Retaining Walls and maintenance

Mark Evans • January 15, 2020

In this video we talk generally about retaining walls and who is responsible to maintain and repair.


It is helpful to consider these issues by looking at case law so we go through a brief overview of recent NSW case law on this topic and how the Courts deal with this tricky area.

Download the Powerpoint slides here:

DOWNLOAD HERE

Disclaimer: This video is for educational purpsoes only and does not form the basis of a client/solicitor relationship. Please do not rely on the contents of this video as legal advice.


Remember: Law is complex and your unique circumstances are just that – unique to you.


You should always seek the advice of a competent legal practitioner. If you have any questions or need help with your particular situation please reach out to us on the contact details below.



Require further assistance? please do not hesitate to call us on (02) 9145 0900 or make an enquiry below.

Mark Evans Director Whiteacre Legal

Servicing all of NSW, Whiteacre provides expert property law and planning and environment law advice and assistance.

Planning Law Advice

Land and Environment Court Appeals

Voluntary Planning Agreements and Contributions

Development Control Orders and Enforcement

Property Development Advice and Due Diligence

Title Structuring

Easements and Covenants

Strata and Community Title legislation

Book an initial consultation through our website with our planning law solicitor. Whether it's about planning and environment law or property law, you can approach us and discuss your matter to make sure we are a good fit for your requirements.

BOOK ONLINE
shared driveways
By Mark Evans February 13, 2025
Shared driveways A common example of a shared driveway is where a right of carriageway passes through one neighbours’ (burdened) land into the other neighbour’s (benefited) land.
tiny homes
By Mark Evans November 27, 2024
In Part 1, we considered tiny homes and caravans on private land. That article can be accessed here Part 1 . In Part 2, we turn our attention to tiny homes and manufactured homes.
tiny homes
By Mark Evans November 22, 2024
In this article we explore tiny homes, caravans, and manufactured homes.
By Mark Evans and William Jamieson November 14, 2024
The general rule is that a development application ( DA ) is to be determined based on the law applicable at the time of determination of the DA, not at the time of lodgement: Sofi v Wollondilly Shire Council (1975) 31 LGERA 416.
When subdivision may not be considered development carried out on land
By Mark Evans and William Jamieson October 31, 2024
Subdivision, alone, may not constitute development “on land” and thus trigger development restrictions. 
Biodiversity Credits
By Mark Evans October 18, 2024
The Independent Pricing and Regulatory Tribunal (IPART) has released a summary of workshops and stakeholders’ submissions concerning the functioning of the NSW Biodiversity Credits Market.
Development
By Mark Evans and William Jamieson October 10, 2024
It is now well established that a development consent cannot be obtained to authorise works that have already been carried out. The classic example is a building that has been built without development consent.
Planning law
By Mark Evans and William Jamieson September 26, 2024
This article discusses the characterisation of land use in NSW planning law.
Private Land
By Mark Evans and Ryan Post September 5, 2024
Public infrastructure like sewerage pipes and stormwater pipes were often constructed a long time ago with no development approval or accurate record keeping. Over time, these assets have remained in place and often the local council authority either has no record of the infrastructure or knowledge of the history of construction of the asset or its ownership. Ideally, Council would have an easement registered on title to the subject land. This can cause huge problems when seeking to develop land with old infrastructure emplaced within the subject site.
By Mark Evans August 29, 2024
This article discusses tax implications of establishing a biodiversity stewardship site and generating biodiversity credits.
More Posts
Share by: