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Hi,
I’m not sure if this topic is in the right place.
We are a small 15 unit 3 storey self managed strata plan. A developer has been granted consent by Council to build a 32m high multi unit development on adjoining vacant land parcels. An agreement was reached between the developer and council to amend the LEP to extend the height limit from 18m to 32m, prior to lodging their DA. The land has flooding limitations.
Yesterday I found contractors for the next door developer on our strata plan common property opening up our sewer release and running piping down into it – some kind of surveying assessment. I asked them who they were and what they were doing. They claimed they had permission but could not provide evidence. I requested them to leave. Later I found a notice from the developer in the letterbox informing our property that access would be required and that their people would be on our property and thanking us for our cooperation.
I emailed the author of the letter and told them what they needed to do to request permission to enter onto or carry out work on our property.
I have concerns. I learned from some quick research that it is possible for the developer to be granted (by a court) access or an easement on our land. Wondering what is our best course of action to insure our strata plan against any possible loss or damages. Can we require that they indemnify us before we grant access?
Thank you for any advice.
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