In the media
Commonwealth
Social housing a new focus for ESG investors
Australia faces a projected need for almost 730,000 new
social housing properties over the next 15 years and the growing
weight of capital with ESG drivers may help meet the challenge (07
October 2021).
More...
APRA tightens home loan rules, raises interest rate
benchmark
The banking regulator announces tougher serviceability
tests for home loans, which will make it harder for some borrowers
to get a mortgage, on the same day the Reserve Bank of New Zealand
starts lifting its benchmark interest rate (06 October 2021).
More...
Statement on APRA increase to interest rate
buffers
The Property Council of Australia said it understands the
rationale for the Australian Prudential Regulation Authority's
decision to increase interest buffers on home loan applications and
believes that the impacts should be monitored into the new year
before any further action is considered (06 October 2021).
More...
Landlords face looming new Covid challenge
With vaccination rates rising and employers planning a
return to the office for their workers, a question mark looms over
how organisations with different vaccination policies will share
the same buildings, according to JLL's head of research Andrew
Ballantyne (30 September 2021).
More...
CEFC supports impact investing through Artesian Green
and Sustainable Bond Fund
The CEFC is increasing its investment in Australia's
emerging clean energy fixed income sector, backing the first
corporate-focused green bond fund developed by investment
management firm Artesian (28 September 2021).
More...
Architects lay down challenge for carbon-neutral
building
Australia's debate about reducing carbon emissions has
widened to construction, with the lobby group for architects, the
Australian Institute of Architects, mounting a push for the
building industry to be net carbon zero in as little as nine
years' time (28 September 2021).
More...
REIA: States bolstering coffers at expense of housing
affordability
Stamp duty has become the antiquated blight of the
Australian housing sector as prices soar and governments continue
to penalise home buyers with higher taxes, which is leading to a
reduced number of properties on the market according to the market
analysis, Stamp duty: The relationship to Australian housing
affordability and supply (01 October 2021).
More...
Victoria
Victorian Homebuyer Fund announced
The Victorian Government announced the $500 million
Victorian Homebuyer Fund to support more than 3,000 aspiring
homeowners to purchase a residential property in eligible Victorian
locations (08 October 2021).
More...
Melbourne overhauls urban design guide to stop
"spreadsheets in the sky"
This week Victorian minister for planning, Richard Wynne
approved City Council's new Central Melbourne Design Guide
which aims to rethink outdated urban design requirements applying
to the central city and Southbank (06 October 2021).
More...
REIV takes another step towards building smart digital
solutions for real estate
Following the highly successful relaunch of VicForms with
technology partner Hutly, the REIV is set to redefine real estate
data. The REIV Board has signed a new agreement with Hutly to
revolutionise PropertyData, REIV's real estate data platform
(05 October 2021).
More...
Supersized Cremorne site to kick off post-lockdown
transactions
One of the largest single land holdings on Melbourne's
city fringe, the property will catch the attention of developers
and investors focused on the once a run-down industrial suburb,
which is now the beating heart of a warehouse-led city-fringe
office revival (30 September 2021).
More...
NSW
ABS planning approvals data: Signs of NSW recovery
followed by significant decline
Dwelling approvals data released by the ABS show that
approvals in the month of August grew across all of Australia,
accept in NSW, with approvals going backwards for the 4th month in
a row (30 September 2021).
More...
NSW set to halve emissions by 2030
NSW is set to attract more than $37 billion in investment
while slashing emissions by 50 per cent below 2005 levels by 2030,
under updated projections and objectives released as part of the
Net Zero: Stage 1 Implementation Update (29 September 2021).
More...
Queensland
Plans filed for 13-storey tower at Stones Corner
Oakridge Property Group has lodged a development
application for a mixed-use 13-storey apartment tower on the site
of the Freemasons Centre at Stones Corner ( 08 October 2021).
More...
Native title ruling strengthens Koa people's
identity
Western Queensland's Koa people have had their
identity strengthened following a Federal Court decision in Winton
(07 October 2021). More...
Brookfield propose new residential tower for Portside
Wharf
A development application has been submitted by Brookfield
for the development of a 16 storey residential tower located at
Portside Wharf East (06 October 2021).
More...
11 storey timber tower proposed for 12 Kyabra Street,
Newstead
A development application has been submitted by
TikTokThree Pty Ltd for an eleven storey mixed-use tower located at
12 Kyabra Street, Newstead, , built out of Cross Laminated Timber.
The proposed development aims to create small business strata
office tenancies from 50-250m2 as its primary function (06 October
2021).
