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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Posted 04 December 2014
Category: Development Contracting, Planning Approvals
Further to Bannermans article on Crane Airspace Licences, owners can be approached by a developer carrying out development on an adjoining site, requesting a licence to install scaffolding upon or rock anchors beneath their land.
Adjoining owners and developers should make every effort to negotiate with each other, as failing agreement being reached there is the possibility of the developer obtaining rights to access the adjoining property pursuant to an order of the court under Section 88K of the Conveyancing Act 1919 or the Access to Neighbouring Land Act 2000 which can be expensive and time consuming court processes.
Issues that should be considered when negotiating the terms of a licence include:
Amenity issues to be considered include:
Does the developer’s proposal properly address safety issues? For example:
Does the draft licence deed provided by the developer adequately address the following:
We recommend that developers address the above issues in any licence sought to minimise negotiations required and if you are an adjoining owner approached by a developer with a request for a scaffolding and/or rock anchor licence, you obtain legal advice before entering into any arrangements with the developer, in order to ensure that these issues are properly addressed.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.