Watpac Construction (NSW) Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Case Name:  Watpac Construction (NSW) Pty Ltd v Council of the City of Sydney Medium Neutral Citation:  [2014] NSWLEC 163 Hearing Date(s):  1 October 2014 Decision Date:  9 October 2014 Jurisdiction:  Class 3 Before:  Biscoe J Decision:  (1) Pursuant to s 10(3) of the Access to Neighbouring Land Act 2000 the requirement to give notice under s 10(1) of that Act is waived.   (2) Pursuant to s 11(1) of the Access to Neighbouring Land Act 2000 the applicant is authorised, for a period of two years from the date of these orders, to access the portion of the land vested in the respondent known as Regimental Square situated at 339A George St, Sydney being Lot 1 in DP 254818 as marked in red on the plan at Annexure "A", for the purpose of carrying out the "Works" defined in, and subject to the terms set out in, the conditions of access agreed between the parties on 23 September 2014 as amended at the hearing, a copy of which is at Annexure "B".   (3) The applicant is to pay the respondent's costs of and incidental to these proceedings.   (4) Note that the respondent reserves the right to apply, in accordance with s 26 of the Access to Neighbouring Land Act 2000, for compensation arising from the access granted under Order 2.   (5) The exhibits may be returned. Catchwords:  NEIGHBOUR APPLICATION - application for neighbouring land access order under s 11 Neighbouring Lands Act 2000...