In the media - National
NABERS for Apartments is a "watershed moment"
for strata sustainability
NABERS for Apartment Buildings has gone live and is
expected to be a major shakeup for owners corporations, investors,
developers and builders. The new NABERS Co-assess and Waste tools
– will measure and score energy and water used in apartment
common property areas, such as carparks, gyms and lobbies, which
can be responsible for more than 50 per cent of total energy use
(07 June 2018).
More...
Protection of Australia's Commemorative Places and
Monuments
The Australian Heritage Council's report to the
Minister for the Environment and Energy on the protection of
Australia's commemorative places and monuments has been
released (01 June 2018).
More...
House Price Decline 'Larger than Expected'
The sale of new homes in five of Australia's largest
states tumbled last month, with one of the big four bank's
predicting that weakness in the market will be graver than expected
(07 June 2018).
More...
As costs rise, Aussies are demanding energy-efficient
buildings
Australian consumers are demanding energy efficiency in
new buildings – and ignoring this trend could be dangerous
for the building industry (24 May 2018).
More...
Housing Affordability Improves Across Australia:
Report
Housing affordability has improved across the country
despite falls in Victoria, South Australia and ACT during the first
quarter of 2018, according to research from the Real Estate
Institute of Australia (06 June 2018).
More...
Funded projects announced for national historic sites
2017-18
Dozens of projects will share in more than $4.42 million
under the Protecting National Historic Sites program to protect,
manage and conserve historic places on our National Heritage List
(31 May 2018).
More...
In the media - Victoria
Melbourne Road to be Built with Recycled Plastic
Waste
A new project in Melbourne's north is taking soft
plastics and glass diverted from landfills to construct a Victorian
road in an Australian-first trial (01 June 2018).
More...
Developers to Be Hit with Occupancy Charge for Blocking
Traffic
The Victorian government will charge developers thousands
of dollars if they clog up busy roads under a trial to be
introduced to bust congestion around building sites (29 May 2018).
More...
Getting It Done: Mordialloc Freeway Planning
Continues
Planning for the congestion-busting Mordialloc Freeway has
taken another step forward, with final scoping requirements for the
Environment Effect Statement (EES) signed off. The
ESS will be prepared by VicRoads in close consultation with DELWP
and a technical reference group (TRG) consisting
of statutory agencies, department and local councils (31 May 2018).
More...
In the media - Queensland
Brisbane council's ban on townhouses, apartments in
low density areas is 'backwards'
A Brisbane City Council plan to stop townhouses and
apartments being built in areas for single homes is "going
backwards" in terms of urban planning, experts say (08 June
2018).
More...
Council to stop developers building on privately owned
sporting land
Lord Mayor Graham Quirk said it was not his desire to see
the issue of the shortage of aged care and retirement places to be
caught up in community controversy, and will proceed without any
proposed changes to sport and recreation land sites (29 May 2018).
More...
Published
Australian national strata data 2018
Hazel Easthope, Caitlin Buckle, Vandana Mann; City
Futures Research Centre: 31 May 2018
This comprehensive national report of the strata and community
title sector reveals there are about 2.6 million strata title lots
in Australia with an insured value of close to $1 trillion. The
report highlights the economic value of the sector to the national
economy and will be an invaluable tool for policy makers deciding
the framework in which the strata industry operates. More...
National water reform: inquiry report
Productivity Commission: 31 May 2018
It is crucial that Australia persists in managing its water
resources well, given our dry and highly variable climate and the
importance of water to our economy. Some jurisdictions have become
complacent. This report is an assessment of the progress in
achieving the objectives and outcomes of the National Water
Initiative (NWI) and the need for any future
reform. More...
Queensland major projects pipeline 2018
Queensland Major Contractors Association, Construction
Skills Queensland, Infrastructure Association of Queensland;
Construction Skills Queensland: 04 June 2018
The key finding of this report is that major project work has
risen by 58% in 2017/2018 to $6.9 billion, after two successive
years of low activity. More...
