In the media – National
A record high for renewables investment in
Australia
A report released today by the Clean Energy Regulator
(CER) detailing Australia's progress towards
its 2020 renewable energy target reveals record high investment in
renewables in 2016. Large-scale renewable energy investment was
five times greater than that of 2015 (03 May 2017).
More...
Seven hundred Green Star – Performance ratings and
counting
The Green Building Council of Australia (GBCA)
has surpassed 700 certifications and registrations under the Green
Star – Performance rating tool, as investors demand assurance
that their assets are well-managed (03 May 2017).
More...
Changes to Commercial Building Disclosure and Best
Practice Leasing Standard
The Property Council facilitated an exclusive briefing on the
incoming changes to the Commercial Building Disclosure scheme and
how to incorporate best practice leasing clauses for sustainable
outcomes. Presentations included an insight into 'green
leasing' and the work that is occurring in this space by the
Better Building Partnership (BBP) (27 May 2017).
More...
CSIRO report shows cheap renewables solution to gas
crisis
Renewable technology is the cleanest, cheapest and fastest
solution to Australia's energy price crisis, according to the
latest CSIRO report released today. The 'Electricity
Transformation Roadmap' finds that Australia can generate
electricity with zero carbon emissions by 2050 by embracing more
large-scale renewable technologies such as wind, solar and storage
(28 April 2017).
More...
Carbon price vital for emissions-free future, roadmap
shows
Australia could generate electricity with no carbon emissions by
2050, but a carbon price will be needed to achieve that, according
to the Electricity Network Transformation Roadmap released today
(28 April 2017).
More...
Why 3D modelling is the way forward for better planning
outcomes
Giving the community tools to better visualise development
proposals through 3D modelling of our cities is essential,
according to Planning Institute of Australia Queensland (27 April
2017).
More...
Property tax revenue continues to climb
Revenue from property taxes has boosted state and local government
bank accounts, with the latest Australian Bureau of Statistics data
showing governments nationally collected $49.567 billion or 51.9
per cent of their total taxation revenue from property. Stamp duty
on conveyances accounted for the largest overall proportion of
property tax revenue (05 May 2017).
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Performance Framework for Australia's major
cities
The Federal Government is building a National Cities Performance
Framework to measure improvements in Australia's largest
cities. The Performance Framework will link to the Australian Government's
National Map, using the powerful open data tool to provide new
insights into Australia's economic geography (26 April 2017).
More...
Further information on the National Cities
Performance Framework, Cities Reference Group and Smart Cities
Plan is available at the Smart Cities website.
More...
Property Council releases its 'Fixing Housing
Affordability Plan'
A proven scheme to help first home buyers bridge the deposit gap
and a suite of measures to address using supply are at the centre
of the Property Council's plan "Fixing Housing
Affordability". The plan details ten key areas of attack and
the essential next steps needed to tackle housing affordability (26
April 2017).
More...
Demand for property falls Australia-wide
The REA Group Property Demand Index dropped by 4.3 per cent
nationally in April, as APRA's cooling measures and major
banks' tightening of lending rules start to kick in (04 May
2017).
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In the media – Victoria
2017-18 draft Budget: growth, investment and
opportunity
Record investment in infrastructure and services underpins the
City of Melbourne's draft 2017-18 Annual Plan and Budget, led
by a $29 million investment in the Queen Victoria Market renewal
(04 May 2017).
More...
Simplifying House Prices for Buyers
New underquoting laws come into effect on 1 May that will make
house sale prices clearer and more transparent for would-be buyers.
The new laws include requirements for how estate agents estimate
and advertise selling prices, making sure prospective buyers are
given clear information about comparable and recent property sales
in the same area (29 April 2017).
More...
Gurner calls on Supreme Court to address VCAT's
Planning Proposal Rejection
Property development company Gurner have lodged papers with the
Supreme Court after a recent VCAT decision denied a planning permit
for the redevelopment of Johnston Street's The Spanish Club.
VCAT has issued its rejection of the permit on the grounds that in
its current location, the flue was in an unacceptable position for
the proposed development, and failed to meet EPA guidelines and is
also a non-conforming use within the current mixed use zoning (26
April 2017).
More...
In the media – New South Wales
More jobs and homes at Sydney Olympic
Park
Hundreds of jobs and homes will be part of the growing Sydney
Olympic Park following approval for new residential and business
development (05 May 2017).
More...
Construction begins on Circular Quay
terminus
The new terminus will connect light rail with trains, buses and
ferries at Circular Quay (04 May 2017).
More...
Federal Government has a great opportunity to make
Western Sydney Airport the game changer for Sydney
The announcement by the federal government that they will be
delivering the proposed Western Sydney Airport opens the
opportunity for this to be the game changer for Sydney says the
Urban Taskforce (02 May 2017).
More...
Second international airport for NSW
Construction has started on the upgrade of Newcastle Airport,
which will allow direct international flights for the first time
(01 May 2017).
