Australia: Property & Projects - What's News - 4 April 2015

Last Updated: 10 April 2015
Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Most Read Contributor in Australia, September 2016

In the media – National

GBCA partners with GRESB to ensure world-class benchmarking
The Green Building Council of Australia has formed a new partnership with GRESB, the leading global sustainability benchmark for real estate portfolios, to advance reporting on environmental, social and economic performance in Australia's real estate sector (19 March 2015). More...

Australian shopping centres still in demand
Retail centres Australia-wide will experience mixed conditions over 2015, driven by regional variations in residential markets and employment, but the retail investment outlook is positive, according to m3property's latest 'Shopping Centre' report (16 March 2015). More...

In the media – Victoria

Plan Melbourne reboot
The Government is giving Plan Melbourne a reboot to ensure it delivers the kind of city the community needs. The new plan is expected to be incorporated into the Planning Scheme in the first quarter of next year (27 March 2015). More...

Changes to wind farm planning laws
The Victorian Government has announced changes to wind farm planning laws that reduce the allowable distance of a wind turbine to a dwelling from two kilometres to one kilometre subject to the landowner's consent and decisions on new wind farm planning applications will now rest with the Minister for Planning (20 March 2015). More... More...

In the media – New South Wales

Sydney and Melbourne CBD property buoyant
Seemingly insatiable demand from local and offshore investors continues to drive commercial property sales in Sydney and, increasingly, Melbourne, says Simon Fenn, Savills Australia's managing director NSW (23 March 2015). More...

Sydney moves up in office space cost ranking
Sydney's CBD is again among the 10 most expensive locations worldwide for office real estate, according to Cushman & Wakefield's annual 'Office Space Across the World' global ranking (16 March 2015). More...

In Practice and Courts - National

Consultation paper: Review of the National Carbon Offset Standard (NCOS) and the Carbon Neutral Program
As part of the review, the government is seeking feedback on opportunities to broaden involvement in carbon neutral certification, including identifying certification models and making sure the eligible offsets list is up to date with the broader voluntary market. Submissions on the consultation paper close on 22 April 2015 (23 March 2015). More...

In Practice and Courts – Queensland

Announcements, Draft Policies and Plans released 2015

Council endorses Draft City Centre Neighbourhood Plan
Brisbane City Council has released the Draft City Centre Neighbourhood Plan (the Plan) to the public. The Plan has been provided to the State Government for their interest check and will be open for community and stakeholder consultation following this process (25 March 2015). More... More...

Cases - Victoria

Dustday Investments Pty Ltd v Minister for Planning [2015] VSC 101
PLANNING – Planning scheme amendment – Heritage planning controls – Heritage Overlay – Panels – Duties of panels - Social and economic effects – Relevant considerations – Expert members – Tests to be applied by panel – Condition and conversion of heritage building – Adaptive re-use – Alleged misdirections and wrong tests – Alleged failure to take into account relevant considerations – Planning and Environment Act 1987 (Vic) ss 4(1), 4(2), 12(2), 23-27, 159-170 – Melbourne Planning Scheme cls 22.05, 43.01 – Proceeding dismissed. More...

Braham v Stephan & Anor [2015] VSC 87
LEASES – 99 year lease at nominal rent – Lease included option to purchase for nominal consideration – Option to be exercised at any time within lease term – Breach of lease – Whether lessee repudiated the lease – Whether breach sufficiently serious to justify termination – Held: no repudiation and no right to terminate – Lessor's relief limited to damages for breach – Progressive Mailing House Pty Ltd v Tabali Pty Ltd [1985] HCA 14; (1985) 157 CLR 17; Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd [1989] HCA 23; (1989) 166 CLR 623; Koompahtoo Local Aboriginal Land Council & Anor v Sanpine Pty Ltd & Anor [2007] HCA 61; (2007) 233 CLR 115; Apriaden Pty Ltd v Seacrest Pty Ltd & Anor [2005] VSCA 139; (2005) 12 VR 319. More...

Cases - Queensland

Vecchio v Papavasiliou [2015] QCAT 070
NEIGHBOURHOOD DISPUTE RESOLUTION – TREES – loss of a view – where applicant purchased vacant block – where pre-existing hedge – where hedge replaced – where applicant built new home – where hedge blocked view from new home – where hedge blocked sunlight – whether a right to maintain view – whether right to sunlight. Laing & Anor v Kokkinos & Anor (No 2) [2013] QCATA 247 Thomsen v White [2012] QCAT 381 Calvisi v Brisbane City Council (2008) 1 PDQR 374. More...

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.

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