Latest news – National
Owners face big bills over falls from
apartments
Mark Lever, the CEO of industry body the Strata Community
Association, said that while strata schemes were required to have
at least $10 million in public liability insurance, damages payouts
for severe injuries where a duty of care was owed could go much
higher (25 January 2012)
More...
Planners Welcome new Urban Advisory Forum
The Planning Institute of Australia (PIA) believes the new Urban
Policy Forum will mean better implementation of planning policy and
more productive and sustainable Australian cities (20 January 2012)
More...
New Urban Policy Forum a welcome step
A new Urban Policy Forum will ensure the planning, design and
management of Australia's cities remains high on the national
agenda, says the nation's leading green building and
communities' organisation. Launching the forum, Minister
Albanese said that it aims to promote dialogue between the sector,
the community and the government, and will be an 'ideas
generator.' (20 January 2012)
More...
ABARES reports facts about foreign
investment
the Foreign Investment and Australian Agriculture report released
by the Government, highlighted the current foreign ownership of
agricultural land, businesses and water entitlements in Australia
is relatively unchanged from almost 20 years ago (18 January 2012)
More...
Adapting effectively to the impacts of climate
change
A report released today analyses how current regulations in
Australia allow companies to adapt effectively to the impacts of
climate change. It was released by Acting Minister for Climate
Change and Energy Efficiency, Senator Chris Evans, and the
Parliamentary Secretary for Climate Change and Energy Efficiency,
Mark Dreyfus (20 January 2012)
More...
Latest news – Victoria
New Chapel Street licensed premises
controls
The Planning Minister Matthew Guy announces new planning controls
for licensed premises have been introduced to protect public safety
and amenity of popular Chapel Street in the City of Stonnington (30
January 2012)
New Chapel Street licensed premises controls
A bright future for residential land supply in the
Latrobe Valley
Planning Minister Matthew Guy has approved the rezoning of 228
hectares of residential land in thriving areas across the Latrobe
Valley, including Churchill, Moe, Newborough, Morwell and Traralgon
(30 January 2012)
A bright future for residential land supply in the Latrobe
Valley
Another 50 jobs as Southbank Depot prepares for 50 new
trams
Southbank Tram Depot is set to receive a $24 million upgrade in a
venture that will create more than 50 jobs and will help prepare
the network for the arrival of 50 new low-floor trams (25 January
2012)
Another 50 jobs as Southbank Depot prepares for 50 new
trams
Community invited to visit Kilmore-Wallan bypass
shopfronts
Minister for Roads Terry Mulder announces the communities of
Kilmore and Wallan are invited to drop into two VicRoads shopfronts
to share their views on a western option for the Kilmore-Wallan
bypass (25 January 2012)
Community invited to visit Kilmore-Wallan bypass shopfronts
$1.13m heritage boost
Thirteen community projects will share in more than $1.13 million
worth of heritage grants across the state. Minister for Planning
Matthew Guy said the grants, which ranged from $8,000 to $200,000,
would help preserve and protect heritage significant heritage
places and objects (25 January 2012)
$1.13m heritage boost
Property prices edge higher in Victoria
Median property prices in Melbourne and regional Victoria edged
higher in the December quarter although buying activity remained
relatively subdued on the back of lacklustre economic conditions,
the Real Estate Institute of Victoria (REIV) has reported (23
January 2012)
More...
Victorian Government submits recommendations to regional
telecommunications review
The Victorian Coalition Government's submission to the
Commonwealth Government's regional telecommunications review
calls for a national strategy to fix the significant gaps in access
to broadband and mobile telecommunications in Victoria's
regional and rural areas (20 January 2012)
Victorian Government submits recommendations to regional
telecommunications review
Victoria's building permit value tops $2 billion in
November
The value of building permit activity in Victoria for the month of
November 2011 was $2.2 billion, the highest November on record and
an 8 per cent increase on the same month last year (18 January
2012)
More...
