In the media
Commonwealth
Property industry confidence continues to climb
Property industry confidence levels are approaching record
highs as the sector leads Australia's economic recovery from
the COVID-19 pandemic. The ANZ/Property Council industry survey for
the March quarter found that national industry confidence soared to
142 points, the second highest level since the survey began (15
April 2021). More...
Infrastructure Australia publishes Sustainability
Principles
Recently released Sustainability Principles from
Infrastructure Australia are set to guide and promote
sustainability across the infrastructure sector, securing major
investments to provide the best outcomes for the community (13
April 2021). More...
Commercial developers on the ropes
The big story for banking is the fall over of developers
of units, town-houses, medium density and high density towers and
fortresses. In modern finance, the breakdown in bank credit quality
almost always centres on commercial property developers (12 April
2021). More...
Victoria
'They've destroyed enough': Locals oppose
hard-rock quarry expansion
The group says proposed changes to the facility 30
kilometres south-east of Melbourne should be rejected to protect
residents and the local environment (15 April 2021). More...
Caulfield Racecourse unveils $570m sports, entertainment
precinct plan
The historic venue plans to create a concert space to
rival the Sidney Myer Music Bowl, an indoor sports complex and up
to seven sporting fields within the perimeter of its racetrack (14
April 2021). More...
Getting bushfire-affected Victorians back on their
land
Since launching in May 2020, the Andrews Labor
Government's Short-Term Modular Housing program has helped get
more than 35 households back on their land and in their communities
(12 April 2021). More...
Office developers turn attention outside CBD
Development applications are coming in thick and fast for
office projects in the City of Yarra region. While Melbourne's
CBD office vacancy is currently 8.2 per cent, the long-term future
for office space will be recovery, according to Knight Frank
Melbourne research (12 April 2021). More...
Fears plan for Sunshine rail 'super hub' will be
watered down
A promise by the Andrews government to build a transport
"super hub" at Sunshine station that would fuel an
economic boom in the working-class suburb may not proceed. Upgrades
to the station as part of the $8-$13 billion airport rail project
are mooted to be treated predominantly as a "transport
infrastructure-led project" rather than an opportunity for
urban renewal (11 April 2021). More...
Greenfield lot supply struggles to meet demand
The demand for housing lots in Melbourne's outer
suburbs and greenfield markets is now exceeding local development
capacity (09 April 2021). More...
New Queen Victoria Market facilities to create 400
jobs
New trader and customer facilities and a revitalised Food
Hall at Queen Victoria Market will create up to 400 construction
jobs as part of a nearly $40 million investment in delivering the
next stage of the market's revitalisation. Construction of the
Food Hall, Trader Shed and Northern Shed is expected to get
underway in early 2022, subject to approvals (08 April 2021).
More...
'Plonked on a plaza': Skyscraper plan puts
spotlight on heritage laws
Plans for a tower to be built near Shell House in
Melbourne's CBD have sparked debate over protection for public
space and modern architecture, amid fears it will "set a
dangerous precedent" (05 April 2021). More...
NSW
'There will be bankruptcies': Mascot Towers
owners urged to sell as developers circle
Owners of the beleaguered building are told to expect to
cop a loss of up to 80 per cent on their units after several
developers expressed interest in buying the block with a view to
demolishing it and rebuilding from scratch (15 April 2021).
More...
New rules for Airbnb-style letting in NSW delayed by
three months
The short-term letting rules were due to come into force
on July 30, but the government has decided within the past 24 hours
to delay their introduction to November 1 after it had
received substantial feedback from key stakeholders about concerns
regarding the timeline to implement changes (13 April 2021).
More...
A burden, not a celebration of history': NSW
government pushes heritage law review
Arts Minister Don Harwin said a NSW parliamentary
committee would scrutinise the controversial legislation aimed at
protecting the state's significant natural, cultural and built
heritage items (07 April 2021). More...
Land values around Sydney's new airport soared
dramatically ahead of rezonings
The first study of its kind by the state's valuer
general found that property values rose years ahead of rezonings,
some by almost 250 per cent (07 April 2021). More...
Queensland
Bid to open up student accommodation to workers
Scape Australia plans to open up its student accommodation
to essential workers and interstate travellers as it waits for
international students to return to the country (15 April 2021).
