Australia: Property & Real Estate - Whats News - 8 February 2017

Last Updated: 18 February 2017
Article by Bede Haines

Most Read Contributor in Australia, September 2018

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 More...

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). More...

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). More...

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). More...

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.

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