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Inside track: Property & Real Estate

13 March 2019

#Property & Real Estate

Inside track: Property & Real Estate

In the media


Hayne report to hit home developers and commercial lending
The proposed changes to the residential mortgage commission structure will ultimately lead to the destruction of the mortgage broking industry, with about 20,000 small businesses to be adversely impacted by the changes (23 February 2019).  More...

New IEA web portal reveals gaps and solutions in buildings efficiency
The International Energy Agency (IEA) has created an important new web portal to make innovative technical and market information available to energy and construction professionals (26 February 2019).  More...

The industry is falling apart: New cladding alert pushes crisis into the suburbs
Thousands more properties could now be caught up in Australia's cladding crisis, as authorities issue an alert warning against the use of another nine types of the material, including cladding commonly used on single-storey suburban homes (21 February 2019).  More... 

Australian sprawl: Medium-density homes key to growing cities
Australia’s cities and suburbs continue to sprawl outwards, prompting warnings from planning scholars that our major cities are heading toward a future of “low liveability” (18 February 2019).  More...


Why Metro Tunnel won’t fix Melbourne congestion
Expensive road and rail projects serving the CBD will not solve Melbourne’s congestion problems, says a top planner (28 February 2019).  More...

Boutique developer adds $50m project to Melbourne Pipeline
Despite uncertainty in Melbourne’s residential market, Carlton-based developer Piccolo has revealed plans for its latest development, confident there is strong demand for premium quality projects  (27 February 2019).  More...

Hopley told to stop taking building waste
An alleged failure by recycler Hopley of White Hills, Bendigo, to meet the requirements of the Victorian Waste Management Policy (Combustible Recyclable and Waste Materials) has seen Environment Protection Authority Victoria (EPA) issue the company notices that require it to stop accepting combustible recycling materials (26 February 2019).  More... 

Corkman Pub developers hit with $1.3m fine for 'reprehensible' demolition
The developers charged over the illegal demolition of an 160-year-old Melbourne pub are fined $1.325 million after pleading guilty to breaching building and planning laws (20 February 2019).  More... 

Court orders environmental project after sewage spill affects creek
The Kyneton Magistrates’ Court has ordered Coliban Water to fund a $100,000 environmental project after a burst pipeline sent sewage flowing into Kyneton’s Post Office Creek, in July 2016 (19 February 2019).  More... 

Livin’ on the edge: How to plan a new suburb on Melbourne’s fringe
With the Victorian Government releasing 50,000 housing lots for 12 new suburbs on Melbourne’s urban fringe, how can we ensure new areas like these are liveable and thrive? (18 February 2019).  More...

Wind power projects threaten to cook rural energy network
Victoria's planned wind powerhouse stumbles, with the rural transmission network described as a "one-lane bush track" (17 February 2019).   More...


Boutique apartment developments key in Brisbane market
Despite conservative developer activity in the apartment market, property research consultancy Urbis says many Brisbane developers are buoyed by levels of sales absorption, low vacancy rates and Brisbane’s solid growth drivers (28 February 2019).   More...

First commercial building approved for Maroochydore’s new CBD
The first commercial development approved for the Sunshine Coast’s new cutting-edge central business district is a sign of the region’s “coming of age”, the project’s developer says (27 February 2019).  More...

Brisbane City Council ban on townhouses and apartments no way to tackle city’s biggest problem: Urban sprawl
Brisbane City Council is on a crusade to “protect the Brisbane backyard”. In those terms, the council’s bipartisan push to ban townhouses (26 February 2019).  More... 

Developer lodges application for Kangaroo Point tower
Brisbane-based developer Peter Yang has submitted a development application for 68 apartments in inner-city Kangaroo Point (26 February 2019).  More...

In practice and courts

ATS news
The migration of planning schemes into ATS continues to be rolled out by DELWP. By the end of February, 36 of the 82 Victorian planning schemes will have been migrated. The first metropolitan planning schemes are proposed to be migrated in April 2019. Once migrated, all new and current amendments must be drafted using ATS instead of MS Word. DELWP is providing training to key users from each planning authority before migration. More information on ATS authoring, a rollout plan and training videos can be accessed here (28 February 2019).

Have your say on the Northern Victoria Resource Plan
Following the completion of the Wimmera-Mallee Water Resource Plan, communities in Northern Victoria can now have their say on how Victoria intends to manage water from the basin for farming, irrigation and the environment. Submissions closed on 1 March 2019.  More...

