Australia: Property & real estate news - 21 August 2017

In the media – National

Modelling predicts dire consequences for all wetlands within 80 years
Coastal wetlands around the world could have just 80 years left to live according to a warning issued by an international team of researchers who have worked on new impact modelling of sea level rise (10 August 2017). More...

PIA to Federal Government: Fail to plan for a sustainable and liveable nation, plan to fail
THE Planning Institute of Australia last week said it strongly supports NSW Education Minister and PIA Honorary Fellow Rob Stokes' comments that there has been a lack of action on part of the Federal Government to 'future-proof' Australia through national urban and regional planning (08 August 2017). More...

Raising standards in retirement villages: industry commits to an 8-point improvement plan
Retirement village owners and operators have agreed on an action plan to deliver higher standards, clearer and simpler information about costs and contracts, and an independent umpire to resolve disputes (03 August 2017). More...

Property spruiker made false or misleading representations
Today the Federal Court found that We Buy Houses Pty Ltd and its sole director, Rick Otton, made false or misleading representations in promoting a number of wealth creation strategies involving real estate, following ACCC action (11 August 2017). More...

In the media – Victoria

EPA works to proceed as planned at Stawell tyre stockpile
Supreme Court has found in EPA's favour regarding Stawell tyre stockpile at an injunction hearing and awarded costs. EPA works will now proceed as planned (10 August 2017). More...

Impact Investment Group funds 50,000 new solar panels in Victoria
Australian funds manager Impact Investment Group (IIG) has committed to fund the construction and operation of a new 19MW solar farm in Victoria's Swan Hill. Regional Victoria is set to experience a boom in the development of renewable energy generation, with more than eleven large-scale solar farms currently committed or proposed for the state (09 August 2017). More...

Route, tunnel options released for Melbourne's 'missing' North East Link
Four route options are unveiled for what has been called Victoria's highest-priority road project, Melbourne's missing North East Link, and all include expensive tunnelling and would require property acquisitions, the State Government says (07 August 2017). More...

Construction underway on public park in Fishermans Bend
Construction is underway at an 8000 sqm public park in Australia's largest urban renewal project, "Fishermans Bend". Port Phillip Council is partnering with the Victorian Government to provide the park as a crucial open space for "Australia's biggest urban renewal project". The park is part of a Council's integrated approach to the Ferrars Street and Community Precinct (09 August 2017). More...

Building Australia's first hydrogen refuelling station
The $9.37 million project will establish Australia's first commercial-scale hydrogen refuelling station, which will produce hydrogen from 100 per cent renewable energy using an on-site solar plant and grid-sourced wind power (05 August 2017). More...

In the media – Queensland

Southport Spit casino developers consider challenging rejection
A director of the Chinese consortium behind the massive $3 billion Gold Coast casino resort development rejected by the Queensland Government this week says they are "still in shock" and could challenge the ruling in court (04 August 2017). More...

Published – articles, papers, reports

Commission of Inquiry into Ararat Rural City Council Report
Frances O'Brien, John Tanner, Mark Davies: 09 August 2017
This report outlines the Ararat Commission of Inquiry's findings into Ararat Rural City Council's rating strategy and administrative capacity. The Ararat Rural City Council failed comprehensively to act in the interest of the Municipality on some of the most important functions of any council. More...

Cases

Barilla v Roads Corporation [2017] VSC 349
VALUATION AND COMPENSATION — Amendment to Hume Planning Scheme — Public Acquisition Overlays imposed on Applicants' property — Applicants entered contract of sale of property — Delay in settlement — Whether costs of sale, capital gains tax advice and the value of lost opportunity in the form of interest foregone on the proceeds of sale constitute financial loss suffered as a natural, direct and reasonable consequence of the reservation — Whether 'the value of land' in s 104 of the Planning and Environment Act 1987 means 'value to the owner' — Planning and Environment Act 1987 ss 98, 99(b), 101, 104 and 106; Land Acquisition and Compensation Act 1986 ss 35, 37.

Octopus Media Pty Ltd v Melbourne City Council [2017] VSC 429
PLANNING – Existing use rights – Advertising signs – Real and substantial purpose – 15 year period of continuous use – Characterisation of the purpose of the use – Real and substantial purpose – Graffiti – Cessation of the use for two years – Interpretation of cl 63.11 of Melbourne Planning Scheme – Planning and Environment Act 1987 (Vic) s 6(3), (4), Melbourne Planning Scheme cls 22.07, 37.04, 52.05, 63.01, 63.02, 63.04–63.06, 63.11 and 73.

Hera Project Pty Ltd v Bisognin & Anor (No 5) [2017] VSC 383
PROPERTY LAW – Sale of land – Subdivision of land – Reasonable access to lot – Sale of Land Act 1962 s 9AD considered.

Cook v Mornington Peninsula SC (Red Dot) [2017] VCAT 1129
NATURE OF CASE Declaration about use of secondary consent process to endorse amended plans contrary to a condition imposed by VCAT.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE.
LAW – issue of interpretation or application - Amendment to permit plans; consideration of secondary consent vs s 72 process. Consideration of third and fourth 'Westpoint criteria'. Declaration based on ultra vires and/or Wednesbury unreasonableness.
PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues.
Discussion of common Condition 1 type conditions (requiring a change to plans in a numbered sub- paragraph) and common Condition 2 type conditions (allowing for secondary consent), and the interrelationship between the two. Consideration of Benedetti v Moonee Valley CC.

Legislation

Victoria

No. 67: Retirement Villages (Contractual Arrangements) Regulations 2017
Commencement: 30/07/2017: reg. 3 Not yet in operation: Regs 1 - 17: on 30/07/2017: reg. 3. Sunset Date: 04/07/2027 Authorising Act/s: Retirement Villages Act 1986, No. 126/1986.

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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Authors
Chris Brodrick
Katie Miller
Gerard Timbs
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