we purchased our blocks back in 1999 - 2000 but has since been re - zoned Residential in 2010.Yes we are prepared to challenge the decision in the Land and Environment Court.

Good Morning

When was the decision by council made?

You do not have much time to take this to court.

You have to have evidence and show that they have made an error.

You will need to hire a Solicitor that practices in Local Government Law.

Customer: replied 2 months ago.
The council decision was on Wednesday 2nd August,2017. The council claims that if we are dissatisfied with the decision of consent we have the right to appeal to the Land and Environment Court within 28 days of the date of the notice (which is 3rd August, 2017).

That is correct you have 28 days to appeal their decision

You will need to contact the law society of NSW and get a referral to solicitors that practice in Planning law or Land and Environment.

You should also contact council and get copies of the application and the decision and is possible minutes of the meetings relevant to this development.

You should be able to get that under the old Freedom of Information Act now called GIPA.

Law society contact page is as follows

https://www.lawsociety.com.au/ContactUs/index.htm

The link on getting information from the council is below.

http://www.young.nsw.gov.au/About-Council/access-to-information

All the best and good luck with it.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further 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.

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Regards
Leon

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