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).
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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).
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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).
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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).
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'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).
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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).
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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.