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.