Retail zone reforms to grow Victorian
jobs
Planning Minister Matthew Guy today announced changes to retail
policy to spur jobs growth and flexibility in Victoria's retail
industry, with reforms under Planning Scheme Amendment VC88 (17
January 2012)
Retail zone reforms to grow Victorian jobs
Coalition Government delivers on commitment to set up
inquiry on feed-in tariffs and barriers to local
generation
The Victorian Coalition Government is delivering on its election
commitment to establish a Victorian Competition and Efficiency
Commission (VCEC) inquiry to determine the most appropriate
regulatory framework to encourage Victorian households and
businesses to create and deliver renewable and low emissions energy
to the electricity grid (13 January 2012)
Coalition Government delivers on commitment to set up inquiry on
feed-in tariffs and barriers to local generation
Latest news – New South Wales
Sydney infill sites need special
attention
The Urban Taskforce congratulates the NSW government for setting up
a special committee to encourage development in greenfield areas.
The government has now taken a much more sensible approach and
asked the larger land owners to submit proposals to the government
so that real development can occur (30 January 2012)
More...
Latest news – Queensland
New population survey shows koalas have a fighting
chance
Environment Minister Vicky Darling releases the final report with
population data indicating strong declines seen in previous surveys
may have been halted. The Queensland Government now has in place
some of the nation's most comprehensive koala habitat
protection measures through the Koala Conservation State Planning
Regulatory Provision which protects around 50,000ha of bushland
koala habitat from new development (31 January 2012)
More...
Floods Commission of Inquiry seeks further
Statements
The Floods Commission of Inquiry has issued a number of new
requirements for statements to the Commission. The written
statements must be provided under oath or affirmation to the COI by
Wednesday 4pm this week and are concerned with their state of
knowledge regarding the operating of Wivenhoe Dam during the time
of the floods (31 January 2012)
More...
Queensland's best cropping land protected from
today
Queensland's best agricultural land is officially protected
with the State Government's Strategic Cropping Land Act 2011
coming into effect. The Act, Regulation and State Planning Policy
form a legislative and planning framework to protect strategic
cropping land from resource and urban developments that lead to
permanent impacts or diminished productivity (30 January 2012)
More...
Premier: one contract will slash red tape in the housing
market
Premier Anna Bligh has announced a plan to slash red tape in the
housing market by creating a single contract for the sale of a
home. The move, which is expected to be finalised by the end of
February, could decrease legal costs and reduce the number of forms
that homeowners needed from up to six down to a single document (27
January 2012)
HIA-RP data: trend is right, but land sales remain at
low levels
The HIA-RP Data Residential Land Report provided by the Housing
Industry Association and RP Data, found the volume of land sales
increased by 1.3 per cent in the September 2011, however, volumes
were still 16.8 per cent lower than in the September 2010 quarter
(19 January 2012) Trend is Right, but Land Sales Remain at Low
Levels
Articles – National
Australian State of the Environment 2011
report
Written by an independent committee of experts, the main purpose of
the report is to provide relevant and useful information on
environmental issues to the public and decision-makers, in order to
raise awareness and support more informed environmental management
decisions that lead to more sustainable use and effective
conservation of environmental assets (12 January 2012)
More...
Australian Government Response to the Senate Committee
on Finance and Public Administration - Native Vegetation Laws,
Greenhouse Gas Abatement and Climate Change Measures
Department of Sustainability, Environment, Water, Population and
Communities
The Inquiry produced a report which was tabled on 30 April 2010.
This document is the Australian Government Response to the Inquiry
report (January 2012)
Australian Government Response - Native Vegetation Laws, Greenhouse
Gas Abatement and Climate Change Measures (PDF - 53KB)
Policy Statement on Foreign Investment in Agriculture:
Government Response
Government response to the report and a Policy Statement on Foreign Investment in
Agriculture [PDF 262KB], which provides guidance on
specific factors that the Government typically considers in
assessing foreign investment applications that involve Australian
agriculture. These factors are consistent with the Government's
existing national interest principles More....
Articles – Victoria
Improving energy market competition through market
participation
Consumer Utilities Advocacy Centre
This report documents the findings of research into the operation
and functioning of competitive retail markets for energy and the
Victorian retail market specifically (06 January 2012)
Improving energy market competition through market
participation
Practice notes/directions – National
National water planning resource goes
online
An
interactive web resource to help people easily access
information on the status of water planning across Australia has
today been launched by the National Water Commission. This online
web application, based on the inaugural
National Water Planning Report Card 2011, provides a
summary of the status of water plans across Australia, including
the quality of existing water plans, their implementation, and
areas for future improvement (30 January 2012)
More...
