Is a transfer granting easement enough to satisfy a deferred commencement condition?

Is a "Transfer Granting Easement" enough to satisfy a deferred commencement condition? Mauro Poletti v Inner West Council [2017] NSWLEC 1325

WHY IS POLETTI IMPORTANT?

This case confirms that registration of an easement is required to give certainty and it is reasonable for the easement to be required to be registered prior to the operation of the development consent.

THE DECISION

In Poletti the issue was whether a deferred commencement condition requiring "an easement to be obtained" and "proof of registration of the easement" could be satisfied by the provision of a "Transfer Granting Easement" agreement. The Applicant sought a replacement operational condition requiring registration prior to the issuing of an occupation certificate.