More...
Drew Group plans $250m Gold Coast towers
Gold Coast developer Drew Group has lodged plans for
$250-million dual tower residential development across seven
neighbouring sites in Main Beach, amalgamating 37 individuals
properties (05 October 2021).
More...
Developers warned as contractor loophole closure
delayed
The Queensland government has postponed the closure of
what many see as a loophole licensing exemption misused by
contractors to enter into construction contracts and carry out
building work in the state without being properly licensed (30
September 2021).
More...
'Ballistic' property market creates hurdles for
disability housing
Queensland's competitive housing market adds further
pressure to the disability accommodation sector looking to focus on
independent living (29 September 2021).
More...
St Vincent's plans redevelopment for Kangaroo Point
hospital site
St Vincent's Health Australia has lodged a six-staged
development masterplan for the redevelopment of St Vincent's
Hospital in Kangaroo Point. The application specifies that designs
shown are indicative concepts which are not final and doesn't
form part of this particular development application (DA), but
rather focuses on approval for the broader masterplan (29 September
2021).
More...
Brookfield bumps up Hamilton Northshore offering
Brookfield Residential Properties is planning another
tower in Northshore Hamilton near the site of the Brisbane 2032
Olympic Athletes' Village (29 September 2021).
More...
Plans lodged for 33-storey Broadbeach tower
A developer has lodged plans for a 33-storey residential
development in Broadbeach as the Gold Coast's red-hot apartment
market continues to outstrip supply. The Plus Architecture-designed
development will be targeted at the local owner-occupier market (28
September 2021).
More...
20 storey residential tower proposed for Manning St,
Milton
A development application has been submitted by
Melbourne-based Goldfields for a twenty storey residential tower
located at 29 – 35 Manning Street Milton. The development
site is located behind Park Road and requires the removal of four
detached residential dwellings (27 September 2021).
More...
New aerospace & defence precinct proposed for
Wellcamp Airport
Plans have been unveiled for a massive new aerospace and
defence precinct which is to be built at Toowoomba's Wellcamp
Airport. The new area is being called the Wellcamp Aerospace and
Defence Precinct and would be built on land owned by the Wagner
Corporation for Boeing Australia (26 September 2021).
More...
Published – articles, papers, reports
Your
Homeedition, September
2021
Contains the latest information on energy efficiency,
sustainable design practices and construction systems for the
residential building sector. It includes new case studies, images
and diagrams covering cladding systems, insulation, retrofitting
and renovating to improve thermal performance. It also has chapters
on building for adaptability and resilience to weather extremes.
The latest Your Home resource will be available online from 28
September. More...
In practice and courts
Announcements, Draft Policies and Plans released 2021
NSW
NSW Revenue: Land Tax Build to Rent
The NSW Government is introducing a
land tax discount for new build-to-rent housing projects until
2040 and a new Housing Diversity SEPP to provide more housing
options, greater surety for renters, boost construction and support
jobs during the COVID-19 recovery. Guidelines for the land tax
reduction for build-to-rent properties can be read
here.
Queensland
PCA: Extension notices
The Deputy Premier has approved an
extension notice to extend the timeframes for undertaking approved
development by six months. This applies under the
COVID-19 applicable event notice declared on 29 June
2021.
This
extension notice applies to particular development approvals
that were in effect on 1 September 2021, or that come into effect
between 1 September and 30 September 2021 (30 September
2021).
For further information, read:
Approval under the Planning Act and
Approvals under the Economic Development Act. This extension
does not apply to building development approvals for building works
pursuant to s71 of the Building Act 1975.
Amendment of Planning Regulation 2017
The Department of State Development, Infrastructure, Local
Government and Planning has advised that the
Planning Regulation 2017 was amended on 17 September by the
Planning Amendment Regulation (No.1) 2021.
The amendments: Extend the expiry date of the economic support
instrument provisions by 12 months until 17 September 2022 make
several minor changes to increase the efficiency of the Planning
Regulation. These clarify provisions relating to the content of
planning and development certificates and referral agency
requirements for end-of-trip facilities.
Residential Tenancies and Rooming Accommodation
(Tenants' Rights) and Other Legislation Amendment Bill
2021
The Bill was referred to the Community Support and
Services Committee for detailed consideration and report by 26
November 2021. The explanatory notes state that the objective of
the Bill is to improve rights for renters in Queensland, address
rental affordability concerns and improve access to safe and secure
housing.
