Australia: Property & Real Estate - What's News - 14 December 2016

Last Updated: 23 December 2016
Article by Chris Lovell, Lou Farinotti and Lisa Cody

Most Read Contributor in Australia, February 2017

In the media – National

Megatrends: preparing for disruption in the Australian property industry
New research undertaken by EY in association with the Property Council of Australia and the Green Building Council of Australia has identified the disruptive changes that will shape the property industry over the next 15 years (02 December 2016). More... (GBCA) More...

BCA report on major project approvals is a vital contribution to the infrastructure debate
A new report by the Business Council of Australia into streamlining major project approvals is a vital reminder to policy makers about the costs of unnecessary delays on major projects across Australia and the need to develop best-practice to get job creating projects moving (25 November 2016). More...

In the media – Victoria

Expanding the Grid: Construction On Colac Pipeline Begins
Construction is underway on a new 11-kilometre pipeline to help secure Colac's water supply as the Andrews Labor Government works to bolster the water grid. The project has been fast-tracked by two years after an updated water security assessment revealed a forecast growth in demand for water (01 December 2016). More...

Banning Fracking for Good
The Andrews Labor Government has introduced legislation to permanently ban fracking in Victoria, protecting our agricultural sector and giving certainty to regional communities. The Resources Legislation Amendment (Fracking Ban) Bill 2016 amends the Petroleum Act 1998 and the Mineral Resources (Sustainable Development) Act 1990 to implement the Government's decision (22 November 2016). More...

In the media – New South Wales

Multimillion dollar injection for the Western Sydney Parklands
The Department of Planning and Environment has approved a concept plan for a business hub in West Hoxton. West Hoxton is one of nine business hubs that the Western Sydney Parklands Trust (WSPT) has identified to provide more jobs for Western Sydney locals. These hubs will also generate $10 million per year to improve the Parklands over the next decade (29 November 2016). More...

A new beginning for strata living
Once-in-a-generation reforms to the state's strata title laws come into effect today, to reflect contemporary strata living and to cater for future demand. The reforms include more than 90 changes to the laws and affect 1.2 million people living in over 75,000 strata schemes across NSW (30 November 2016). More...

184,300 homes over five years with new infrastructure
A strong NSW economy and new public transport links have opened the way for an expected 184,300 new dwellings over the next five years – easily surpassing previous records (21 November 2016). More...

'Aerotropolis' key to successful development of Western Sydney
The future of Western Sydney rides on an "aerotropolis" growing around the Western Sydney Airport over the next 40 years, according to the Greater Sydney Commission (21 November 2016). More...

Detailed plan for Sydney's future unveiled
An ambitious 40-year vision for Sydney that aims to change the structure of the city is unveiled by the overarching planning body, the Greater Sydney Commission (21 November 2016). More...

In the media – Queensland

Couple wins right to keep tiny house in backyard of larger Brisbane property
A Brisbane couple living in a tiny house on wheels has won the right to keep their home in the backyard of an inner city property. In a landmark decision, the Queensland Building and Development Dispute Resolution Committee ruled tiny homes with wheels should be treated like caravans and thus do not require a building permit (01 December 2016). More...

New legislation to further protect our heritage buildings
Heritage buildings in Queensland will be better protected from indiscriminate private certifiers through legislation introduced today by the Palaszczuk Government. This includes the ability for the Minister to give immediate effect to a Temporary Local Planning Instrument (TLPI), fast-tracking the ability to protect local heritage buildings from inappropriate demolition (01 December 2016). More...

Queenslanders encouraged to have their say on new state building plan
Queenslanders will have the opportunity to run their rulers over the state's building and construction industry with the release of a discussion paper for a new Queensland Building Plan (30 November 2016). More...

Future in doubt for a piece of Brisbane's tram history
Residents in Brisbane's inner-west are worried that a house built with pieces of historical tram tracks could soon be turned into a childcare centre (30 December 2016). More...

Banana Shire Council boundaries change
The Banana Shire Council area has a new look after the State Government approved changes to several localities in the area. The Banana Shire Council requested the changes following a review of locality names and boundaries within the shire (25 November 2016). More...

In practice and courts

New guide to make moving to a retirement village simpler and easier
A new guide released by the Property Council of Australia aims to help older Australians navigate downsizing choices by making retirement village contracts easier to understand. The National Guide to Creating Simple and Effective Retirement Village Contracts has been developed to help village operators create clear contracts in plain English, and reduce the confusion experienced by some senior Australians contemplating the move to a retirement community (30 November 2016). More...

