In the media – National
Property Prices on the Rise: Report
Property prices ended 2017 on a high with the weighted average
median price of the eight capital cities up 1.0 per cent to
$769,501, according to the latest research, REIA Real Estate
Market Facts, from the REIA (14 March 2018).
More...
Building industry backs RBA on zoning
The Reserve Bank, in a research paper released last week, said
zoning regulations were restricting housing supply, which in turn
pushes up prices. But Planning Institute of Australia said the
central bank's research is misleading and yet another attempt
to shore up the popular misconception that getting rid of controls
on land-use will solve the housing affordability crisis (11 March
2018).
More...
Trialling grid stability services provided by wind
farms
The Coalition Government, through the Australian Renewable Energy
Agency (ARENA), is providing almost $500,000 to a
north east Tasmanian wind farm to test the feasibility of wind
farms providing services that help stabilise the electricity grid
(08 March 2018).
More...
A record year for small-scale solar
Figures released today by the Clean Energy Regulator show that
there was more than 1,057 megawatts of capacity installed last
year, beating the previous record of 1,035 megawatts set in 2012.
This brings the total installed small-scale capacity in Australia
to more than 6,000 megawatts (06 March 2018).
More...
Recycling in Australia is in crisis. Can it be
fixed?
It turns out recycling is not so simple, and there are major
problems in the Australian industry. Industry leaders say there are
some very simple ways it can be repaired (05 March 2018).
More...
New policy would drive major energy efficiency
gains
The Property Council of Australia welcomes the ALP's new policy
to encourage business investment in energy efficiency opportunities
announced today. Chief Executive Ken Morrison said the Australian
Investment Guarantee would be a powerful tool for accelerating
energy efficiency gains across different industries, but especially
in the built environment (13 March 2018).
More...
Clawing back market share: Big Four fixed-rate mortgage
'war'
Westpac Banking Corporation has made their next move as the
interest war between the big four banks intensifies. The
country's second largest bank has offered discounts of up to
105 basis points for property investment loans in their second
round of rate cuts made this month (14 March 2018).
More...
In the media – Victoria
Tri Duc Joseph Ngo - Court outcome
A former Glen Waverley estate agent has been sentenced to five
years' jail, after pleading guilty to 48 charges of misusing
more than $6 million of his clients' money, in breach of the
Estate Agents Act 1980 (15 March 2018).
More...
Lethal building cladding banned in
Victoria
Following the Grenfell Tower tragedy in London, which killed 71
people, the Victorian government will ban the most dangerous types
of combustible cladding from being used on Victorian buildings.
Wynne has directed the Victorian Building Authority to issue a
product safety alert, and building practitioners who ignore this
directive will face disciplinary action from the VBA (12 March
2018).
More...
In the media – New South Wales
City Deal struck for Western Sydney
The federal government, NSW government and eight Western Sydney
councils have struck a multi-billion City Deal that will see the
development of a $7 billion Western Sydney Airport rail line (06
March 2018).
More...
In the media – Queensland
Gold Coast Council approves $550m regeneration of old
hospital site
The site of the former Gold Coast Hospital in Southport will be
transformed into a $550 million master planned residential hub,
with council giving their tick of approval for the first stage of
"Queen Street Village" (17 March 2018).
More...
Queensland land values increase
Queensland's Valuer-General Neil Bray said the 2018 Property
Market Movement Report shows improved land values in a number of
major urban and farming areas across the state. These new land
valuations were made available on 7 March and will provide new
valuations for 22 local government areas on the basis of each
area's recent land sales history and the state of the
surrounding economy (05 March 2018).
More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2018
2018 Community and Volunteer Action
Grants
There is $2 million available for Biodiversity On-ground Action
through the 2018 Community and Volunteer Action Grants. Grants
between $5,000 and $50,000 are available for single and multi-year
projects. The grants support a wide range of on-ground activities
to help protect, improve and expand habitats for our native plants
and animals. Submissions close 3 April 2018. More...
New Bushfire Advisory Note
On 12 December 2017 the Minister for Planning amended Clauses 10
and 13.05 in the State Planning Policy Framework. The updated
policy provides more directive strategies to manage bushfire risk
in planning and decision making.
Advisory Note 68: Bushfire State Planning Policy - Amendment
VC140 clarifies the operation of the updated framework and
strategies (12 March 2018).
Cases
Victoria
AMES Australia v Whitehorse CC [2018] VCAT
387
Section 57 Planning and Environment Act 1987 – what
constitutes an objection – whether notice of decision to
grant a permit should have been given. (b) The permit issued by the
responsible authority on 6 February 2018 is not valid because it
was issued contrary to section 64(3) of the Planning and
Environment Act 1987.
National
Property Group Pty Ltd v Manningham CC (Red Dot) [2018] VCAT
313
NATURE OF CASE - Calculation of elapsed days for the purpose of a
section 79 (failure) application for review. REASONS WHY DECISION
IS OF INTEREST OR SIGNIFICANCE - LEGISLATION – interpretation
or application of statutory provision. Regulation 32 of the
Planning and Environment Regulations 2015 and section 79
of the Planning and Environment Act 1987.
PRACTICE OR PROCEDURE – consideration of individual instance
or systemic issues.
Analysis of how to calculate the number of elapsed days for the
purposes of an application brought under section 79 of the
Planning and Environment Act 1987 when notice of a
planning permit application is given by the responsible authority
rather than by a planning permit applicant.
Hall v Thiess Pty Ltd & Anor (Ruling) [2018] VCC
160
PRACTICE AND PROCEDURE - Summons – staying proceedings
– Victorian Desalination Plant – exclusive jurisdiction
– Powell River – tidal movements – overflow
– incremental salinization – limitation of action
– VCAT – not deeply involved in one piece of litigation
– overarching purpose.
Legislation Cited: Water Act 1989 (Vic), s16, s17, s19;
Building Act 1993 (Vic); Civil Procedure Act
2010, s8, s9; Limitation of Actions Act 1958 (Vic).
Ruling: Application granted.
Lendlease Communities (Australia) Ltd v Juric & Anor
[2018] VSC 107
PROPERTY LAW – Application to remove caveat – Claim of
adverse possession – No substance to claim – No prima
facie case – Caveat removed – First defendant
restrained from lodging caveat in respect of relevant land for five
years – Transfer of Land Act 1958 (Vic) s90(3).
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