City of the Gold Coast: Express DA service
As part of the City's economic support during
COVID-19, the City is offering a 50 per cent discount on Express
DAs for 12 months (from 27 October 2020 to 27 October 2021).
More...
REIQ: Training requirements for the Queensland real
estate industry
The Office of Fair Trading (OFT) has released new training
requirements for the Queensland real estate industry. As of 30
September 2021, the current qualification will be superseded and
replaced by a new property services training package. At the REIQ,
the new
training package not only recognises the significance of the
work undertaken by real estate professionals, but also better
reflects modern day real estate agency practice.
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021. For
more information, please click
here.
DSD Consultations
Inland Rail – Gowrie to Helidon project – draft
environmental impact statement 25 October 2021
Cases
Goldberg v Campbell and Shaw & Ors
[2021] VSC 647
REAL PROPERTY — caveats — application by
plaintiff for order directing removal of caveat lodged by second
defendant on title — application for removal of a caveat
under s 90(3) of the Transfer of Land Act 1958 (Vic) —
whether there is a prima facie case to be tried — whether the
balance of convenience favours the removal of the caveat —
order for removal of caveat to be made but stayed pending an
application to amend caveat — application for sale of
co-owned land and division of proceeds under Part IV of the
Property Law Act 1958 (Vic) — sale not ordered but
application adjourned.
Valuer-General v AWF Prop Co 2 Pty Ltd &
Ors [2021] VSCA
274
VALUATION OF LAND – fire services levy – levy
calculated according to capital improved value of land –
First Respondents leased 16 parcels of land for purpose of
establishing and operating wind farm – wind farm assets
comprised 75 wind turbines, substation, buildings, cabling, and
other items affixed to land – contractual obligation to
remove wind farm assets at end of lease – whether wind farm
assets formed part of land to be valued – whether primary
judge erred by valuing wind farm as separate occupancies – no
error in approach of primary judge – whether primary judge
erred in valuing land on basis land was leased for wind farm
operation – no error in approach of primary judge –
Shell Co of Australia Ltd v City of Melbourne [1997] 2 VR
615, Challenger Property Asset Management Pty Ltd v Stonnington
City Council [2011] VSC 184; (2011) 34 VR 445, considered
– leave to appeal granted, appeal dismissed – Fire
Services Property Levy Act 2012 s 16 – Property Law Act 1958
s 154A – Valuation of Land Act 1960 ss 2(1), 2(3), 5A, 13DC
– Interpretation of Legislation Act 1984 s 38.
REAL PROPERTY – fixtures – tenant's fixtures
– whether wind farm assets belonging to lessee formed part of
land – wind turbines connected to underground foundations
– connection for safety and operational reasons –
turbines and other above ground assets capable of dismantling and
removal – obligation on lessee to remove things erected or
installed on land and make good – lessee entitled to remove
turbines and other assets during lease – lease term 25 years
with option to renew – above ground assets chattels –
SPIC Pacific Hydro Pty Ltd v Chief Commissioner of State
Revenue [2021] NSWSC 395, considered – property in
assets remaining with lessee during lease by operation of Property
Law Act 1958 s 154A – Vopak Terminals Australia Pty Ltd v
Commissioner of State Revenue [2004] VSCA 10; (2004) 12 VR
351, Commissioner of State Revenue v Uniqema Pty Ltd
[2004] VSCA 82, applied.
328 Hampshire Road Pty Ltd v Medical One Pty Ltd
(Building and Property) [2021] VCAT
1117
RETAIL TENANCY DISPUTE – Section 37 of the Retail
Leases Act 2003 (Vic) – rental determination – adequacy
of reasons – whether the valuer adhered to his charter
– whether the valuation determination disclosed detailed
reasons in accordance with s 37(6)(b) of the Retail Leases Act
2003.
