Pike v TigheCitation:[2018] HCA 9Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:14 Mar 2018Case Number:B33/2017Read more

Pike v TigheCitation:[2018] HCA 9Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:14 Mar 2018Case Number:B33/2017Read more

A successor in title is obliged to provide an easement complying with a development approval condition if the statutory scheme binds successors, and failure to do so constitutes a development offence.

Parties
Applicant: Unknown (Council); Respondent: Unknown (Successor in Title)
Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Town Planning Enforcement / Judgment
Outcome
Judgment for applicant
Legal Topics
Development Approval, Conditions on Development, Easements, Enforcement Orders
Town Planning Property Law Development Approval Conditions on Development Easements Enforcement Orders

Case Brief

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Parties

Unknown (Council)

Applicant

Unknown (Successor in Title)

Respondent

Procedural Posture

Town Planning Enforcement / Judgment

Legal Issues

  1. 1 Whether a successor in title is obliged to provide an easement complying with a development approval condition
  2. 2 Whether failure to provide such an easement constitutes a development offence by the successor in title

Ratio Decidendi

A successor in title is obliged to provide an easement complying with a development approval condition if the statutory scheme binds successors, and failure to do so constitutes a development offence.

Court Disposition

Judgment for applicant

Orders

  • Successor in title is ordered to provide an easement complying with the development approval condition.
  • Enforcement order granted.