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Recorded Webinars

Recorded Webinar: Can Neighbours be Good Friends? Where Planning Permission and Property Rights Collide (NSW)

The property development boom and zoning changes have brought with them increasing complaints by neighbours of interference with property rights, ranging from overshadowing to noise interference, lost access to views and other restrictions to property enjoyment. This session will

Date/Time

About the Webinar

The property development boom and zoning changes have brought with them increasing complaints by neighbours of interference with property rights, ranging from overshadowing to noise interference, lost access to views and other restrictions to property enjoyment. This session will explore the common law position concerning traditional property rights, and the effect the granting of planning permission by statutory and other authorities has on those rights. In particular, the session will look at:

  • Trespass, nuisance and breach of covenant as enforceable property rights against developers and others
  • The intersect between planning law permissions and property rights
  • The rights of the aggrieved neighbour v the rights of the property developer: how can these be reconciled?
  • What remedies are available for -breach? Injunction and damages discussed.
  • A case study of Lawrence v Fen Tigers [2014] UKSC 13 and how the decision might be applied in Australia
  • The right to airspace: crane oversailing and the case of Janney Ors v Steller Works Pty Ltd [2017] VSC 363
  • Overcoming conflict through statutory and other means - Access to Neighbouring Land Act 2000

Presented By

Sydney Jacobs
Barrister, 13 Wentworth Chambers Sydney, NSW

Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements & covenants involving both Torrens and Old System land, leasing matters including director’s guarantees, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/termination/specific performance/relief against forfeiture/claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. Underscoring a life dedicated to the law (when he is not snowboarding), Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters). He has been, for many years, a popular presenter of CPD seminars.

Who Should Attend?

This webinar is suitable for lawyers practising in property law in NSW. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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