City of Melbourne: Proposed lease
Notice is given pursuant to sections 190 and 223 of the Local Government Act 1989 (Act) that the Melbourne City Council (Council) proposes to enter into a lease with Fawkner Park Children’s Centre Co-operative Ltd over the child care centre at 65 Toorak Road West South Yarra for the purpose of a child care centre (Proposal). Submissions closed on Thursday 7 March 2019.  More...



Li Ali Pty Ltd v The Pine Kitchen Pty Ltd [2019] QCAT 34
LANDLORD AND TENANT – RENT – BREACH OF COVENANT TO PAY – ACTION TO RECOVER RENT OR DAMAGES – ACTION TO RECOVER RENT – Where delay in fit out and so tenant not trading – where rent not paid – whether delay the fault of landlord – whether arrears of rent recoverable – whether landlord entitled to security bond. 


Red Pepper Property Group Pty Ltd v S 3 Sth Melb Pty Ltd [2019] VSC 41
LANDLORD AND TENANT – Retail leases – landlord’s works provisions – whether provisions properly construed as ongoing repair obligation – construction of commercial contracts – Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 – Mount Bruce Mining v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 – whether repudiatory conduct on the part of the part of the landlord – whether tenant is entitled to accept such repudiatory conduct and terminate the lease – Progressive Mailing House Pty Ltd v Tabali Pty Ltd [1985] HCA 14; (1985) 157 CLR 17 – Wood Factory Pty Ltd v Kiritos Pty Ltd (1985) 2 NSWLR 105 – Koompahtoo Local Aboriginal Land Council v Sanpin Pty Ltd [2007] HCA 61; (2007) 233 CLR 115 – Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd [2015] VSC 515 – Retail Leases Act 2003 s 52.

Watts v Moreland CC [2019] VCAT 254
Section 79 of the Planning and Environment Act 1987 - Moreland Planning Scheme, Neighbourhood Residential Zone - a double storey dwelling at the rear of existing single storey dwelling on a corner lot - reduction in provision of car parking; design response to neighbourhood character. No permit.

Spinosa v Boroondara CC [2019] VCAT 249
Section 77 of the Planning and Environment Act 1987 - Boroondara Planning Scheme - Neighbourhood Residential Zone (Schedule 3) - two dwellings - repeat appeal - neighbourhood character - off-site amenity impacts - visual bulk, overshadowing, overlooking, impact on trees.

Petridis Architects v Greater Dandenong CC [2019] VCAT 117
Greater Dandenong Planning Scheme - section 77 of the Planning and Environment Act 1987 - proposal for four storey building comprising 10 dwellings - objections received and Council does not support proposal - tribunal hearing - key issues of whether or not the proposal would constitute a overdevelopment/poor neighbourhood character outcome, together with external amenity impacts on the western side neighbour - also debate about ‘internal amenity’ issues - permit approved.

Waters Excavation Pty Ltd v Mildura Rural CC [2019] VCAT 232
Section 77 of the Planning and Environment Act 1987 - application to review refusal to grant a planning permit - Mildura Planning Scheme - Public Use Zone - materials recycling – crushing waste concrete - dust and noise - respirable crystalline silica - compatibility with surrounding Farming Zone land uses considered.


Chris Lovell, Chairman
T: +61 3 9321 9832

Lou Farinotti, Senior Partner
T: +61 3 9321 9861

Chris Brodrick, Partner
T: +61 3 9321 9804

Lisa Cody, Partner
T: +61 3 9321 9872

Richard Skopal, Partner 
T: +61 3 9321 9866

Joseph Monaghan, Partner 
T: +61 3 9321 9857

Robina Kidd, Partner
T: +61 2 8083 0454

Vanya Lozzi, Partner
T: +61 2 8083 0462

Cameron Sheather, Partner
T: +61 2 8083 0461

Breellen Warry, Partner
T: +61 2 8083 0420

Ron Eames, Partner
T: +61 7 3135 0629

Katie Miller, Partner
T: +61 7 3135 0606

Peter Nugent, Partner
T: +61 7 3135 0632

Gerard Timbs, Partner
T: +61 7 3135 0644

John Wei, Partner
T: +61 7 3135 0688

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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