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Due Diligence – Survey and Planning

Due Diligence seeks to answer the question 

“What development can I propose and is there anything that may prohibit that?"

Due Diligence is a term we hear frequently. It may be described as an exercise of care or discovery that a person is normally expected to take before entering into an agreement or contract for the interest or purchase of land.
Due Diligence is the act of discovering or investigating all aspects of a potential land deal, whether it be for redevelopment, land banking, rental/lease or as an investment.
A prudent purchaser will want to determine any issues or potential issues with the land and the titles, prior to purchase.

In our case, Due Diligence relates to land and real property, it can be where acquisitions are for a planned purpose in accord with a strategic pathway. Often these enquiries are highly commercially sensitive, and we assure you of our discretion and confidentiality.

Such Survey and titling matters can include;

  • Easements

  • Restrictions

  • Covenants

  • Utility leases

  • Encroachments by or upon the land

  • Proposed easements

  • Apparent easements on site for which no easement is registered

  • Site area

  • Disclose any issues with the boundaries of the land or their dimensions

  • Verification of strata areas and identification of all part lots

  • Verification of lease areas

With relation to survey, Due Diligence seeks to disclose all the titling issues the property presents as well as confirming the available land dimensions.

When purchasing land or developing an existing holding, planning due diligence will provide a detailed picture of the existing characteristics of the site and examination of the applicable EPI’s which affect the development potential of the site.

Often Due Diligence can include a professional’s advice on the highest and best use(s) for developing a site. 

Such Planning matters can include;

  • Local planning controls for example ‘Floor Space Ratio’, ‘Building Heights’, ‘Minimum Lot Size’ etc. 

  • Application of Environmental Planning Instruments (EPI’s) Local Environmental Plan (LEP), Development Control Plan (DCP) and State & Environmental Planning Policy (SEPP).

  • Determination of applicable land acquisition of state and local (SEPP/LEP) environmental planning mapped land. Often mapped for community facilities or public infrastructure.

  • Other interested external authorities can include Rural Fire Services, NRAR, (Natural resource access regulator) Heritage NSW & Aboriginal Local Land Council’s.

  • Natural land constraints such as topography, watercourses, public assets and other characteristics that would affect the ability to develop the land.

We are experienced in the provision of Due Diligence reports for both Planning and Survey matters, having provided these for both vendors and purchasers over many years.

If you need to know these answers about your intended purchase or sale, then we can assist you with your discovery or duty to disclose. Please feel free to call to discuss your needs with our team.

May 16 2022

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