Waratah
Coal Pty Ltd v Youth Verdict Ltd & Ors (No 3)
[2021] QLC 36
ENERGY AND RESOURCES – MINERALS – COURTS OR
TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS –
PROCEDURE – where the applicant revised its mine plan after
the applications for a mining lease and environmental authority had
been referred to the Court for hearing – whether the Court
can conduct the hearing on the revised mine plan – where the
Court must comply with the requirement to afford parties procedural
fairness – where the Court adjourned the matter for further
hearing to allow the Department of Environment and Science to
consider the potential environmental impacts of the revised mine
plan. Environmental Protection Act 1994 Qld; State Development and
Public Works Organisation Act 1971 Qld
Redland
City Council v King of Gifts (Qld) and HTC Consulting Pty Ltd &
Anor [2021] QCA
210
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
where, in 2018, the primary judge granted an appeal pursuant to s
461(1) of the Sustainable Planning Act 2009 (Qld) ('SPA')
against the applicant's refusal of a development application
for a material change of use to develop land for a service station,
drive through restaurant and an on-site effluent disposal
irrigation area – where, in 2020, this Court granted an
application for leave to appeal and allowed an appeal against the
2018 judgment upon the ground that the primary judge had erred in
principle in the application of s 326 of the SPA – where in
this Court's 2020 decision the orders made by the primary judge
were set aside and the matter was remitted to the Planning and
Environment Court to be determined according to law – where
no additional evidence was adduced at the remitted hearing –
where, on rehearing, the primary judge allowed the appeal, and
approved the development application subject to conditions –
where the applicant seeks leave to appeal against that judgment
upon the ground that the primary judge erred by finding in fact
that there was a need for the proposed development and its
constituent elements, at the proposed location, in the absence of
any evidence of that fact – where in the 2017 reasons the
primary judge described the proposed development as
"fundamentally different in nature and size (in terms of its
footprint) to the types of uses and development that the Redlands
Planning Scheme envisages on the subject site" – where
the primary judge also found there was a need for the proposed
development that was sufficient to justify approval despite the
conflicts with the Redlands Planning Scheme – where the
primary judge relied on economists' and town planners'
reports for that finding – where the primary judge found
there was a "clear and strong level of economic need"
– where the primary judge found that the combined effect of
six matters established that "the public interest in approval
of the proposed development is greater than the public interest in
upholding strict compliance with the Redlands Planning Scheme by
refusing the development" – whether the primary judge
erred in law by making that finding in the absence of supporting
evidence Sustainable Planning Act 2009 Qld s 326(1)(b)
Yue
v CN-AU Capital Pty Ltd & Anor [2021] QSC
248
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION
OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the
plaintiff and first defendant are parties to a deed of agreement
– where the deed of agreement provides that "Mr Yue
shall cause the Second Payment to be made to [Capital] on or before
24 May 2021, made payable to the JCL Trust Account" –
where the central issue of construction concerns what was required
of Mr Yue for him to "cause the Second Payment to be made to
[Capital] on or before 24 May 2021" – where the
plaintiff contends that a cheque drawn on a solicitor's trust
account satisfied the contractual requirement whether by bank
cheque or clear funds – where the first defendant contends
the primary obligation required the plaintiff to cause the second
payment to be made on or before 24 May 2021 by way of cleared funds
on or before that date – whether a reasonable business person
in the position of the parties would have understood that, in order
for the plaintiff to effect payment in accordance with the clause,
and thereby become entitled to the release of the Mortgages,
cleared funds were required to be provided on or before 24 May
2021
PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS
AND GENERALLY – DECLARATIONS – APPROPRIATE FORM OF
RELIEF – DISCRETION OF COURT – OTHER CASES –
where the deed of agreement provides for the plaintiff to make
payments to the first defendant – where a dispute arose after
the first defendant refused to accept a payment of the balance
funds by a solicitors' trust account cheque – where the
plaintiff seeks a declaration that the plaintiff has not breached
the deed of agreement – whether the declaration ought to be
made in the terms sought by the plaintiff
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – PENALTIES AND
LIQUIDATED DAMAGES – GENERAL PRINCIPLES –where the
plaintiff contends that the default consequences contained in the
deed of agreement sought to contract out equity's jurisdiction,
in compelling to not resist sale to another party, and to allow it
to have the benefit of the $2,600,000 payment without a trial to
determine the validity of the Mortgages – where the first
