what’s news in property, planning & environment?

latest news - victoria

3 November 2008 The owner of the Forest Resort at Creswick says he will continue to listen to the community as plans to expand the resort progress

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Water suppliers face big losses

28 October 2008 Losses of more than $20 million are expected from several Victorian water authorities this week, as pressure on the finances of the state's water sector continues to mount.

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4,000 megalitre boost to Bendigo's water supply

30 October 208 The $47 million Epsom-Spring Gully Water Recycling Project has been completed, supplying the city of Bendigo with an additional 4,000 ML. The recycled water will provide extra water for rural irrigation and for wateringurban venues such as sporting venues and parks.

(Minister for Climate Change and Water) (Coli ban Water)

Rail link will free up bottlenecks

3 November 2008 A 20-kilometrer rail link to remove bottlenecks between Geelong and Melbourne, and provide better public transport to the west, is set to be included in a looming Brumby Government transport plan. The new rail line is expected to be included in a government transport statement to be released in the first week of December.

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Scotch puts high price on sliver of land

30 October 2008 Elite private school Scotch College has rejected a $1 million offer from the State Government to acquire a narrow strip of land on its boundary, and will sue in the Supreme Court to get more money. VicRoads last year offered the school $1.06 million for the 2.75-metre wide strip, after Valuer-General Jack Dunham assessed the land.

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Government backflip on council conflict of interest legislation

28 October 2008 The Premier, John Brumby has admitted that the conflict of interest legislation relating to local councillors was ambiguous and needed to be changed

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Desal lines will hit land values

29 October 2008 Land values on Melbourne's south-eastern fringe could fall by tens of millions of dollars if overhead power lines are used to connect the Wonthaggi desalination plant to the electricity grid. The shire of Cardinia, which includes Pakenham and Tynong, would be among the worst hit, with up to $20 million worth of land affected.

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Govt to amend bill on council votes

28 October 2008 The Victorian Government will amend a bill that would have stopped councillors voting on matters they arepassionate about. It would mean councillors would only be barred from voting if they were involved in a civil action, a VCAT appeal, or objected to a planning permit.

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legislation - victoria

Legislative Instrument - F2008B00721 This Proclamation establishes the outer limit of Australia's exclusive economic zone. Date Registered: 30/10/2008

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Victoria

Regulations

Estate Agents (Education) Regulations 2008 (SR No 128 of 2008) (principal)

Acts

Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008 (Act No 59 of 2008)

cases - victoria

Land tax – exemption – construction of golf courses on land owned by golf club – whether land was “used for outdoor sporting purposes” during period of construction – Land Tax Act 1958 (Vic) s.9(1)(g)

Australian Property Custodian Holdings Pty Ltd vCommissioner of State Revenue [2008] VSC 429

Duties – appeal from Victorian Civil and Administrative Tribunal -transfer of dutiable property – dispute as to unencumbered value of dutiable property – whether Tribunal made errors of law by taking into account prospective lease between purchaser and vendor at above market rental – appeal allowed

East Melbourne Group Inc v Minister for Planning & Anor [2008] VSCA 217

Administrative law - Judicial review – Ministerial powers – Amendment to Melbourne Planning Scheme – Exemption from notification requirements – Whether Minister’s decision Wednesbury unreasonable – Public reasons for decision -Whether regard may be had to additional documents – Planning and Environment Act 1987 ss 17 , 1 8 , 1 9, 2 0(4)

latest news -new south wales

3 November 2008 Planning Minister, Kristina Keneally has released the annual Performance Monitoring Report on the NSW’s 152 councils and shires. The reports show that an overwhelming majority of development applications—some 97 per cent—were for works of less than $1 million in value and 59 percent of the development applications lodged this year were for new single dwellings or residential alterations and additions.

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New laws to depoliticise planning applications

6 November 2008 New planning laws in NSW aim to reduce the influence of political donations on development applications following the recent corruption scandal at Wollongong Council.

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$8 Billion Worth Of Projects Approved During 2007-08

5 November 2008 The NSW Government determined more than $8 billion worth of projects last year. Department Director-General Sam Haddad said the report shows that 296 projects were determined by the Minister or Department in 2007-08, with 159 of these being modifications of existing projects. Out of these 296 determinations, just over a quarter were new major project or concept plan applications assessed under Part 3A of the Environmental Planning and Assessment Act.

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articles/reports - new south wales

The establishment of an environmental crime sentencing database in New South Wales Author: Justice Brian J Preston and Donnelly, Hugh Source: Criminal Law Journal, Vol 32, No 4, August 2008: pp214 Developers Get Early Christmas Present at Expense of NSW Communities

5 November 2008 NSW communities are the big losers in changes announced by the Planning Minister that will see 90% of major development applications (DAs) in coastal and metropolitan areas decided by state governmentappointees. Local residents will have virtually no say in what is built in their neighbourhood, their suburb or their local area. The changes include establishing Joint Regional Planning Panels (JRPPs) with the balance of power held by state government appointees, including representatives from the development industry.

