In the media – National
Home loan approvals jump 2.9% in July
Home loan approvals have shown a surprise lift in July, but the
continuing decline in investor loans has underlined the
effectiveness of recently introduced lending controls (08 September
2017).
More...
Flow's corporate PPA could unleash a tide of
renewable investment
Flow Power's recently inked renewable corporate power purchase
agreement with Ararat Wind Farm will give its large customers
access to energy for around half the price of grid drawn power, in
a move that could unleash a tide of similar agreements across the
country (07 September 2017).
More...
Build to rent can be a viable asset class: let's get
it right
Governments should not be hoodwinked by lobbying from individual
developer interests or their associations who have for a long-time
harboured a distaste for the rental class. Establishing a viable
BtR asset class needs an industry strategy that should be directed
to commitment to commencing upwards of 50,000 dwellings within five
years and a resolve to grow this to 200,000 dwellings within 15
years (07 September 2017).
More...
Macquarie leasing drives electric vehicle and energy
efficiency push with $100M in CEFC finance
Macquarie Leasing and the CEFC are behind a push to accelerate the
use of electric vehicles in Australia through a new $100 million
asset finance program (06 September 2017).
More...
Coal a major risk to our power supply: Energy Market
Operator
Australia's ageing coal fleet has been named one of the
nation's biggest risks to the electricity grid, according to
the Australian Energy Market Operator (AEMO). The
latest AEMO report shows Australia's reliance on ageing coal
and gas generators, along with any delay in rolling out renewables,
poses a significant risk to electricity supply during extended
heatwaves (05 September 2017).
More...
PCA: Property industry support for Housing Affordability
Package
The housing affordability measures before the Parliament are
sensible and prudent measures that will help ease Australians
entering the housing market. "The First Home Saver Super
Scheme is a non-inflationary measure that helps people bridge the
deposit gap. Importantly, it does not touch the baseline
superannuation contributed by members (07 September 2017).
More...
In the media – Victoria
The next wave: August's planning approval
bonanza
Continuing from yesterday's piece covering the boom in recent
approvals across greater Melbourne during July, August's
approvals and NOD's (04 September 2017).
More...
Sky's the limit for Queen Victoria Market
greenhouse
The City of Melbourne is inviting the best and brightest in
sustainability, technology, education and hospitality to submit
ideas for a greenhouse which will sit atop the new market pavilion
at Queen Victoria Market (04 September 2017).
More...
Real estate services supplied by Craig Alan McIntosh -
Public warning
The Director of Consumer Affairs Victoria has issued a public
warning under section 223 of the Australian Consumer Law (Victoria)
(ACL(Vic)) and section 228 of the
Australian Consumer Law and Fair Trading Act 2012,
regarding the conduct of Craig Alan McIntosh in the supply of real
estate services. While Mr McIntosh is eligible to be employed an
agent's representative, Business Licencing Authority
(BLA) records currently show he is not employed by
any real estate agency (31 August 2017).
More...
Published – articles, papers, reports
Apartment design guidelines for Victoria
Department of Environment, Land, Water and Planning (Vic): 30
August 2017
This guide has been released to assist applicants, architects,
building designers and planners when designing and assessing
apartment developments in Victoria.
More...
In practice and courts
Announcements, Draft Policies and Plans released 2017
Public Consultation on the Draft Master Plan for the
Priority Port of Gladstone
The draft master plan for the priority Port of Gladstone has been
prepared [gazette notice 28/08/2017]. The draft master plan for the
priority Port of Gladstone and further information about the draft
master plan for the priority Port of Gladstone can be obtained via
can be viewed here.
Submissions are open from 28 August 2017 to 9 October 2017.
SRO: New webinars on the vacant residential land
tax
Could the introduction of the vacant residential land
tax impact you or your clients? From 1 January 2018, homes in
inner and middle Melbourne left unoccupied for more than six months
of the calendar year may be subject to a tax of 1 per cent of their
capital improved value. Book a place in one of
our interactive webinars and use the online tool to determine
your liability (01 September 2017).
Approvals
Amendment VC139:
Introduces new planning requirements for racing dog keeping and
training facilities;
Introduces new guidelines for apartment developments;
Removes redundant references to the Guidelines for Higher
Density Residential Development (Department of Sustainability
and Environment, 2005), Design Guidelines for Higher Density
Residential Development (Department of Sustainability and
Environment, 2004), Safer Design Guidelines for Victoria
(Crime Prevention Victoria and Department of Sustainability and
Environment, 2005) and Activity Centre Design Guidelines
(Department of Sustainability and Environment, 2005) in the State
Planning Policy Framework (SPPF) and zones and
inserts references to the Urban Design Guidelines for
Victoria (Department of Environment, Land, Water and Planning,
2017) in the SPPF; and
Introduces a new State planning policy for healthy
neighbourhoods.
