[Danielle Dwyer]

Hi Everyone,

Hoping someone can help me with this question. We have a Boardwalk project that is underway and there is a parcel of land which will be affected by future works. The historic parcel is 132.8m and is landlocked with the owners deceased so the only option is to put it on our sale of land list. We obviously won’t be able to consult with the owners on the project so just not sure where to even start.

Many Thanks,

Dani

[Robert Hay]

Hi Dani

I’ve never dealt with something like this but this is the process I would follow:

Easiest – sell the property prior to notifications being sent for the future works.

If not possible I would then look at Section 710 2(e) to serve your notifications:

(e) by fixing the notice on any conspicuous part of the land, building or premises owned or occupied by the person.

That’s if you can actually gain access to the property. I have seen many examples of where a Council has posted notifications on the front fence of a vacant property in a plastic sleeve to give notice.

Unfortunately, I am not so familiar with the Environmental Planning and Assessment Act 1979 which may overide the above.

In the end it might require a legal opinion.

• This reply was modified 4 years, 5 months ago by Andrew Butcher.

[Danielle Dwyer]

Hi Robert,

This is a great help to me.

Thanks so very much!

[Author]

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