ASIC releases investor guide and disclosure guidance for
agribusiness schemes
ASIC has released an investor guide and regulatory guidance with
new disclosure benchmarks and principles for agribusiness managed
investment schemes to improve investor awareness of the risks
associated with these products Regulatory Guide 232
Agribusiness managed investment schemes: Improving disclosure
for retail investors (RG 232) (30 January 2012)
Australian Securities and Investments Commission - 12-09AD ASIC
releases investor guide and disclosure guidance for agribusiness
schemes
Policy Statement on foreign investment in
agriculture
The Government has released a Policy Statement on Foreign
Investment in Agriculture which provides guidance on factors the
Government typically considers in assessing foreign investment
applications involving the agricultural sector. The enhanced data
collecting and Policy Statement will improve the transparency of
foreign investment in Australian agriculture and the screening
process for foreign investment applications in the sector (18
January 2012)
More...
PPSR and Conveyancing Settlements
The Personal Property Securities Register (the Register) and the
Personal Property Securities Act 2009 (Cth) (PPSA)came
into operation on 30 January 2012. The PPSA will apply to the
release of security interests over personal property on and from
that day. Land is not personal property under the PPSA1 and the
PPSA does not apply to interests in fixtures
Personal Property Securities Register
Current Draft Policies and Plans, Announcements
Direction under section 46M of the Planning and
Environment Act 1987
The Minister for Planning has issued a direction under section 46M
of the Planning and Environment Act 1987 applying to all planning
authorities in Victoria that a development contribution plan must
not impose a development infrastructure levy or community
infrastructure levy in respect of the development of land for a
non-government school. This direction comes into effect on 25
January 2012.
View Directions
Amendment documentation - updated advice: The guideline Preparing amendment documentation, January 2012 provides detailed instruction and examples. Carefully following the advice in the guideline will help ensure that your amendment documentation meets requirements. Some amendment templates have also been updated.
Practice notes/directions – New South Wales
Online lodgement and tracking of development
applications
The Department of Planning and Infrastructure has launched new
online planning tools to enable proponents to lodge and track
applications electronically. A fact sheet explaining the online
lodgement and tracking of development applications can be viewed
here. (11 January 2012)
Online lodgement and tracking of development
applications
Cases – Victoria
Perpetual Trustee Company Limited v De Van Der Schueren
[2012] VSC 5
MORTGAGE – Default – Action for
possession – Action proved at trial in the absence of the
defendant – Application to set aside judgment –
Application brought out of time – Insufficient
explanation for delay and for non-appearance at trial –
No defence on the merits - Rule 49.02(2) & (3), Supreme Court
(General Civil Procedure) Rules 2005 More...
Aston (Aust) Properties Pty Ltd & Ors v Commissioner
of State Revenue (Taxation) [2012] VCAT 48
Taxation List - Land Tax Act 1958 - trusts - existence of trusts -
related corporations - whether corporations can be taken to be a
single corporation - ss 3, 51, 52(1), 44(3) - Land Tax Act 2005 -
trusts - existence of trusts - whether corporations are related
corporations - ss 46A(2), 47, 50 - Duties Act 2000 - trusts -
existence of trusts - change in trustees - s 33(3) More...
Land Management Surveys v Strathbogie SC (includes
Summary) (Red Dot) [2012] VCAT 77
Conditions appeal in relation to a permit allowing for a six lot
subdivision in a bushfire prone area.
PLANNING SCHEME – interpretation or consideration of VPP
provision
Consideration of the application of the Wildfire Management
Overlay/Bushfire Management Overlay in bushfire prone areas.
PRACTICE OR PROCEDURE – consideration of individual
instance or systemic issues
Discussion of the limitations of trying to use permit conditions to
address fundamental planning issues which more go to the decision
whether or not any permit should be granted at all More...
Duggan v Bayside CC [2012] VCAT 68
Section 77 of the Planning and Environment Act 1987; Bayside
Planning Scheme; Residential 1 zone; Design and development
overlay; Two dwellings on a lot; Neighbourhood character; Front
façade; Side set backs; Landscaping More...
Curtis v Mornington Peninsula SC [2012] VCAT
66
Section 82 of the Planning & Environment Act 1987; Mornington
Peninsula Planning Scheme; Residential 1 Zone; Design &
Development Overlay Schedule 2; Vegetation Protection Overlay
Schedule 1; Bushfire Management Overlay; Dwelling; Neighbourhood
character, Setbacks; Building height and bulk; Landscape impact More...