Associated new Planning Practice Note 83: Assessing external noise impacts for apartment This practice note gives guidance about the operation of Clause 55.07-6 (Noise impacts) and Clause 58.04-3 (Noise impacts) for apartment developments.
Cases - Victoria
Anderson v City of Stonnington [2017] VSCA
229
ROADS – Principles for determining whether land dedicated as
a public highway through long and continuous use by public –
Laneway adjacent to applicants' land – Presumption of
dedication arose – Presumption not rebutted by granting of
easement over laneway to applicants and owners of land on other
side of laneway. ROADS – Dedication of land as a public
highway – Statutory body – Principles for determining
whether statutory body has power to dedicate land as a public
highway – Whether dedication incompatible with statutory
objects of body or purposes for which land vested in it –
Whether dedication interfered with performance of body's
statutory responsibilities – E A Clark and Son Pty Ltd v
The Melbourne Harbor Trust Commissioners [1904] VicLawRp 68;
(1903) 29 VLR 467 considered.
ROADS – Para (ca) of definition of 'road' in
Local Government Act 1989 s 3(1) – Definition of
'public road' in Road Management Act 2004 s 17
– Whether registration of laneway on local council's
register of public roads sufficient to satisfy s 17(1)(e) of 2004
Act.
ROADS – Definition of 'road' in Local Government
Act 1989 s 3(1) – Inclusive definition – Whether
status of laneway as a public highway sufficient – Whether
laneway 'a right of way' under para (b) of definition.
PRACTICE AND PROCEDURE – Whether applicants should be
permitted to rely on a point not argued at trial.
The Secretary to the Department of Economic Development, Jobs,
Transport and Resources v Kin Lee [2017] VSC
504
PLANNING & ENVIRONMENT — Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
under s 148 of the Victorian Civil and Administrative Tribunal
Act 1998 (Vic) — Acquisition of residential units
— Land Acquisition and Compensation Act 1986 (Vic) s
36 — Two notices of acquisition gazetted – Whether the
notices require the units and the common property to be valued
separately — Construction of notices of acquisition —
Applying the 'technical meaning' of words — Whether
the Tribunal erroneously construed the notices — Owners
Corporation Act (Vic) ss 11, 14 — Subdivision Act
1988 (Vic) ss 27A, 31, 31A, 32 — Transfer of Land
Act 1958 (Vic) s 27 — Application for leave to appeal
granted and appeal allowed.
Cases - Queensland
Landorf v Wyndham [2017]
QSC 198
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING –
ENCROACHMENT OF BUILDINGS AND PARTY WALLS – POWER TO GRANT
RELIEF – application for relief in respect of encroachment
under s 184 Property Law Act 1974 (Qld) – where
applicant seeks orders for the removal of the encroachment –
where the encroachment is a block retaining wall and subterranean
drainage system on a residential block – whether the
encroachment is significant – where encroachment not
intentional and does not arise from negligence – what terms
of just order would require – whether relief should be
granted under s 185 Property Law Act 1974 (Qld) –
consideration of compensation under s 186 Law Act 1974 (Qld).
White v Moreton Bay Regional Council [2017]
QLC 51 (LGR167-17)
REAL PROPERTY – RATES AND CHARGES – rating of land
– categories of land – where no appropriate category
exists – where the subject property contains a main house and
a granny flat – whether the appropriate category is for two
flats on the land parcel – where it was decided that the
appropriate category is O1.
Harms v Ludwigs [2017]
QCAT 300
LANDLORD AND TENANT – RIGHTS AND LIABILITIES APART FROM
COVENANT – OTHER MATTERS – where parties entered into
lease for two year period – where lease contained provision
for only one pet, a spoodle dog, to reside at the premises –
where agent became aware of birds at the property – where
respondents did not comply with requests to remove the birds and
sought approval for birds to remain – where approval was not
given for birds to remain at the property and the respondents
subsequently terminated the lease – where applicant claimed
for rent owed, re-letting fees and cleaning costs – where
respondents counter-claimed for internet connection fees –
whether the parties proved the factual matters alleged in their
claims – whether the parties are entitled to recover the
monies claimed.
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.