More...
Compliance blitz to target Parramatta River building
sites
The NSW Environment Protection Authority (EPA), Department of
Planning and Environment, and local councils will join forces for a
soil and erosion control blitz at construction sites around
Parramatta River throughout May (01 May 2017). More...
81 hectares secured for a greener Western
Sydney
The NSW Government has purchased more than 81 hectares of
privately owned land in Western Sydney Parklands, securing its
future as open space (28 April 2017).
More...
Predicting the future through megatrends
Megatrends are the largest influences of change worldwide. They
are the major changes in environmental, social and economic
conditions which change the ways we live. The Department of
Planning and Environment considers the implications of some
megatrends when developing regional plans with the Hunter Regional
Plan outlined here (28 April 2017).
More...
NSW government delays Airbnb decision
After three public hearings, 212 submissions and a parliamentary
report the NSW government has announced it is not yet ready to make
a decision about how to regulate short-term holiday letting through
online booking services like Airbnb and Stayz (20 April 2017).
More...
(Govt statement) More...
In the media – Queensland
Boral appeal over $2b Gold Coast quarry
dismissed
The company behind a proposed $2 billion quarry on the Gold Coast
is considering its options after a Queensland court backed Gold
Coast City Council's decision to reject the quarry (04 May
2017).
More...
Published – articles, papers, reports
Building energy code toolkit
Meredydd Evans, L. Jin, Mark Halverson, Qing Tan, Sha Yu;
Pacific Northwest National Laboratory: 28 April 2017
This toolkit is designed as a first step in helping countries,
cities and experts in developing, adopting and implementing their
codes. In its present form, this toolkit is set out as a useful
reference, but also as a means of assessing the potential of such
information to help governments and other stakeholders.
More...
In practice and courts
Commonwealth
Changes to Commercial Building Disclosure and Best
Practice Leasing Standard
From 1 July 2017, the mandatory disclosure threshold on commercial
office buildings will be lowered from 2,000 square metres to 1,000
square metres. More information on the CBD Program can be found here,
and information on how building owners can improve the energy
efficiency of their building in preparation for a Building Energy
Efficiency Certificate can be found
here.
Making it easier to access hardcopy topographic maps
online
Due to customer demand, from June 2017, the Department of
Environment Land and Water (DELWP), is reinstating online
distribution of Vicmap Topographic Hardcopy Mapping (29 April
2017).
More...
Cases – Victoria
Portland Historic Building Restoration Committee Inc. v Glenelg
SC (Red Dot) [2017] VCAT 519
NATURE OF CASE Interpretation of VicSmart provisions and
application of the principles of Wednesbury unreasonableness.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE LAW –
issue of interpretation or application. Application of the
principles of Wednesbury unreasonableness – declaration under
section 149B of the Planning and Environment Act 1987 that
a decision in a VicSmart application to demolish a bluestone wall
was unlawful because it was made beyond power.
PLANNING SCHEME – interpretation or consideration of VPP
provision - Consideration and application of the VicSmart
provisions – interpretation of the meaning of fence in the
Heritage Overlay and the VicSmart provisions of the planning
scheme.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or
statutory provisions is required or desirable. Need to amend the
Heritage Overlay and the VicSmart provisions to exclude from these
provisions any items specified in the schedule to the Heritage
Overlay, not just identified in the schedule to the Heritage
Overlay.
Cases – New South Wales
Towers v Stolyar [2017] NSWSC
526
REAL PROPERTY – easements – validity – easement
confers rights of parking and garaging – easement confers
rights to keep structure erected and replace structure –
whether easement capable of being the subject matter of a grant
– whether easement deprives the servient owner of
proprietorship and possession – easement held to be valid
– declaratory relief granted.
Capolingua v Da Silva (No 2) [2017] NSWSC
527
CONVEYANCING – sales by court order or direction –
appointment of trustees for sale – contractual limitations
upon seeking appointment of trustees – where court previously
adjourned proceedings due to non-compliance with contractual
pre-conditions for sale – whether pre-conditions now
satisfied – trustees for sale appointed.
Huang v Zheng; Zheng v Huang [2017] NSWSC
471
EQUITY – trusts and trustees – where plaintiff
provided purchase moneys for property purchased in name of father
which was transferred to defendant upon father's death and
according to father's will – whether presumption of
resulting trust rebutted. REAL PROPERTY – Torrens title
– whether defendant's title is indefeasible –
whether dishonest repudiation of a prior interest amounts to fraud
for the purposes of s 42 of Real Property Act – whether
plaintiff's reliance on representations made by defendant that
defendant would recognise plaintiff as the true owner gives rise to
equitable estoppel – whether plaintiff's in personam
rights defeat defendant's title. EQUITY – general
principles – equitable doctrines – whether illegal
purpose precludes relief – where plaintiff purchased property
in father's name in order to obtain grants and stamp duty
exemption – whether scope and purpose of the First Home
Owner Grant Act 2000 (NSW) requires that plaintiff be denied
interest in the property. CONTRACT – whether money transfers
were a gift or a loan.
