In the media – National
IVSC launches new global standards for valuation
profession
The International Valuation Standards Council (IVSC), the global
standard setter for valuation practice and the valuation
profession, has launched IVS 2017, marking an important milestone
towards harmonising valuation practice across the world (23 January
2017).
More...
Have we passed the trough in Resource-Dependent
Markets?
The national CBD office market vacancy rate was reported at 11.9%
in 4Q16 – a 0.7 percentage point reduction over 2016 (from
12.6%). Leasing market conditions remain strong in Sydney and
Melbourne. The rebound in commodity prices over 2016 has also
translated into positive sentiment in the resource-dependent
markets of Brisbane and Perth (20 January 2017).
More...
Infrastructure Australia: Major transport projects added
to infrastructure priority list
Infrastructure Australia has added three major projects to its
Infrastructure Priority List on 20 January 2017. For more
information on the Infrastructure Priority List, the assessment
process, and to find the business case assessments, visit www.infrastructureaustralia.gov.au.
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In the media – Victoria
Buyers in Victoria face losing deposits
Buyers in Victoria who purchased off-the-plan apartments scheduled
to be completed this year could lose their deposits due to a new
policy (27 January 2017).
More...
Village Real Estate (Newport) Pty Ltd, Martin John
Rankin and Hussein Saad - Enforceable undertaking
An inner-west real estate agency has agreed to contribute $15,000
after acknowledging it made false and misleading representations
about the sale price of a property (25 January 2017).
More...
No More Fracking: South-West Farmers have their
say
The Andrews Labor Government's move to permanently ban fracking
for gas continues to build support with farmers near Victoria's
surf coast saying they want the practice outlawed for good (24
January 2017).
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Hazelwood owners facing unprecedented $743 million rehab
bill
The owners of the soon-to-be closed Hazelwood power station have
conceded the bill to rehabilitate the mine and demolish the ageing
plant will run to almost three-quarters of a billion dollars (20
January 2017).
More...
Victorian EPA finally gets some teeth
In the first major revamp since the environmental watchdog was
established 45 years ago, the Victorian Government this week
released a five-year reform program and funding package. The funds
will kick start reforms over the next two years with a new interim
advisory board has been appointed to guide the reforms (19 January
2017).
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In the media – New South Wales
NSW planning legislation updates propose council power
to issue stop-work on low-impact development
NSW councils could have the power to issue a "stop-work"
on low-impact development under proposed changes to the state's
planning legislation. The reforms would give council the ability to
pause development done under a complying development certificate,
as council had "limited time" to apply checks and
balances to such a speedy process (20 January 2017).
More...
In the media – Queensland
Qld landholders doing the right thing by Great Artesian
Basin
Queensland landholders are on target to save another 8,538
megalitres of water a year from the Great Artesian Basin's
precious water resources. Under the GABSI and its predecessor
programs, 686 uncontrolled flowing bores have been rehabilitated
and 14,090 kilometres of bore drain have been replaced with piping
(27 January 2017).
More...
CSG-rich land set aside for Australian-only
sales
A 58-square-kilometre parcel of coal seam gas-producing land in the
Surat Basin is set aside exclusively for the Australian market by
the Queensland Government (25 January 2017).
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In practice and courts
[Draft regulation] Fire safety proposed reforms to
buildings (multi-unit residential, commercial, retail, industrial,
health care and public-assembly structures)
The proposals, which cover a broad range of buildings, and various
stages of the building lifecycle, form part of the Government's
response to a recent Statutory Review of the Building
Professionals Act 2005. The draft reforms follow consultation
with key industry and community stakeholders.
Cases – Victoria
Wedderburn Korong Vale RSL Sub-Branch Inc. (Memorial
Custodians) v Loddon SC [2017] VCAT 113
Section 82 Planning and Environment Act 1987 –
Heritage Overlay removal of fence (memorial).
Bruce Phoenix City Pty Ltd v Owners Corporation No. 1 SP025904L
(Owners Corporations) [2017] VCAT 103
Application for reimbursement of owners corporation fees paid by
applicant to its landlord, compensation for loss of income and
reimbursement of cost of owners corporation certificate due to
alleged failure to maintain a share heating and cooling system
– ss 4, 5, 46 and 47 of the Owners Corporation Act
2006 (Vic).
Manor v Yarra CC (Amended) [2016] VCAT
2186
Partial demolition, extension of existing heritage building,
construction of buildings and works including five dwellings and a
wine bar. Subdivision of the land into five lots is proposed. The
application for review challenges condition 1(a) which proposes to
delete a townhouse. It also challenges condition 1(b). Application
under Section 80 of the Planning and Environment Act 1987
– to review conditions of a planning permit.
Pakenham Racing Club Inc v Cardinia SC [2017] VCAT
72
Section 77 of the Planning & Environment Act 1987;
Cardinia Planning Scheme; Urban Growth Zone; Gaming machines;
Permit to install and use 60 gaming machines at gaming venue at
Officer; Permit conditions require removal of 22 gaming machines at
gaming venue in Pakenham (from 105 to 83 gaming machines);
Application to delete the conditions; Relevant considerations;
Whether there is an agreement between applicant and the Council
restricting reinstatement of any of the 22 gaming machines at
Pakenham venue and, if so, whether application should comply with
the agreement; Clauses 52.28, 21.06 and 22.03; Social and economic
impact.
Cases – Queensland
QIC
Noosa Civic Pty Ltd v Noosa Shire Council & Ors [2016]
QPEC 069
APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION – appeal
against a refusal by the respondent of a development application
for a Development Permit for a Material Change of Use – where
proposed development included major retail and supermarket
development and associated speciality uses – where proposed
development extension of an existing full line supermarket shopping
centre – where proposed development predominately contained
in respondent's Business Centre Zone and partly within the Open
Space Conservation Zone.
CONFLICT WITH PLANNING SCHEME – where intended use within
land identified for non-retail uses – where intended uses for
Employment (technology based R&D Business offices and civic)
– Employment (business and offices) and Open Space
(environmental drainage) – where intended land use said to be
in material conflict with intended use for the land under the
respondent's planning scheme. CONFLICT – where proposed
development said to be in conflict in respect of other matters
including traffic and visual amenity.
ECONOMIC NEED – where evidence that there was community need
for such development – where economic evidence that a surplus
of land suitable for business development existed within the
respondent's local government boundaries – where evidence
established not only need for retail development but that proposed
site was the most logical site within the respondent's local
government boundaries.
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.