GBCA: new Green Star certification process
The GBCA is introducing a new streamlined process for the registration of applications for Green Star certification effective 1 December 2016, and freshened up the Green Star Certification Agreement. Clauses and processes have been clarified, particularly, the appointment of Applicant Agents and Change of Ownership process and Limitation of Trustee Liability clause. The Agreement remains substantially the same. More...

Governors' Domain and Civic Precinct proposed National Heritage listing
The Australian Heritage Council is assessing the Governors' Domain and Civic Precinct for potential inclusion on the National Heritage List. Comments close 24 February 2017. More...

Announcements, Draft Policies and Plans released 2016

Metropolitan Planning Levy (MPL)
Planning Practice Note PPN82 released in May 2016 clarifies that only works requiring a planning permit should be included in the estimated cost of development. The State Revenue Office will only consider a refund request for overpayment of MPL that occurred in the period prior to PPN82 (24 November 2016).

Approvals
VC131 changes the Victoria Planning Provisions and all planning schemes by amending Clause 52.19 - Telecommunications facility, to exempt a permit application for a telecommunications facility funded (or partly funded) under the Commonwealth Government's Mobile Black Spot Programme from the notice and review requirements of the Planning and Environment Act 1987.

Exhibition
Yarra C219 proposes to rezone 112-124 and 126-142 Trenerry Crescent, Abbotsford to the Mixed Use Zone, apply an Environmental Audit Overlay and apply the Development Plan Overlay Schedule 14 to the land.

Announcements, Draft Policies and Plans released 2015

Have your say on the Greater Sydney Commission's draft District Plans The Greater Sydney Commission has put on public exhibition the 40-year vision, Towards our Greater Sydney 2056, and 20-year draft District Plans, one for each of Greater Sydney's six Districts. The draft District Plans set out the opportunities, priorities and actions, and provide the means by which the Greater Sydney Region Plan, A Plan for Growing Sydney, can be put into action at a local level. Have your say - read the draft District Plans and make a formal submission by 31 March 2017. More...

Cases – Victoria

Lu v Li (Building and Property) [2016] VCAT 1998
Applicant owner found to have incurred loss and damage because of the misleading and deceptive conduct of a registered builder, the second respondent, who obtained warranty insurance but took no part in the applicant's works. First respondent sought apportionment against person who performed the works, the third respondent, and the relevant building surveyor, the fourth respondent, as alleged concurrent wrongdoers pursuant to the provisions of Part IVAA Wrongs Act 1958 (Vic). First respondent's apportionment proceeding against fourth respondent subsequently dismissed by consent. Owner subsequently settled with first respondent prior to hearing, but first respondent remained a party for the purpose of apportionment. Applicant's claim against the second respondent found to be an apportionable claim, notwithstanding that apportionment was not sought by the second respondent by way of defence. Respective liability of each of the first, second and third respondents to the applicant found to be limited under Part IVAA Wrongs Act 1958.

Kavalarakis v Moreland CC [2016] VCAT 2005
Existing Hotel; Increased Patron Numbers and Licensed Area; Relevant Planning Policy and Controls; Impact on Amenity; Necessity for Permit Condition about Background Music Levels; Special Condition for Sydney Road Street Party.

Owners Corporation 1 PS615117A v Seascape Construction Pty Ltd (Building and Property) [2016] VCAT 1870
DOMESTIC BUILDING – application for security for costs – Victorian Civil and Administrative Tribunal Act 1998 - s79 – relevant factors – application refused. The applicant Owners Corporation ('the OC') commenced these proceedings on 23 December 2015 claiming $673,406 as the cost of rectification of defects in the common property. This claim was subsequently increased to $1,115,439.

Grima v Quantum United Management Pty Ltd (Owners Corporations) [2016] VCAT 1960
Application by chairperson of owners corporation for an order authorising him to pursue the proceeding on its behalf – alleged revocation of appointment of respondent as manager – Owners Corporations Act 2006 s119(6), s163(1A), s165(1)(ba).

Capital Alliance Investment Group Pty Ltd v Minister for Planning [2016] VCAT 1940
Proposal to amend development plan; Proposed high rise building; Expansive relevant planning controls, policies and approved development plans; Various versions of amended development plan; Criticism of a site specific development plan; Character of the area and broader precinct; Overshadowing including winter shadow to public open space.

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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