Australia: Property & Real Estate News – 5 June 2018

In the media – Victoria

Landmark legislation passes to protect Macedon Ranges
Victoria's most iconic natural areas will now have better developmental protection than ever before, thanks to the passage of the Andrews Labor Government's Distinctive Areas and Landscapes Bill 2017. The Bill will also complement the ongoing development of the Macedon Ranges Localised Planning Statement (24 May 2018). More...

Another major project for growing Docklands
Minister for Planning Richard Wynne today turned the first sod of construction to mark the start of works on the $67 million fresh food precinct, The Market, at The District Docklands. The project is the next phase of a transformation of the Docklands precinct. This development is in line with the Andrews Labor Government's revamped Plan Melbourne 2017-2050 (15 May 2018). More...

Cladding class action builds numbers for case
The law firm planning the country's first class action over combustible building cladding is confident of getting enough apartment owners to launch a case, despite the traditional apathy faced by managers of owner (or body) corporate structures (12 May 2018). More...

In the media – New South Wales

New design guide puts heritage in front of mind
The Heritage Council of NSW has released a draft design guide intended to make it easier to manage heritage design works (18 May 2018). More...

New mine subsidence development guidelines rolled out
Subsidence Advisory NSW (SA NSW) has announced changes to the approval process for development applications in mine subsidence districts. Councils and Accredited Certifiers can now approve low risk development applications without requiring referral to SA NSW (15 May 2018). More...

In the media – Queensland

In an era of troubled islands, multi-million-dollar Queensland development is knocked back
A central Queensland council has knocked back a huge resort-style development that has been more than a decade in the planning. Gladstone Regional Council knocked back its application on 17 grounds, claiming the resort was too big, not needed, would disturb the coastline, and could take business away from tourist towns 1770 and Agnes Water further down the coast. (17 May 2018). More...

PCA: Parliament passes ban on developer donations
The Queensland Parliament has passed legislation giving effect to a ban on political donations from 'property developers'. The Property Council has strongly opposed the Bill on the basis that it singles out the property sector for inequitable treatment under electoral laws (17 May 2018). More...


Inquiry into the implications of climate change for Australia's national security
Senate Foreign Affairs, Defence and Trade References Committee: 17 May 2018
This report makes numerous recommendations on how the Australian government should respond to climate change risks, including the development of a climate security white paper, to guide a coordinated, whole-of-government response. More...

In Practice and Courts


International Energy Agency's Energy in Buildings and Communities Annual Report
The International Energy Agency's Energy in Buildings and Communities (IEA EBC) 2017 Annual Report has been released outlining current, new and completed projects. The Annual Report includes a review of research projects that directly relate to the Mission Innovation Challenge 7: Affordable Heating and Cooling (18 May 2018). More...

Announcements, Draft Policies and Plans released 2018

QLS: Titles and property updates
The Registrar of Titles directions for the preparation of plans have been updated. The directions detail the standards and specifications for the types of plans acceptable to the Titles Registry (23 May 2018). More...

Other statutory instruments/statutory notices

REIQ sale of land contracts and GST on property transactions
From 1 July 2018, there will be changes to how GST is paid on the settlement of the purchase of new residential premises or potential residential land subdivisions. The Australian Taxation Office (ATO) has published information about these changes on its website.

Land Valuations Online
The new land valuation data for 2018 can be accessed online here.


Government Land Planning Service – Have your say
The Department of Treasury and Finance has requested changes to the planning provisions for the following sites: 1548 Boorhaman Road, Boorhaman owned by Department of Treasury and Finance; 49A Drummond Street, Creswick owned by Department of Environment, Land Water and Planning; 15 Camp Street, Daylesford owned by the Department of Justice and Regulation; and 3-9 Back Eildon Road, Thorton owned by the Department of Education and Training. Submissions on the proposed changes can be made to the Government Land Planning Service until 8 June 2018. More...



