Question
Phil Jones is a property developer. He owns an 800 sq m lot in Hornsby. His elderly neighbour Cyril's lot is 1000 sq m. Phil
Phil Jones is a property developer. He owns an 800 sq m lot in Hornsby. His elderly neighbour Cyril's lot is 1000 sq m. Phil knows that if he can consolidate the lots he will get planning approval to build a 24-lot apartment building. However, he also knows that Cyril is strongly anti-high-density development in Hornsby, so he tells Cyril he wants to buy his land to build a large family estate.Phil says he wants to build a swimming pool and tennis court for his kids on the extra land. Cyril agrees to sell his land to Phil and the transfer is registered. Cyril later discovers that Phil has lodged a DA for a 24-lot strata scheme on the consolidated lots. He is furious. Can he get his land back?
Please answer with case law and most importantly nsw legislation. Thanks!
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