defendant contends that the deed of agreement did not provide for
the imposition of an additional and different liability or
detriment in the event of the plaintiff's breach of a primary
obligation – whether the contractual provision is a penalty
clause based on the terms and circumstances of the contract and
judged as at the time of the making the contract
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS –
INTERLOCUTORY INJUNCTIONS – GENERALLY –where the
plaintiff contends for a serious question or prima facie case to
arise out of the validity or enforceability of the deed of
agreement as well as in relation to the claims made by him in the
proceeding – where the first defendant contends it did not
hinder or prevent performance by the plaintiff – where the
plaintiff submits that there is a prima facie case in relation to
the validity or enforceability of the deed of agreement and the
balance of convenience favours the grant of the interlocutory
injunctions – whether the injunctions should be granted
REAL PROPERTY – TORRENS TITLE – CAVEATS AGAINST
DEALINGS – REMOVAL – PARTICULAR CASES –where the
plaintiff lodged caveats claiming an equitable interest in the
property – where the first defendant contends, in addition to
direct enforcement, that the plaintiff's obligations under the
deed of agreement are a powerful consideration in favour of removal
of the caveat – where the plaintiff's undertaking is of
little or no value – whether there is a serious question to
be tried – whether the balance of convenience favours the
removal of the caveats. Land Title Act 1994 Qld s 127(1)
Cases to 04 October 2021
Fuller
v Grabbe & Anor [2021] QLC
35
ENERGY AND RESOURCES – MINERALS – MINING FOR
MINERALS – COMPENSATION – where the Land Court recently
determined compensation for small mining grants in Australian
Asiatic Gems Pty Ltd v Grabbe & Anor [2021] QLC 25,
Land & Anor v Grabbe & Anor [2021] QLC 1 and
Sawyer v Grabbe & Anor [2021] QLC 27 – where the
valuation report from the Land matter was 'recycled'
– where the Court considered valuation evidence – where
compensation for deprivation of possession of the surface of the
land of the owner was agreed between the parties – whether
there should be compensation for management of the land –
where there are no access issues – where the landholders'
management duties will be less burdensome compared to other tenure
holders
Tempo
3 Pty Ltd v Gummi Junga Aboriginal Corporation
[2021] QLC 34
ENERGY AND RESOURCES – MINERALS – MINING FOR
MINERALS – COMPENSATION – where the respondent had
difficulties in participating in the directions hearing and reviews
– where the Court and applicant were sympathetic to the
respondent's difficulties – where the concerns of the
landowner were taken into account – where compensation is
only claimed for deprivation of possession of the surface of the
land of the owner pursuant to s 281(3)(a)(i) of the Mineral
Resources Act 1989 (Qld) – where the Court cannot determine
'conduct' conditions but it is expected that Tempo 3 would
honour their commitment – where compensation was
determined
Upan
Company Pty Ltd v Gold Coast City Council (No. 2)
[2021] QPEC 50
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF
OTHER CHANGE APPLICATION – where original application
concerned stepped form high rise residential development –
where appellant seeks approval of other change application for
built form residential development – where proposed other
change concerns reductions of storeys, increase of building
height
CONFLICT WITH PLANNING SCHEME – where proposed development
results in unacceptable impacts in respect of setbacks and site
cover – loss of stepped design – building height
transition – where appeal dismissed
Planning Act 2016 Qld s 78
Paige
Pty Ltd v Redland City Council [2021] QPEC
51
PLANNING AND ENVIRONMENT – APPLICATION –
application in pending proceeding – application for minor
change – where the development application seeks a
development permit for reconfiguration of lots – where, at
the time of the decision, the development application provides
access to Bunker Road – where the proposed change includes
removal of vehicular access to Bunker Road – whether the
proposed change is a minor change
Planning Act 2016 Qld Sch 2; Planning and Environment Court Act
2016 Qld s 43, s 46
Legislation
Queensland
Subordinate Legislation as made – 01 October
2021
No 150
Nature Conservation (Protected Areas) Amendment Regulation (No. 3)
2021
Subordinate legislation as made – reminders
No 138
Planning Amendment Regulation (No. 1) 2021
The objectives of the Amendment Regulation are to extend the expiry
date of economic support instrument provisions under the Amendment
Regulation by 12 months until 17 September 2022 to continue to
assist Queensland's economic recovery from COVID-19, and make
minor amendments to increase the efficiency of the
No 49
Water Plan (Mary Basin) (Postponement of Expiry) Notice
2021
For section 56(1) of the Act, the new expiry date for the Water
Plan (Mary Basin) 2006, as postponed under section 55 of the Act,
is 28 May 2024.
No 50
Planning (COVID-19 Vaccination Service) Amendment Regulation
2021
Insert 20A When material change of use for providing COVID-19
vaccination service is not assessable development. This section
expires on 31 December 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.
