Australia: Property & Projects - What's News - 25 June 2013

Last Updated: 28 June 2013

In the media – National

JLL report: Retail sector needs stimulation
Further stimulation to build consumer confidence is needed in the retail sector as consumer sentiment drops yet again, according to Jones Lang LaSalle's (JLL) Retail Centre Managers' Survey for May (07 June 2013) More...

Telstra considering plan to remove asbestos from all pits amid NBN scare
Telstra is considering a long-term plan to completely remove asbestos from all its pits, amid concerns members of the public may have been exposed to the deadly fibres (06 June 2013) More...

Green Star building benefits proven in new report
Green Star buildings are slashing greenhouse gas emissions, making significant savings on energy and water consumption and costs, and preventing truckloads of waste to landfill, a report has found (05 June 2013) More...

In the media – Victoria

Red tape cut to pave way for major projects
Premier Denis Napthine announces red tape will be cut and approval processes streamlined to ensure major projects in Victoria are delivered as efficiently as possible. The Major Transport Projects Facilitation Amendment Bill (East West Link and other projects) 2013 will reduce project delays and costs by providing a more streamlined approval process (11 June 2013) More...

School sites rezoned to aid sale of surplus land
Private schools and developers will be encouraged to buy dozens of old state school sites under a Napthine Government plan to fast-track the sale of surplus public land. Depending on the area, former school land will be rezoned to allow for uses such as housing, community facilities, childcare centres, medical clinics and shops (06 June 2013) More...

Guy locks in CBD heritage protection
The Minister for Planning Matthew Guy has paved the way to protect some of Melbourne's most significantly historic buildings, approving heritage overlay controls over 87 buildings, under the Planning Scheme Amendment C186 (05 June 2013) More...

Court quashes regulator ban on short-stay leases
The Supreme Court has overturned a decision by the building industry regulator that banned short-term tenants from occupying apartments in residential buildings. The regulator's decision banning short-stay occupants, such as holidaymakers, schoolies or hen and bucks nights, had been welcomed by aggrieved apartment residents (01 June 2013) More...

In the media – New South Wales

NSW Government delivers billions in projects
The NSW Government's plan to clear the backlog of hundreds of state significant and major projects has delivered a massive $9.2 billion in approved projects this financial year. The Department of Planning advises it intends to deal with the remaining 29 transitional Part 3A projects expeditiously (13 June 2013) More...

In the media – Queensland

Court dismisses development appeal at Rainbow Shores on Qld's Cooloola Coast
The Planning and Environment Court has quashed plans for a controversial beachfront development at Rainbow Beach on Queensland's Cooloola Coast. The court Judge has dismissed the appeal, ruling the development would have unacceptable impacts on flora and fauna and would conflict with local planning schemes (13 June 2013) More...

Savimaki family wins extra $1.9m in Sunshine Coast council land compo case
A family on Queensland's Sunshine Coast has been awarded an extra $1.9 million in compensation for land resumed for the expansion of the region's airport after a lengthy court battle. The Land Court has ruled compensation be increased to $6.8 million, plus interest. (13 June 2013) More...

Developer says Pumicestone Passage safe from Caloundra South development
Developer Stockland says conditions imposed by the Federal Government on the Caloundra South development will ensure the protection of Pumicestone Passage throughout construction (12 June 2013) More...

Brisbane council budget unveils rate rises for business, residents
The Brisbane City Council (BCC) has delivered a budget with a slim surplus but rates increases for households and businesses. It is Queensland's biggest local council budget, worth $2.9 billion (12 June 2013) More...

New laws need to deliver planning reform
Fundamental reform of the state's planning system to boost Queensland's property and construction sectors will require a once-in-a-generation overhaul of planning laws. The purpose of the new legislation will be to enable development (12 June 2013) More...

Gold Coast real estate company and director fined $35 000
A Gold Coast real estate company and its director were fined $20 000 and $15 000 respectively in the Southport Magistrates Court for making unauthorised withdrawals from a trust account (12 June 2013) More...

Green fears aired over massive Stockland housing project at Caloundra South
The Sunshine Coast Environment Council (SCEC) says it has concerns about federal approval of Australia's biggest master-planned community at Caloundra South in south-east Queensland (11 June 2013) More...

Published – articles, papers, reports

The Value of Green Star: A decade of environmental benefits
Author: Green Building Council of Australia (GBCA)
Analyses data from 428 Green Star-certified buildings and fitouts and compares it to the 'average' Australian building and minimum practice benchmarks (03 June 2013) More...

In practice and courts – Queensland

Queensland's Water future paper feedback
According to community feedback on the Queensland Government's 30 Year Water Strategy discussion paper, professional recognition, empowering customers, pricing and hardship concessions and improving energy and water efficiency were also issues raised. The draft 30 Year Water Strategy is now being finalised for further engagement and consultation in the coming months, prior to a final strategy being released in early 2014 (11 June 2013) More...

Reminder: consultation on Retail Shop Leases Act
A discussion paper outlines options put forward by the retail sector during consultation. The closing date for submissions is 3 July 2013 More...

Cases – Victoria

Pollard v Registrar of Titles [2013] VSC 286
REAL PROPERTY - Restrictive covenant - Single dwelling and masonry building materials covenant - Enforceability - No words of annexation to land - No reference to identity of benefitted land - No extrinsic evidence of identification - Construction of words used - Covenant for personal benefit only - Covenant unenforceable - Statutory declaration appropriate - Property Law Act 1958 (Vic), s 84(2) More...

Suhr & Ors v Michelmore & Ors [2013] VSC 284
RESTRICTIVE COVENANT – Height restriction – Application to declare invalid, discharge or modify restrictive covenant - Whether restrictive covenant is void for uncertainty – Indefeasibility of title - Extent to which extrinsic evidence is permissible to give effect to what the Register identifies – Whether the level of the land today is the same as the level of the land in 1937 - Whether restrictive covenant is obsolete – Whether continued existence of the covenant impedes the reasonable user of the land – Whether the continued existence of the covenant secures a practical benefit to other persons – Changes in the character of the land or neighbourhood – Whether modification of the covenant will not substantially injure those entitled to its benefit – Whether the Court should exercise its discretion to deny relief – Whether conduct of plaintiffs should disentitle them to relief - Westfield Management Ltd v Perpetual Trustee Company Ltd [2007] HCA 45; (2007) 233 CLR 528 – Bursill Enterprises Pty Ltd v Berger Brothers Trading Co Pty Ltd [1971] HCA 9; (1971) 124 CLR 73 - Property Law Act 1958 (Vic) s 84(1) More...

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