In the media
Commonwealth
Housing prices continue to fall: REIA
Property prices across Australian capital cities fell in
the June quarter 2018 with the weighted average median prices
decreasing by 0.8 per cent for houses and 0.3 per cent for other
dwellings, according to the Real Estate Institute of Australia (12
September 2018).
More...
Renters, first home buyers see more affordable market:
Report
Affordability has improved for renters and the number of
first home buyers increased during the second quarter of 2018,
according to research from the Real Estate Institute of Australia
(05 September 2018).
More...
Victoria
Slashing Red Tape to Boost Local Businesses and Create
Jobs
More than 250 new initiatives have been put in place to
reduce Victoria's gross regulatory burden by 25 per cent. These
include streamlining the way Councils require, access and collect
developer contributions to pay for infrastructure; making retail
leases fairer and easier to understand; making it easier for
businesses to set up events and festivals and allowing people to
take away unfinished open bottles of liquor from licensed venues
(14 September 2018).
More...
Applications Now Open For Half-Price Solar Panel
Rebates
Minister for Energy Lily D'Ambrosio announced that
eligible Victorian households who installed solar panels on or
after 19 August can now apply for a rebate to cover half the cost,
up to a maximum of $2225. Applications for a $1,000 rebate for
solar hot water systems will open shortly (14 September 2018).
More...
Lowered roads, green bridges to feature in
Melbourne's proposed 'missing road link'
Bridges covered in greenery, 25 kilometres of cycling and
walking paths and better noise standards will form part of the
proposed $15.8 billion North East Link road project, plans unveiled
by the Andrews Government reveal (09 September 2018).
More...
There are Now More Apartments than Offices in Central
Melbourne
Residential accommodation has surpassed office space in
Melbourne's municipality as the largest use of floor space,
according to the latest data from City of Melbourne (07 September
2018).
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New renting laws pass through Parliament
The Victorian Parliament has passed the Residential
Tenancies Amendment Bill 2018, which includes more than 130
reforms providing increased protections for renters, while ensuring
rental housing providers can still effectively manage their
properties (07 September 2018).
More...
Cases
Aquadonis Pty Ltd v Kingston CC (Red Dot)
[2018] VCAT 1407
NATURE OF CASE - Application under section 79 of the
Planning and Environment Act 1987 - Whether CHMP required
- Whether application should be dismissed in accordance with the
reasoning in Stanley Pastoral Pty Ltd v Indigo SC [2015] VCAT
36.
LOCATION OF PASSAGE OF INTEREST Paragraphs 14 & 15.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW –
issue of interpretation or application. The Tribunal has
jurisdiction to determine a section 79 application if the
requirement to prepare a CHMP arises after the date the application
is made.
2426 Grenville Pty Ltd v Bayside CC (Red
Dot) [2018] VCAT
1338
NATURE OF CASE Application to develop an apartment
building on the subject land.
LOCATION OF PASSAGE OF INTEREST Paragraphs 29 - 43.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LAW – issue of interpretation or application - Consideration
of the mandatory garden area requirement in the context of a permit
application with a floor level below the existing ground
level.
LEGISLATION – interpretation or application of statutory
provision.
PLANNING SCHEME – interpretation or consideration of VPP
provision - Identification of apparent oversight when Amendment
VC143 did not delete the words 'at ground level' in clause
32.08-4 despite an intent to do so, as evident in the 'tracked
changes' version of the clause.
Big Apple Group Pty Ltd v Melbourne City Council
(Building and Property) [2018] VCAT
1323
Building and Property List – retail tenancy –
application to set aside order by consent – jurisdiction
– implied and inherent power of Tribunal – functus
officio – whether applicant appeared through Counsel whose
suspension was stayed at relevant time – was applicant
represented – conflict of interest in relation to
respondent's Counsel – no power to set aside order
– no jurisdiction in Tribunal – Victorian Civil and
Administrative Tribunal Act 1998 (Vic) sections 119 and
120.
Bunnings Group Ltd v Sunshine Coast Regional Council &
Ors [2018] QPEC 42
PLANNING AND ENVIRONMENT – APPEAL – appeals
against refusals – refusals of development applications for a
material change of use of premises to establish a Bunnings
Warehouse.
CONFLICT – conflict with the superseded planning scheme
– whether proposed developments conflict with the superseded
planning scheme.
PLANNING NEED – whether there is a need for a Bunnings
Warehouse at Coolum Beach.
GROUNDS – whether there are sufficient grounds to justify an
approval of a Bunnings Warehouse on the land despite the
conflicts.
Fisher v Wenzel (No. 2) [2018] QCAT
298
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING
– FENCES AND FENCING – ADJOINING LAND – where
Tribunal made final dividing fence orders including contribution
order against applicants for fencing costs.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicants subsequently applied for orders for prevention of
demolition of part of a dividing fence and rectification work
– whether application made out.
Delta Contractors (Aust) Pty Ltd v Brisbane City
Council [2018] QPEC
41
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a proposed partial demolition of a pre-1946
dwelling house – whether the partial demolition results in
the loss of integral components which contribute to streetscape
character – whether the proposed partial demolition
diminishes traditional building form – whether the partial
demolition will result in loss of traditional building character
– whether the partial demolition reduces the building's
positive contribution to the visual character of the street –
whether the development ought be approved having regard to relevant
matters.
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.