More...
Public register portal opens up environmental records to
all
A new online portal released will give the public improved
access to environmental licences and permits in Queensland. The
Public Register Portal can be accessed here (14 April 2021). More...
Brisbane City Council to face court fight over Boggo
Road Gaol plans
The $25 million project was approved in early March for
the state-owned and heritage-listed site amid community objections
and warnings of a court appeal (08 April 2021). More...
Developers for $2b Eagle Street Pier towers hit back at
opposition
Commercial owners of the neighbouring Riparian Plaza claim
plans were not properly submitted and their approval was
"wrong at law" (06 April 2021). More...
In Practice and Courts
Victoria
Updated better apartments design standards
The Victorian Government is committed to creating better
apartments in our neighbourhoods and that's why the Department
of Environment, Land, Water and Planning is announcing updates to
the standards to address external amenity. Learn more about the
updates to the standards here (19 April 2021).
Victoria: Review of the Retirement Villages Act
1986
The Government is seeking feedback on a range of options
that have been developed from the first round of consultation.
Consultation for the Retirement Villages Options Paper has been
extended to 14 May 2021. Interested parties will be able to view
the Options Paper via engage.vic.gov.au/retirementvillagesact and
can register for updates
NSW
Short-Term Rental Accommodation (STRA) policy
This framework includes limits on the number of days'
properties can be rented out in certain circumstances, new fire
safety standards, a government-run register, mandatory Code of
Conduct and an exclusion register to ensure properties are up to
scratch. The policy comes into effect on 30 July 2021 to give
businesses and homeowners time to understand their requirements.
For more information visit www.planning.nsw.gov.au/STRA (09 April
2021). Policy update Government to delay
introduction to November 1 (13 April 2021).
Department of Planning Consultation - proposed changes
to clause 4.6 variations review now on exhibition
The NSW Government is committed to ensuring the NSW
planning system is transparent and accountable; and easy to use and
understand. As part of this commitment the department is seeking
feedback on how to improve the way clause 4.6 operates and
provide certainty to councils and industry. Have your say during
public exhibition from 31 March until 12 May
2021. More information can be found here.
Registrar General: Timetable to digital survey plans in
NSW launched
Some important deliverables in the next 12 months
are:
July 2021: Surveyors will be able to create survey plan workspaces
in the NSW Land Registry Services portal and pre-fill titling
documents online
End of 2021: Move to 100 per cent online lodgment along with
new NSW LRS portal tools that make it easier for surveyors to lodge
digital survey plans. More...
NSW Planning Department: Have your say - draft plans and policies
Design and Place State Environmental Planning
Policy
Notification start-end date 26/02/2021 - 28/04/2021
The new Design and Place State Environmental Planning Policy
(SEPP) is part of a broader review of all our
SEPPs and aims to simplify and consolidate how to deliver good
design in NSW. More...
Changes to biodiversity offsets scheme
From: 22 March 2021 to: 19 April 2021
Have your say on the proposed changes to how payments to the
Biodiversity Conservation Trust are determined under the
Biodiversity Offsets Scheme. More...
Planning Amendments for Agriculture
The department is proposing to simplify the planning
process and approval pathways for those who wish to do small
business activities, such as agritourism, and low-impact
agricultural development on NSW farms. Submissions close on 19
April 2021. More...
Queensland
PCA: Submission update
The Property Council has provided the following
correspondence to Government on the Gold Coast Planning Scheme. To
view the submission, please click here (15 April 2021).
PCA: Exploring the Queensland Globe
The Queensland Government has provided the following
information to assist users in utilising the Queensland Globe. The
Queensland Globe is an online interactive mapping tool that allows
you to view land and property information over high resolution
satellite imagery. Access Queensland Globe via the link
below:
Queensland Globe - https://qldglobe.information.qld.gov.au/ (01
April 2021). More...
Consultations
Inland Rail - Border to Gowrie project - draft
environmental impact statement Closes 19 April 2021
Inland Rail - Helidon to Calvert project - draft
environmental impact statement Closes 23 June 201
Cases
Victoria
Trivunovic v Popovic (Building and
Property) [2021] VCAT
313
CO-OWNERSHIP - application under Part IV Property Law Act 1958 for
sale of a jointly owned residential property in respect of which
the applicant contends on the basis of his alleged sole
contribution to the purchase price and payment of holding costs
that he has sole beneficial ownership, and that he is entitled to
the entire proceeds of a sale of the property as sought by him.