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Inner-west council slowest

3 November 2008 Ashfield has taken over the mantle from Mosman as the state's slowest council to process building development applications. Despite ongoing pressure from the Government for councils to cut turnaround times, there has been only modest improvement in recent years. The main reason for the slow processing is applicants not complying with local government planning requirements when lodging development plans.

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cases – new south wales

Nader v Sutherland Shire Council [2008] NSWCA 265

Local Government – Building Control- A council soughtand obtained a declaration from the Land and Environment Court that the appellants had carried out development on their land in breach of a development consent. The appellants were ordered to demolish and remove the unauthorised building work. They appealed against the demolition order. The judge applied the guidelines in Warringah Shire Council v Sedevcic (1987) 10 NSWLR

335. She correctly interpreted the consent and did not take inappropriate matters into account in forming her discretionary judgment. The appeal thus must be dismissed. Evidence – Privileged Material Correspondence was sought to be tendered some of which was marked "without prejudice". The reason for the tender was to show that demolition of the whole of unauthorised building work was not required in the public interest. It was argued that s 131(2)(g) of the Evidence Act1995 justified its admission. On the facts, exception in s 131(2)(g) not applicable.

Cakirgoz v Crouch [2008] NSWSC 1124

Leases – Abatement of rent – Whether circumstances existed entitling lessee to abate rent until lessor effected repairs to premises. Held: No abatement justified either under lease or under s 36 Retail Leases Act.

Byron Bay Retirement Villages Pty Ltd v Zandata Pty Ltd [2008] NSWSC 1123

Leases – Construction – Election – Forfeiture – Lessor continued to accept rent after knowledge of breaches – breaches conferred substantial benefit on lessor – lessor had ulterior motive in wishing to terminate. Held: Lessor elected to affirm lease relief against forfeiture would have been granted. Conveyancing Act 1919 (NSW) – s 129

Owners SP 30339 v Torada Pty Ltd & Anor [2008] NSWSC 1154

Tyagrah Holdings Pty Limited v Byron Bay Shire Council [2008] NSWLEC 1420

latest news - queensland

5 November 2008 The Queensland Opposition says backpacker hostels are still flouting fire safety rules, eight years after the Childers tragedy after investigators in Innisfail in far north Queensland recently found four backpacker hostels operating illegally, including one with 15 backpackers crammed into the one room. The Queensland Fire and Rescue Service (QFRS) says it is up to the public to "dobin" illegal backpacker hostels to ensure safety standards are maintained.

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Queensland Infrastructure 'affordable' despite surplus hole

6 November 2008 Despite the Opposition warning capital works will be first to suffer the impacts of yesterday’s surplus hit, the Queensland Government has no immediate plans to deviate from its current infrastructure commitments.

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Kenmore Bypass planning options released

4 November 2008 The Queensland Government has released planning options for a potential bypass designed to minimise the impacts on surrounding properties, particularly in terms of noise, property resumptions and visual amenity. Under the options developed in stage two, an estimated 85 properties could be required for full or partial resumption, subject to further detailed investigations.

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cases - queensland

Integrated Planning Act 1997 s4.1.52(2)(b), minor change where proposal for 56 townhouses in 28 buildings becomes one for 46 in 23

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Consolidated Properties Group Pty Ltd & Anor vBrisbane City Council & Ors [2008] QPEC 087

Integrated Planning Act 1997 s4.1.5A - deficiency in public notification period where 30 business days should have been allowed rather than 15 because of heritage building aspects excused

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Cavcorp Qld Pty Ltd v Brisbane City Council [2008] QPEC 088

Integrated Planning Act 1997 s 4.1.5A, s 4.1.33B Transport Infrastructure Act 1994 s 43 -Uniform Civil Procedure Rules r 69 - successful application by Chief Executive of the Department of Main Roads to be added as a respondent in an appeal against council's refusal of an application for advertising signage on land adjacent to Freeway - whether Council's inquiry of the Department was an application for approval based on Council's intending to approve, with the consequence that the Chief Executive, by failing to respond within 21 days was "taken to have given approval" - whether Chief Executive's role had come to an end

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practices notes/directions - queensland

legislation - queensland

Legislative Instrument - F2008B00721 This Proclamation establishes the outer limit of Australia's exclusive economic zone. Date Registered: 30/10/2008

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Queensland

Regulations

Integrated Planning Amendment Regulation (No. 5) 2008

SL No 358 of 2008 Land Sales Amendment Regulation (No. 2) 2008 SL No 361 of 2008

Water Resource (Moreton) Amendment Plan (No. 1) 2008

SL NO 362 of 2008

Bills

Acts

Current Reprints