Lateral Building Design v Monash CC [2012] VCAT
60
Application under Section 77 of the Planning and Environment Act
1987 (the Act) to review a decision to refuse a permit. Residential
1 Zone. Vegetation Protection Overlay. Clause 55 Two or more
dwellings on a lot and residential buildings. Dwellings (3x1 storey
dwellings). Covenant. State and Local Planning Policy Framework.
Zone Purposes. Neighbourhood character. Streetscape. Loss of views
More...
Jackson v SPI Electricity Pty Ltd (Land Valuation)
[2012] VCAT 52
Land Valuation List; compulsory acquisition of electricity
transmission easement over part of property consisting of six 13m
poles close to property boundary; entire site having area of
approximately 130 hectares; value to be allowed for injurious
effect to land outside easement; compensation of 55% of market
value for fee simple for land within easement agreed; compensation
set at the level of respondent's offer - compensation payable
is determined to be $55,000 More...
McKillop v Melbourne CC & Ors [2012] VCAT
65
Applications under Sections 80 & 82 of the Planning and
Environment Act 1987. Melbourne Planning Scheme. Mixed Use Zone.
Heritage Overlay. Three storey dwelling additions. Heritage values.
Neighbourhood character. Amenity impacts More...
APN (Outdoor) Trading Pty Ltd v Melbourne City Council
[2012] VSC 8
LOCAL GOVERNMENT – Regulation of signs –
Whether display of sign is necessarily 'development' or may
be 'use' – Whether existing use rights may accrue
– Appeal on questions of law from Victorian Civil and
Administrative Tribunal allowed – Planning and
Environment Act 1987 ss 3, 6 More...
Prowse v Johnstone & Ors [2012] VSC 4
REAL PROPERTY – Restrictive Covenant –
Construction – Application for modification –
Proceeding dismissed – Property Law Act 1958, s 84 More...
7-Eleven Stores Pty Ltd v Nillumbik SC & Ors
(includes Summary) (Red Dot) [2011] VCAT 2418
NATURE OF CASE
Request to amend permit granted by VCAT's predecessor
– the Administrative Appeals Tribunal (AAT) under s.87A
of the Planning and Environment Act 1987 misconceived.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
PRACTICE OR PROCEDURE – consideration of individual
instance or systemic issues
Only permits issued by the Victorian Civil and Administrative
Tribunal or amended at its direction (that is since 1 July 1998)
are capable of amendment under s.87A of the Planning and
Environment Act 1987.
APPLICATION – significant, interesting or unusual use or
development; application of policy, provision or principle; or
circumstances
Restatement of findings in Popular Pastimes Pty Ltd v Melbourne CC
(Red Dot) [2008] VCAT 1184 that for the purposes of s.87A, the
reference to the "Tribunal" is limited to the Victorian
Civil and Administrative Tribunal and not its predecessor Tribunals
More...
Cases – Queensland
HM Australia Holdings Pty Ltd v Treton Pty Ltd [2011]
QCA 382
CONVEYANCING – STATUTORY OBLIGATIONS OR RESTRICTIONS
RELATING TO CONTRACT FOR SALE – PROTECTION OF PURCHASERS
– OBLIGATIONS ON VENDOR: DISCLOSURE, WARNINGS AND LIKE
MATTERS – where the respondent contracted to sell two
proposed allotments of land to the appellant – where the
respondent provided a "disclosure plan" to the appellant
pursuant to s 9(2) of the Land Sales Act 1984 (Qld) –
where the disclosure plan included a single contour map displaying
both natural and final surface contours – where the
appellant argued that the disclosure plan was insufficient because
s 9(2)(c) required the disclosure of two separate contour maps, the
map did not pictorially or graphically depict the contour intervals
but only contained sufficient information to enable the intervals
to be deduced, and the map did not use "appropriate contour
intervals" – where the appellant claimed that it was
entitled to avoid the contracts as a result of these defects
– where the trial judge held the disclosure plan was
sufficient and granted a decree of specific performance of each of
the contracts and damages – where the appellant argued
the trial judge erred in having regard to information external to
the boundaries of the proposed allotment on the map –
whether the disclosure plan was sufficient to comply with s 9(2)
– whether the trial judge erred in considering
information external to the boundaries of the proposed allotments
More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