EVIDENCE - ISSUE ESTOPPEL - decision of a foreign tribunal -
whether the reasons given for orders of a German Court have the
effect of precluding the applicant from so contending -
consideration of criteria in Clayton v
Bant [2020] HCA 44.
NSW
Kennards Self Storage Pty Limited v
Campbelltown City Council [2021] NSWLEC
31
APPEAL - refusal of development application for self-storage unit
facility - satisfaction of statutory conditions to grant of consent
- resolution of contentions regarding traffic management and
pedestrian safety, flooding and stormwater, urban design and visual
impact, biodiversity management and impact on trees.
Fandakis v Canterbury-Bankstown
Council [2021] NSWLEC
1166
DEVELOPMENT APPLICATION - State Environmental Planning Policy
(Affordable Rental Housing) - boarding house development in R4 High
Density Residential zone - weight given to draft Local
Environmental Plan - clause 30A character of the local.
Queensland
Sunshine Coast Regional Council v D
Agostini Property Pty Ltd & Ors (No. 2)
[2021] QPEC 23
PLANNING AND ENVIRONMENT - APPLICATION - Where the applicant seeks
to substitute respondents in the proceedings - where the applicant
seeks final orders restraining only some respondents in the
proceedings - where the respondent submits a procedural defect in
the application - where the respondent further submits the Court
lacks the power to make the orders sought - where the respondent
further submits against the making of final orders prior to the
further hearing of the proceeding
Planning and Environment Court Act 2016 Qld s 10, s 11(4), s 164, s
165, s 180(6); Residential Tenancies and Rooming Accommodation Act
2008 Qld s 12, s 40, s 44; Planning and Environment Court Rules
2018 Qld r 4
Uniform Civil Procedure Rules 1999 Qld r 69, r 74, r 117, r
377.
E.J. Cooper & Son Pty Ltd v
Townsville City Council &
Anor [2021] QPEC 20
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
development application under the Integrated Planning Act 1997 -
application for a preliminary approval for a material change of use
to develop a large rural holding into a master planned residential
community supported by other uses - where the development
application also sought a variation to the planning scheme - the
operation of statutory provisions in relation to such applications
-whether the application for a preliminary approval for the
material change of use must be assessed against the provisions of
the Planning Scheme sought to be varied - what weight should be
given to the more recent planning documents - whether proposal
should be refused having regard to the nature of the proposed uses,
its likely impact on amenity, potential for reverse amenity
impacts, infrastructure requirements, traffic impacts or having
regard to issues of flooding or stormwater quality - whether the
proposal conflicts with the planning documents - whether the
application ought be approved having regard to grounds/matters in
favour of the proposal - whether there is a need sufficient to
support approval - likely benefits in times of flood - benefits
from stabilizing and rehabilitating eroded parts of the site -
other matters in favour - whether the development should be
approved in part - whether the variations component of the
application should be approved
Integrated Planning Act 1997 Qld ss 1.3.2, 3.1.6, 3.5.5, 3.5.5A,
3.5.14, 3.5.14A, 4.1.50(1), 4.1.52(1), 4.1.52(2)
Integrated and Other Legislation Amendments Act 2003 Qld; Planning
Act 2016 Qld ss 289(2), 311
Sustainable Planning Act 2009 Qld ss 242, 326, 329, 802, 819.
Legislation
?NSW
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment
(Planning Portal) Regulation 2021 (2021-180) - published
LW 16 April 2021
Design and Building Practitioners Regulation
2021 (2021-152) - published LW 9 April 2021
Environmental Planning and Assessment Amendment
(Short-term Rental Accommodation) Regulation
2021 (2021-171) - published LW 9 April 2021
Environmental Planning Instruments
State Environmental Planning Policy (State and
Regional Development) Amendment (Warehouses and Data Centres)
2021 (2021-185) - published LW 16 April 2021
State Environmental Planning Policy (Affordable
Rental Housing) Amendment (Short-term Rental Accommodation)
2021 (2021-175) - published LW 9 April 2021
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.
