Legal advice regarding Viridian submission · MCU18/0015

Clause 11 in Easement L and clause 8 in Easements M and P merely
postpone the time when the relevant rights can be exercised to a time after
a development approval is granted. That is a different and separate
consideration to a question about whether the development is consistent
with the easement terms.

Firstly, it is not suggested that the proposed use is inconsistent with
Easements L, M and P and clearly such a suggestion could not be properly
made out.

Secondly, the postponing of the exercise of the rights in the easements is
equally not inconsistent with the development because the use of the
easements cannot occur until a development approval is given.
Accordingly, there is no inconsistency between the proposed use of
proposed Lot 3 (if the Development Application is approved) and the terms
of Easements L, M and P.

Yours faithfully
CONNOR O’MEARA

WO. 0

“Liability limited by a scheme approved under professional standards legislation”

Advice (00009799)