In Practice and Courts
Commonwealth
New online portal launched by NERA (National Energy
Resources Australia)
The portal is an electronic repository for environmental
'reference cases' – detailed reports that capture
common content relating to the environmental impacts and risks of
offshore petroleum activities. The portal has the potential to
significantly reduce the assessment burden on companies in terms of
cost, timeframes and uncertainty by simplifying the preparation and
submission of new environment plans for future exploration (23 May
2018). More...
REIQ sale of land contracts and GST on property
transactions
From 1 July 2018, there will be changes to how GST is
paid on the settlement of the purchase of new residential premises
or potential residential land subdivisions. The Australian Taxation
Office (ATO) has published information about these
changes on its
website.
Victoria
Guidance on negotiating voluntary affordable housing
agreements under the Planning and Environment Act
On 1 June 2018 several amendments to the Planning and
Environment Act 1987 (the Act) came into operation. The
amendments to the Act facilitates voluntary agreements for the
provision of affordable housing as part of development
applications. DELWP has released web-based guidance on negotiating
voluntary affordable housing agreements under the Act.
More...
Red Dot Decisions
Greater Geelong CC v C & D Recycling Pty Ltd (Red Dot)
[2018] VCAT 831 (31 May 2018)
Applications for cancellation and/or enforcement of a permit for
materials recycling.
New South Wales
New short-term holiday letting regulations
The regulatory framework is designed to ensure that local
communities continue to gain from the economic benefits of
short-term holiday letting, while protecting neighbours from
anti-social behaviour. The new framework will include new planning
laws, an industry Code of Conduct and new provisions for strata
scheme by-laws. There will also be additional conditions for
bushfire prone land to ensure visitor safety. For more information
visit the NSW Planning
& Environment website (06 June 2018).
More...
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence, it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas. The planning
rules and the code are also presented in plain English to clearly
explain planning rules.
More...
Queensland
PCA: Foreign investment decline
In the lead up to the 2018/19 Queensland State Budget, the
Property Council released
new research highlighting the economic importance of foreign
property investment to the Queensland economy. The full report can
be accessed
here (08 June 2018).
Titles Registry updates
Trust details form 20 was introduced for use from 28 May
and is available on the
Titles Registry website.
Revised Queensland Titles Registry fees will take effect from 1
July 2018.
A summary has been released listing the revised fees that will
apply during the 2018-2019 financial year. The Titles Registry
online fee calculator will continue to use 2017-2018 fees up to and
including 30 June 2018. From 1 July the updated fees will be
reflected.
Cases
Courtyard of Earl Pty Ltd v Boroondara CC
[2018] VCAT 871
Section 77 of the Planning & Environment Act
1987; Boroondara Planning Scheme; General Residential Zone 3;
Construction of nine triple storey dwellings; Planning Policy;
Neighbourhood Character; External Amenity Impacts, Internal
Amenity; Impact on existing vegetation; Traffic Impacts.
Lotus Projects Pty Ltd v Moira SC
[2018] VCAT 863
Section 77 of the Planning and Environment Act 1987; Moira
Planning Scheme; Characterisation of advertising sign; Promotion
sign. No permit.
Greater Geelong CC v C & D Recycling Pty Ltd (Red
Dot) [2018] VCAT 831
NATURE OF CASE Applications for cancellation and/or
enforcement of a permit for materials recycling.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
APPLICATION – significant, interesting or unusual use or
development; application, principle; or circumstances.
Consideration of cancellation vs enforcement; planning scheme
considerations relevant to cancellation and enforcement;
consideration of environmental and economic matters; role of owner
in enforcement proceedings where non-compliance by occupier;
adoption of a 'least worst' outcome in attempt to avoid a
legacy site.
Gaindome Pty Ltd v Tomac [2018] QCAT
152
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED TERMS AND
PROTECTION FOR LESSEES – OTHER MATTERS – retail shop
lease dispute – arears of rent – failure to reinstate
– decision by default.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.