Mine Subsidence Board v Frank and Louisa Kozak
[2017] NSWSC 421
CIVIL – claim for possession – defendants' home
damaged by mining activity – plaintiff provides accommodation
to defendants with legitimate claim under statutory scheme for
compensation – decision to rebuild – whether plaintiff
motivated by financial gain – defendants dislocated and
disappointed – whether defendants acted to their detriment
– whether defendants assumed legal or equitable right to
remain in possession of property – whether act of plaintiff
caused such an assumption – whether plaintiff acted in good
faith – corruption – whether plaintiff acted
fraudulently or corruptly – relevance of ICAC findings
– alleged defects in property – lease – bare
licence – equitable estoppel – "licence coupled
with equity" – where no rent paid – where no
certain term of occupancy – where plaintiff paid for most
outgoings – "idiosyncratic notions of justice and
fairness" – no equitable or other legal interest
established.
Cases – Queensland
Moreton Bay Regional Council v Caseldan Pty Ltd [2017] QCA
072
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND –
PROCEEDINGS FOR COMPENSATION – QUEENSLAND – APPEAL TO
SUPREME COURT – where the applicant compulsorily acquired
land from the respondent "for recreation ground purposes"
– where the Land Court ordered the value of the resumed land
be assessed for compensation purposes at $1.8 million – where
the Land Appeal Court allowed the respondent's appeal and
determined the value of the resumed land to be $4.1 million –
where the applicant seeks reinstatement of the assessment ordered
by the Land Court of $1.8 million – whether the Land Appeal
Court erred in law in its determination – whether the
application for leave to appeal should be granted.
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL –
CONTROL OF PARTICULAR MATTERS – ROADS – where the
resumed land was surrounded by land owned by the applicant within a
Sports and Recreation Zone – where the applicant made a
material change of use application to itself in relation to this
land for development purposes – where the application
included the construction of an internal road which would provide
access to the resumed land – where the Land Appeal Court
found that the Land Court member erred in holding the concurrence
agency could not impose an access condition on the applicant's
development application under the Sustainable Planning Act
2009 ("SPA") – where the Land Appeal Court
adopted by analogy the decision in Intrapac Parkridge Pty Ltd v
Logan City Council ("Intrapac") – where the
applicant contends that the decision in Intrapac would suggest to a
prudent purchaser that the prospect of an access condition being
imposed on the applicant was "highly likely" –
where the applicant contends that the facts in Intrapac are
materially different to the current matter – where the
applicant contends that the Land Appeal Court thereby erred in
reaching a view of what a hypothetical purchaser would think
– whether the Land Appeal Court erred in adopting Intrapac by
analogy – whether the alleged error amounts to an error of
law.
ENVIRONMENT AND PLANNING – ENVIRONMENT AND PLANNING –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF CONSENT
AUTHORITY – GENERALLY – CONSIDERATION OF PLANNING
SCHEMES – where the resumed land was surrounded by land owned
by the applicant within a Sports and Recreation Zone – where
the applicant made a material change of use application to itself
in relation to this land for development purposes – where the
proposed use conflicted with the applicable planning scheme –
where s 326 SPA requires an assessment manager's decision not
to conflict with the applicable planning scheme unless there are
sufficient grounds to justify departure – where the applicant
contends the Land Appeal Court had regard to the zoning of land in
contemplating the application's prospect of success –
where the definition of "grounds" in Schedule 3 SPA does
not include the zoning of land – whether the Land Appeal
Court incorrectly interpreted the SPA provisions as allowing an
assessment manager to take zoning into account – whether the
Land Appeal Court erred in envisaging that a hypothetical purchaser
would have regard to zoning as an obstacle to obtaining approval
– whether the alleged errors amounted to errors of law.
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND –
COMPENSATION – OFFERS – where evidence of nine
unaccepted offers for the resumed land was adduced before the Land
Court member – where the Land Court member placed no weight
on the offers because five were conditional, three were not
regarded as genuine ("the Comiskey offers") and one was
aged ("the Flaskas offer") – where the Land Appeal
Court disagreed with the member's conclusion as to the
genuineness of the Comiskey offers – where the Land Appeal
Court did not adopt the evidence of either of the two valuers'
respective valuations – where the Land Appeal Court's
final valuation reflected the Comiskey offers, the Flaskas offer
and one of the conditional offers – whether the Land Appeal
Court adopted a valuation methodology based on the unaccepted
offers – whether the Land Appeal Court erred in having regard
to verbal offers – whether the Land Appeal Court erred in
having regard to conditional offers – whether the Land Appeal
Court erred in incorrectly characterising a conditional offer as an
unconditional offer – whether the incorrect characterisation
vitiated the valuation of the Land Appeal Court.
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.