So, boiling this down: a lot which has been granted a right of access via an easement wants to use the easement to access their property? If that’s correct, I fail to see how it could be characterised as ‘abuse’. The person would be actually using their granted right for the purpose for which it was granted. Or, am I missing something?
If it causes you concern, there may be more utility in looking to whether they can actually operate that business from their home. Depending on the nature of it, it may require Council approval and potentially a development application. That process may give you scope for an objection on the basis of the impact it will likely have on your use and enjoyment of your properties. But, as Tim commented, probably not a DIY situation. You could try a local community legal centre.
Thank you for responding, I understand what you're saying, but this person's block isn't landlocked, he has access to all parts of his block from his own driveway. why is there an RoC in the first place. If for work on the initial building of the house etc., why wasn't it released at the completion of the work? There are no markings/symbols on that lot, on the maps in the DP, showing RoC for that block, where as it does for all 6 houses of 180-180A-E. There are no markings showing the path of use thru the other peoples land either! He can therefore drive anywhere across the land!
The business involves house staging & they want to warehouse all the different furniture & furnishings etc. in the shed & use the road & the easement across 2 peoples land as access to it for the trucks etc.
There is a DA going thru, but Council seems to be massaging the LEPs to let them have the shed, even though the LEP says no more than 40m2 floor space to be used for the business. Yeah right!! The shed has 122+m2 floor space, how do they police that usage?!
Thank you again for your advise & time.
Cheers
Angel