The Court of Appeal outlined when the consent of the owner’s corporation is required for a lot owner’s development application in Owners Strata Plan No. 50411 & Ors v Cameron North Sydney Investments Pty Ltd [2003] NSWCA 5. Consent from owner’s corporation is not required for a development application when work is wholly within boundaries of lot. However, consent from owner’s corporation is required for a development application when works impact on common property. There is judicial debate as to what will entail ‘impact’. If the owner’s corporation decides not to provide consent, the lot owner can apply to the NSW Civil and Administrative Tribunal to settle the dispute.

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