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...

Published

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

Commonwealth

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.

Victoria

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...

Cases

Victoria

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.
LOCATION OF PASSAGE OF INTEREST - Paragraphs [6]-[85]
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.

Queensland

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.

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Authors
Chris Brodrick
Katie Miller
Gerard Timbs
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