Australia: Property & Real Estate News - 15 November 2017

In the media – National

Why metros are game-changers for Australian cities
By 2053, about 89 per cent of all Australians are expected to live in capital cities. As more and more people enter these cities, residents are becoming increasingly concerned with impacts on liveability. More...

Sydney house prices fall as national growth conditions remain flat
Since moving through a peak rate of growth in November 2016, capital gains across Australia's housing market have been losing momentum, with national dwelling values unchanged over the month of October. Sydney has joined Perth and Darwin as the only capital cities to experience a drop in housing prices (01 November 2017). More...

Townhouses most popular residential development sites as move to medium density intensifies
Townhouses have trumped apartments and houses to become the most popular residential development sites in Australia. By value, the portion of medium-density development sites sold in Australia in 2016-17 was 13.8 per cent — up from 6.3 per cent a year earlier, according to Knight Frank (01 November 2017). More...

Should we get rid of parking spaces to free up land in our cities?
Cities around the world are starting to rethink the vast areas of land set aside for parking. The convergence of several trends likely will mean this space becomes available for other uses (30 October 2017). More...

Smart cities growth is at the urgent stage
The need to help create so-called Smart Cities is more urgent than ever before amid predictions of significant population growth in cities that are already under pressure. Sydney, which was less planned than Melbourne, is under the spotlight as a place that will not cope, in terms of property supply and transport efficiency, with the forecast rise in residents (27 October 2017). More...

Mirvac chief says focus groups tell another story about higher density living
A major developer boss has admitted the property industry has a problem convincing Australian residents of the benefits of higher-density living (26 October 2017). More...

In the media – Victoria

New suburbs in Melbourne's North
Minister for Planning Richard Wynne today joined Member for Yan Yean Danielle Green and Member for Yuroke Ros Spence to unveil Melbourne's latest suburbs, Donnybrook and Woodstock. Plans for five local town centres, five convenience centres, six government schools, four non-government schools and 46 hectares of parkland are also included (04 November 2017). More...

Campaign to protect home buyers against underquoting
A new campaign will ensure prospective homebuyers know their rights under strict new underquoting laws introduced by the Andrews Labor Government to protect Victorians (03 November 2017). More...

Fairer and more consistent land valuations for Victorians
Under legislation introduced into Victorian Parliament today, valuations will be conducted annually by the Valuer-General instead of by local councils every second year as they are currently (02 November 2017). More...

EPA Guidelines for Planning Proposals within the buffer of Landfill Sites
Planners, developers and councils will benefit from EPA's new set of guidelines on assessing planning proposals within the buffer of landfills. The new guidelines are designed to make it easier to progress planning applications while protecting the community through compliance with Victorian legislation and planning provisions (26 October 2017). More...

In the media – New South Wales

No more apartments but more Copenhagen for Sydney
Sydney's future residential shape will start to mirror Copenhagen's high-density middle housing as the apartment boom starts to subside, the City of Sydney's director of planning, development and transport Graham Jahn says (30 October 2017). More...

Planning bill enters parliament
Long anticipated reforms to the NSW planning system were released with the introduction of the Environmental Planning and Assessment Bill 2017 into the Legislative Council this month. The Bill largely mirrors draft legislation, with a substantial focus on increasing community participation and on strengthening strategic planning at the local level (27 October 2017). More...

In the media – Queensland

Development Site deals deliver $100m uplift in Gold Coast commercial market
Development site sales have reshaped the Gold Coast commercial market in 2017, with total sales for the first nine months of the year exceeding the same period in 2016 by more than $100 million (31 October 2017). More...

Published – articles, papers, reports

Fishermens Bend framework: draft for consultation
Department of Environment, Land, Water and Planning (Vic): 21 October 2017
This draft Framework is a long term strategic plan for the development of Fishermans Bend out to 2050. It will guide investment and development by the State Government, local government and the private sector. More...

Melbourne Airport rail link
Marianne Aroozoo, Parliamentary Library and Information Service (Vic): 19 October 2017
This paper describes the policies and issues involved in the long history of a proposed rail link to Melbourne Airport. More...

In Practice and Courts

Commonwealth

Applications open for new Environment Protection Authority Victoria Board
Applications open for new Environment Protection Authority Victoria Board (01 November 2017). More...

Cases - Victoria

Phillip Mannerheim Holdings v Nillumbik Shire Council [2017] VSC 670
PLANNING AND ENVIRONMENT – appeal on question of law from Victorian Civil and Administrative Tribunal – objection to grant of planning permit – whether must contain positive statement of opposition to grant of permit – whether that opposition can be inferred without that statement – importance of encouraging equal public participation in planning decision-making processes and also ensuring compliance with minimum formality requirements for making objections – statutory interpretation – relevance of previous judicial decision when interpreting new provisions enacted with knowledge of that decision – statutory distinction between an 'objection' and 'submission' – whether document in question was one or the other – whether VCAT erred in law in determining that it was a valid objection - Planning and Environment Act 1987 (Vic) ss 57(1)–(2), Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148(1).

Re RJ and RG Bakey Pty Ltd [2017] VSC 669
PROPERTY – Restrictive covenant – Covenant restricting, among other things, the erection of more than one dwelling on the land – Application to modify restrictions in covenant pursuant to the Property Law Act 1958 (Vic) – Proposed development involving subdivision and construction of four new dwellings on the land – Whether precedent already set by previous developments – Whether modification will not substantially injure the persons entitled to the benefit – Relevance of original purpose of covenant in argument for modification – Whether restriction on the value of a house erected on the land should be discharged – Application partially refused.

Gurner 26-56 Queens Parade Pty Ltd v Yarra CC [2017] VCAT 1745
Section 79 of the Planning & Environment Act 1987; Yarra Planning Scheme; Mixed Use Zone; Heritage Overlay; Design & Development Overlay; Construction of 295 dwellings in a ten-storey building; Construction of four three-storey townhouses; Heritage; Built form.

Ho v Bishop (Building and Property) [2017] VCAT 1541
Leaking water from a balcony causing damage to apartment below. Whether the owner of the upper apartment liable for damage caused under s48, s128, or s129 of the Owners Corporations Act. Also, whether liability attaches under s16 of the Water Act. Consideration of whether the flow of water is 'not reasonable' under ss1(b) and s20. Held that upper apartment owner is not liable for damage caused by the flow of water. Application dismissed.

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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