In the media – National
Why metros are game-changers for Australian
cities
By 2053, about 89 per cent of all Australians are expected to live
in capital cities. As more and more people enter these cities,
residents are becoming increasingly concerned with impacts on
liveability.
More...
Sydney house prices fall as national growth conditions
remain flat
Since moving through a peak rate of growth in November 2016,
capital gains across Australia's housing market have been
losing momentum, with national dwelling values unchanged over the
month of October. Sydney has joined Perth and Darwin as the only
capital cities to experience a drop in housing prices (01 November
2017).
More...
Townhouses most popular residential development sites as
move to medium density intensifies
Townhouses have trumped apartments and houses to become the most
popular residential development sites in Australia. By value, the
portion of medium-density development sites sold in Australia in
2016-17 was 13.8 per cent — up from 6.3 per cent a year
earlier, according to Knight Frank (01 November 2017).
More...
Should we get rid of parking spaces to free up land in
our cities?
Cities around the world are starting to rethink the vast areas of
land set aside for parking. The convergence of several trends
likely will mean this space becomes available for other uses (30
October 2017).
More...
Smart cities growth is at the urgent
stage
The need to help create so-called Smart Cities is more urgent than
ever before amid predictions of significant population growth in
cities that are already under pressure. Sydney, which was less
planned than Melbourne, is under the spotlight as a place that will
not cope, in terms of property supply and transport efficiency,
with the forecast rise in residents (27 October 2017).
More...
Mirvac chief says focus groups tell another story about
higher density living
A major developer boss has admitted the property industry has a
problem convincing Australian residents of the benefits of
higher-density living (26 October 2017).
More...
In the media – Victoria
New suburbs in Melbourne's North
Minister for Planning Richard Wynne today joined Member for Yan
Yean Danielle Green and Member for Yuroke Ros Spence to unveil
Melbourne's latest suburbs, Donnybrook and Woodstock. Plans for
five local town centres, five convenience centres, six government
schools, four non-government schools and 46 hectares of parkland
are also included (04 November 2017).
More...
Campaign to protect home buyers against
underquoting
A new campaign will ensure prospective homebuyers know their rights
under strict new underquoting laws introduced by the Andrews Labor
Government to protect Victorians (03 November 2017).
More...
Fairer and more consistent land valuations for
Victorians
Under legislation introduced into Victorian Parliament today,
valuations will be conducted annually by the Valuer-General instead
of by local councils every second year as they are currently (02
November 2017).
More...
EPA Guidelines for Planning Proposals within the buffer
of Landfill Sites
Planners, developers and councils will benefit from EPA's new
set of guidelines on assessing planning proposals within the buffer
of landfills. The new guidelines are designed to make it easier to
progress planning applications while protecting the community
through compliance with Victorian legislation and planning
provisions (26 October 2017).
More...
In the media – New South Wales
No more apartments but more Copenhagen for
Sydney
Sydney's future residential shape will start to mirror
Copenhagen's high-density middle housing as the apartment boom
starts to subside, the City of Sydney's director of planning,
development and transport Graham Jahn says (30 October 2017).
More...
Planning bill enters parliament
Long anticipated reforms to the NSW planning system were released
with the introduction of the Environmental Planning and
Assessment Bill 2017 into the Legislative Council this month.
The Bill largely mirrors draft legislation, with a substantial
focus on increasing community participation and on strengthening
strategic planning at the local level (27 October 2017).
More...
In the media – Queensland
Development Site deals deliver $100m uplift in Gold
Coast commercial market
Development site sales have reshaped the Gold Coast commercial
market in 2017, with total sales for the first nine months of the
year exceeding the same period in 2016 by more than $100 million
(31 October 2017).
More...
Published – articles, papers, reports
Fishermens Bend framework: draft for
consultation
Department of Environment, Land, Water and Planning (Vic): 21
October 2017
This draft Framework is a long term strategic plan for the
development of Fishermans Bend out to 2050. It will guide
investment and development by the State Government, local
government and the private sector. More...
Melbourne Airport rail link
Marianne Aroozoo, Parliamentary Library and Information Service
(Vic): 19 October 2017
This paper describes the policies and issues involved in the long
history of a proposed rail link to Melbourne Airport. More...
In Practice and Courts
Commonwealth
Applications open for new Environment Protection
Authority Victoria Board
Applications open for new Environment Protection Authority Victoria
Board (01 November 2017).
More...
Cases - Victoria
Phillip Mannerheim Holdings v Nillumbik Shire Council
[2017] VSC 670
PLANNING AND ENVIRONMENT – appeal on question of law from
Victorian Civil and Administrative Tribunal – objection to
grant of planning permit – whether must contain positive
statement of opposition to grant of permit – whether that
opposition can be inferred without that statement –
importance of encouraging equal public participation in planning
decision-making processes and also ensuring compliance with minimum
formality requirements for making objections – statutory
interpretation – relevance of previous judicial decision when
interpreting new provisions enacted with knowledge of that decision
– statutory distinction between an 'objection' and
'submission' – whether document in question was one
or the other – whether VCAT erred in law in determining that
it was a valid objection - Planning and Environment Act
1987 (Vic) ss 57(1)–(2), Victorian Civil and
Administrative Tribunal Act 1998 (Vic) s 148(1).
Re RJ and RG Bakey Pty Ltd [2017] VSC
669
PROPERTY – Restrictive covenant – Covenant
restricting, among other things, the erection of more than one
dwelling on the land – Application to modify restrictions in
covenant pursuant to the Property Law Act 1958 (Vic)
– Proposed development involving subdivision and construction
of four new dwellings on the land – Whether precedent already
set by previous developments – Whether modification will not
substantially injure the persons entitled to the benefit –
Relevance of original purpose of covenant in argument for
modification – Whether restriction on the value of a house
erected on the land should be discharged – Application
partially refused.
Gurner 26-56 Queens Parade Pty Ltd v Yarra CC [2017] VCAT
1745
Section 79 of the Planning & Environment Act 1987;
Yarra Planning Scheme; Mixed Use Zone; Heritage Overlay; Design
& Development Overlay; Construction of 295 dwellings in a
ten-storey building; Construction of four three-storey townhouses;
Heritage; Built form.
Ho v Bishop (Building and Property) [2017] VCAT
1541
Leaking water from a balcony causing damage to apartment below.
Whether the owner of the upper apartment liable for damage caused
under s48, s128, or s129 of the Owners Corporations Act. Also,
whether liability attaches under s16 of the Water Act.
Consideration of whether the flow of water is 'not
reasonable' under ss1(b) and s20. Held that upper apartment
owner is not liable for damage caused by the flow of water.
Application dismissed.
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