Dailly Greyhound Farms Pty Ltd v Moorabool SC [2018] VCAT 786
Application under Section 77 of the Planning and Environment Act 1987 to review a decision to refuse to grant a permit; Application under Section 114 of the Planning and Environment Act 1987 for an enforcement order; Application under Section 81(1) of the Planning and Environment Act 1987 to review a refusal to extend the time for completion of development of a permit; Moorabool Planning Scheme; Farming Zone; animal keeping and training for greyhound dogs; amended permits and plans; noise; amenity; permit expiry and unauthorised development.

LCM Calvary Health Care Holdings Ltd v Glen Eira CC (Red Dot) [2018] VCAT 655
NATURE OF CASE - Application to redevelop the Bethlehem Hospital including in-patient facility (sub-acute) public services and base for outreach services, 83 bed residential aged care facility, 69 independent living units/retirement village units, medical suites and associated uses.
LOCATION OF PASSAGE OF INTEREST - Appendix A for question of law; [227] – [237] regarding weighting of policies.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or application. Characterisation of the independent living units/retirement village units.
LEGISLATION – interpretation or application of statutory provision - Application of the transitional provisions in the Neighbourhood Residential Zone.
POLICY – interpretation or application of policy - Weight given to local policy acknowledging the role of the subject land as a hospital and encouraging the co-location of facilities such as residential aged care and retirement village with the purpose of the Zone and character considerations.

Sargentson v Campaspe SC (Red Dot) [2018] VCAT 710
NATURE OF CASE - Construction of two double storey attached dwellings and an associated re-subdivision of two existing lots into two newly configured lots.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE PLANNING SCHEME – interpretation or consideration of VPP provision. Consideration of the requirements of clause 32.08-4 of the General Residential Zone of the Campaspe Planning Scheme, as well as the meaning of the term Garden area defined in clause 72 of the Scheme.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory provisions is required or desirable. In the process of applying the provision to the proposal at hand, consideration was given to whether further clarity could be provided as to the intention of the provision.

Mobil Oil Australia Pty Ltd v Moreland CC [2018] VCAT 770
Section 82 of the Planning and Environment Act 1987 (Vic); Application for amendment to existing permit; Extent of Tribunal discretion in considering an amendment application; Consideration of requirements of the Pipelines Act 2005 (Vic); Absence of easements or other protection over pipeline.


Singh Properties Pty Ltd v Scenic Rim Regional Council [2018] QPEC 027
APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION – for a development permit for a material change of use for a poultry farm (expansion of existing farm) – where proposed development would increase the existing poultry farm from four sheds (approximately 200,000 birds) to 13 sheds (approximately 600,000 birds) and a manager's residence – where reasons for refusal included inadequate setbacks – impacts on amenity as a consequence of odour and dust – where reasons for refusal included adverse impacts on existing and future rural landscape character and, in particular, that it would not protect air and water quality.
WHERE APPLICATION RAISED – air quality including odour and dust – visual amenity – water quality and sufficient setbacks
CONFLICT WITH PLANNING SCHEME – where proposed development said to be in conflict with respondent's planning scheme
NEED – whether in circumstances where there was conflict with the planning scheme sufficient grounds existed to warrant approval notwithstanding conflict
WHETHER STAGED – monitoring programme of existing facilities and each subsequent stages of expansion would justify approval
PRELIMINARY APPROVAL – whether amendment of development application to that of a preliminary approval avoided conflict with the Planning Scheme – whether the appellant protocol underpinning the amended application for preliminary approval offended the finality test.

Lalis v Bundaberg Regional Council [2018] QPEC 026
PLANNING AND ENVIRONMENT – APPEAL – where the appellant owns land that is improved by two attached dwellings where there is no development permitting use of the land for dual occupancy – where council issued an enforcement notice requiring use of the land to cease – whether the use of the land is for "dual occupancy" – whether the use of the land involves a "second dwelling".

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Chris Brodrick
Katie Miller
Gerard Timbs
Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions