Property & Projects 07 March 2012

What's News - 7 March 2012

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Latest news – National

National Airports Safeguarding Framework
The draft Framework is being developed with the aim of improving community amenity by minimising aircraft noise-sensitive developments near airports and improving safety outcomes by ensuring aviation requirements are recognised in land use planning decisions (22 February 2012) More...

Manage globe better for sustainability
The President's summary reflected the views of ministers and delegates responsible for the environment on the issue of International Environmental Governance (IEG) as part of the broader challenge of reforming the Institutional Framework for Sustainable Development (23 February 2012)  More...

Targeted Water Purchase Initiative in Southern Murray-Darling Basin
A new, strategic water purchase initiative will be conducted by the Gillard Government in the southern connected system of the Murray Darling Basin from 27 February, 2012.  This new initiative will involve seeking expressions of interest for water purchase in the southern connected system focusing on acquiring entitlements held outside of shared irrigation delivery networks, and some strategic purchases from within irrigation networks (23 February 2012)  More...

Aluminium industry claims energy target worse than tax
The aluminium industry will ask the federal government for greater relief from its renewable energy laws, warning that over the next few years the laws will have a greater impact than the carbon tax on smelters confronting falling metal prices and a surging dollar (22 February 2012)  More...

Solar Flagships: Government Monitoring Actions of Retailers
As four consortia prepare to lodge their updated bids for the re-opened solar PV part of the struggling Solar Flagships program, the Department of Energy has revealed that it is keeping a watching brief on the behaviour of the big three energy retailers (20 February 2012)  More...

Flood engineers claim major cities at risk of flooding
Flood engineers say the huge floods that devastated Brisbane last year could also happen on a similar scale in Melbourne, Perth, Adelaide, the Gold Coast and Newcastle. They argue that with Australia's three levels of government, flood planning around the country is patchy at best, allowing for houses to be built where they should not (17 February 2012)  More...

Manufacturing to benefit with Clean Technology Investment Programs Funding
The Gillard Government has launched $1 billion in funding for manufacturers to improve energy efficiency and reduce pollution. The Clean Technology Investment Programs will provide grants to help manufacturers buy new plant and equipment which cuts their energy costs or reduces carbon pollution (16 February 2012)  More...

Review indicates Australia's Mineral Exploration Vibrant
The Australian Mineral Exploration Review 2011 compiled by Geoscience Australia confirms spending on mineral exploration in Australia continues at high levels with almost $3 billion invested during 2010/11 (17 February 2012)  More...

Latest news – Victoria

$2.19 million for Wangaratta wastewater project
The Victorian Coalition Government today announced support for a substantial investment by Bruck Textiles in an innovative wastewater management system at the company's textile plant in Wangaratta (24 February 2012) $2.19 million for Wangaratta wastewater project

Reliable water supply from East Loddon Pipeline
Water Minister Peter Walsh today launched a pipeline providing reliable water supply for 105 land owners and 65 rural houses covering an area the size of 37,000 hectares (24 February 2012)  Reliable water supply from East Loddon Pipeline

Recycling plant to improve Victorian surf coast water security
Construction has commenced on the $42 million Black Rock Recycled Water Plant, which will significantly improve the Victorian surf coast growth corridor long-term water security. Parliamentary Secretary for Sustainability and Urban Water said the new infrastructure would recycle and treat water that would otherwise be discharged into Bass Strait (23 February 2012)  More...

$2.2m in new funding Mildura airport redevelopment
The multi-million dollar terminal upgrade at Mildura Airport will now proceed following the announcement of an additional $2.2 million in funding from the Victorian Coalition Government additional money for the Mildura Airport redevelopment was from the Coalition Government's  Regional Growth Fund (23 February 2012)  Ryan announces $2.2m in new funding Mildura airport redevelopment

Talks underway to ban outdoor smoking
The State Government says it will consult widely before considering a state-wide ban on smoking in outdoor areas.  Several local councils are considering a ban on smoking in outdoor dining areas and the Municipal Association (MAV) is calling for a state-wide ban (21 February 2012)  More...

Wind farm rules may lead to higher power prices
The new rules give owners the power to veto turbines within two kilometres of their homes, with an economist  warning the Victorian Government's restrictive wind farm planning guidelines could increase electricity bills by up to $2 billion over the next decade (17 February 2012)  More...

Retail lease disputes : the Victorian Small Business Commissioner
The body charged with mediating disputes on retail leases in Victoria says "financial tightness" among landlords and tenants is likely driving a surge in conflicts. The state's Small Business Commissioner Geoff Browne says the number of complaints about retail leasing conflicts soared to 611 in the six months to December last year, from 501 the previous corresponding period (16 February 2012)  More...

Record planning permit activity in Victoria
Planning and development activity continues to boost Victoria's economy with a record number of permit decisions valued at $23.2 billion in 2010-11, representing an increase of 29.4 per cent on the previous year (17 February 2012)  Record planning permit activity in Victoria

Government secures power supply for Melbourne’s inner-east and CBD
The Victorian Coalition Government has acted to ensure the security of electricity supply to the inner-east and Melbourne Central Business District (CBD) by approving the upgrade of the Brunswick Terminal Station (15 February 2012)  Coalition Government secures power supply for Melbourne’s inner-east and CBD

$1 million VCAT blitz to reduce planning delays
The Victorian Coalition Government has committed $1 million to tackle the backlog of planning cases before the Victorian Civil and Administrative Tribunal (VCAT) (15 February 2012)  $1 million VCAT blitz to reduce planning delays

State call for board, council and committee members
The Planning Minister has announced various board and statutory positions with the Heritage Council of Victoria, Growth Areas Authority and the building and plumbing industry (15 February 2012)  Call for board, council and committee members

Latest news – New South Wales

Green facelift for Surrey Hills, Redfern
The City of Sydney will give three major streets in the heart of Surry Hills and East Redfern a new lease of life following a clean, green makeover (23 February 2012)  More...

New chair appointed for NSW mine safety council
The NSW Mine Safety Advisory Council (MSAC) has appointed John Hannaford as its new chairman (23 February 2012)  More...

NSW Government must commit to a plan for Sydney’s growth urgently
The NSW Government must commit to a plan for Sydney’s growth urgently, according to the Urban Taskforce (16 February 2012)  More...

Latest news – Queensland

Targeted Water Purchase Initiative in Southern Murray-Darling Basin
A new, strategic water purchase initiative will be conducted by the Gillard Government in the southern connected system of the Murray Darling Basin from 27 February, 2012.  This new initiative will involve seeking expressions of interest for water purchase in the southern connected system focusing on acquiring entitlements held outside of shared irrigation delivery networks, and some strategic purchases from within irrigation networks (23 February 2012)  More...

Flood engineers claim major cities at risk of flooding
Flood engineers say the huge floods that devastated Brisbane last year could also happen on a similar scale in Melbourne, Perth, Adelaide, the Gold Coast and Newcastle. They argue that with Australia's three levels of government, flood planning around the country is patchy at best, allowing for houses to be built where they should not (17 February 2012)  More...

Office markets outside the capital city CBDs reviewed
Southeast Queensland in particular benefits from two drivers, with Brisbane being the Queensland headquarters for many resource companies (and the hub for many of the teams working on large infrastructure and mining projects) and Queensland's population growth, is showing signs of resurgence after a few soft years (18 February 2012)  More...

New measures to protect Queensland water quality
New measures to monitor the health of Queensland's waterways have been put in place in the wake of severe flooding throughout the state according to the Queensland Government. The Fitzroy Partnership for River Health was a new way for governments, industry, community and research organisations to share information about the health of waterways and improve water quality in the region (17 February 2012)  More...

Queensland Renewable Energy Plan 2012 released
The state government has released the Queensland Renewable Energy Plan (QREP) 2012, which aims to boost the state in terms of renewable energy investment, projects and industry growth.  The plan's agenda is to speed up project deployment of renewable energy infrastructure; to promote ‘smart industry’, jobs and investment through regulatory reform, innovation, industry and skills development and renewable energy zones; and developing partnerships for technology research (14 February 2012) More...

Anna Bligh unveils South Bank 2 expansion blueprint
Queensland Premier Anna Bligh announces plans to extend South Bank over a 15 to 20-year period, with South Bank 2", a new 27ha parkland on the bend of the Brisbane river that adjoins the existing cultural precinct. The Premier says that the Government expects existing industry in the area to relocate to more suitable sites (13 February 2012)  More...

Articles – National

CSG economic modelling: on the alleged benefits of the Santos coal seam gas project in North West NSW
Author: David Richardson,The Australia Institute
The alleged benefits to NSW communities from Santos’ plans to develop coal seam gas reserves in the north west of the state should be questioned in the light of inconsistencies and flaws in the economic modelling used to support the project, argues this paper (14 February 2012)  More...

Resident third party objections and appeals against planning applications: implications for higher density and social housing
Author: Nicole Cook, and others; Australian Housing and Urban Research Institute

This positioning paper examines two models of public engagement in planning approval processes to see how they impact on housing supply, resident perceptions, and realisation of planning goals (16 February 2012)  No. 145: Resident third party objections and appeals against planning applications: implications for higher density and social housing

Articles – Victoria

Planning Permit Activity in Victoria 20010/11
Author: Municipal Association of Victoria and the Department of Planning and Community Development
The report provides a formal point-in-time status of permit activity in Victoria. The data is used in important reviews undertaken by government, including the Planning and Environment Act review, housing analysis and strategic planning programs (February 2012)  More...

Fourth annual review: the health of Port Phillip Bay
Author:  Office of the Environmental Monitor (OEM)
annual report  compiled using information from Victorian Government agencies, including The Department of Sustainability and Environment (DSE); The Department of Primary Industries; The Environment Protection Agency. Reporting period: 1 January to 31 December 2011 (February 2012)  More...

Practice notes/directions – National

National Airports Safeguarding Framework
The draft National Airports Safeguarding Framework has been released for public comment to guide land use planning reform around Australian airports. Comments close on 15 March 2012 (22 February 2012)  More...

NABERS assessor training series opens for registrations
The 2012 NABERS training series for people to become accredited assessors or simply better understand how the NABERS rating tools work are now open for registration. Visit www.nabers.com.auor email This e-mail address is being protected from spambots. You need JavaScript enabled to view it to register for any of these courses

National energy efficiency programs
A package of energy efficiency programs designed to make it easier for all Australians to access assistance and support in the transition to a low carbon future. The programs announced include the: Community Energy Efficiency Program ; Low Income Energy Efficiency Program  and Energy Efficiency Information Grants program  (16 February 2012)

Commonwealth Public Submissions open for comment

Draft energy white paper 2011 - strengthening the foundation for Australia's energy future - public consultation

Submissions close 16 March 2012 Hosted by the Department of Resources, Energy and Tourism

Reforming flood insurance: a proposal to improve availability and transparency - consultation paper

Submissions close 30 March 2012 Hosted by the Treasury

Practice notes/directions – New South Wales

New exit fee calculations for retirement village contracts to start 1 March 2012
For all retirement village contracts entered on or after 1 March 2012, the exit fee will be calculated daily. The new laws will also apply to existing retirement village contracts that do not specify another basis for calculation. A new Retirement Villages Form 1 will apply from 1 March 2012, available online together with more information regarding the new laws  More...

Practice notes/directions – Queensland

Notice of Adoption of Amendments to the Brisbane City Plan 2000 Pursuant to Stage 3 of Part 2 of the Statutory Guideline 01/12  - Deagon Racecourse in the Heritage Register
Council adopted amendments to the Brisbane City Plan 2000 to include the Deagon Racecourse in the Heritage Register Planning Scheme Policy as the Deagon Racecourse has been identified as having cultural heritage value, but is not listed in the Planning Scheme Policy
The amendments can be viewed online at:  More...

Legislation – Victoria

Commonwealth

Environment Protection and Biodiversity Conservation Act 1999 - Instrument to remove a Commonwealth Heritage place and its Commonwealth heritage values from the Commonwealth Heritage List (07/02/2012)
This instrument removes a Commonwealth Heritage place and its values (as identified) from the Commonwealth Heritage List.  Administered by: Sustainability, Environment, Water, Population and Communities (16 February 2012)  More...

Environment and heritage legislation amendment act (no. 1) 2006
Act No. 165, 2006 Commencement: 19/2/2012 (Part)

Cases – Victoria

Mercieca & Anor v SPI Electricity Pty Ltd & Ors (No 3) [2012] VSC 6
PRACTICE AND PROCEDURE – adjournment of trial – delay in compliance with trial preparation directions - whether prejudice to plaintiffs – application turns on discretionary considerations - Civil Procedure Act 2010 (Vic) ss 8, 9 – Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 49.03.  These two proceedings arise out of the Beechworth fire on black Saturday  More...

Mills Oakley Lawyers Pty Ltd v Huon Property Holdings Pty Ltd & Ors [2012] VSC 39
PROFESSIONAL NEGLIGENCE – Solicitor – Commercial transaction – Failure by solicitors to warn client of material risks inherent in structure of transaction – Failure exposed client to proceedings by third party and consequent damage – Failure caused client to lose opportunity to re-structure the transaction to avoid third party proceeding and consequent loss – Whether lost opportunity had some value – Held: opportunity of negligible value only – Nominal damages awarded More...

Elite Homes Construction Pty Ltd v Melton SC [2012] VCAT 154
Does the floor area of the dwellings in permit application No. PA2010/2567/1 comply with the requirement of a restrictive covenant registered on title to the subject land (Instrument No. AB881861W, 17 February 2003) – minimum floor area  More...

Sharp v Glen Eira CC [2012] VCAT 147
Section 77 of the Planning & Environment Act 1987; Glen Eira Planning Scheme; Special Building Overlay; Housing diversity area; mixed use development; streetscape presentation; building bulk; car parking – no permit  More...

Turner v Baw Baw SC [2012] VCAT 141
Section 81(1)(a) of the Planning & Environment Act 1987; Baw Baw Planning Scheme; Business 1 Zone; Heritage Overlay; Development Contributions Plan Overlay Schedule 1; Permit to use and develop a supermarket, specialty shops, restricted retail and offices; Application of Kantor principles  More...

Simpson v Ballarat CC (includes Summary) (Red Dot) [2012] VCAT 133
Definition of potable water supply catchment within the Guidelines: Planning permit applications in open, potable water supply catchment areas (May 2009)
POLICY – interpretation or application of policy
Guidelines: Planning permit applications in open, potable water supply catchment areas (May 2009 – interpretation of Ministerial Guidelines – principles of interpretation that apply  More...

Nates Adams & Associates Pty Ltd v Bayside CC [2012] VCAT 129
Section 77 of the Planning & Environment Act 1987; Bayside Planning Scheme; Residential 1 zone; clause 55; two double storey dwellings; neighbourhood character; impact on amenity; visual bulk; overlooking  More...

Hodgson & Ors v Casey CC [2012] VCAT 176
Application under Section 82 of the Planning and Environment Act 1987 (the Act) to review a decision to grant a permit. Residential 1 Zone. Clause 56 Residential Subdivision. Subdivision (3 lots). State and Local Planning Policy Framework. Zone Purposes. Neighbourhood character. Back yard amenity Car parking, Traffic  More...

D'Rozario v Greater Dandenong CC [2012] VCAT 173
Section 77 of the Planning & Environment Act 1987; Greater Dandenong Planning Scheme; Cultural Heritage Management Plan, Significant Ground Disturbance, Aboriginal Heritage Regulations 2007, Aboriginal Heritage Act 2006  More...

Connect Management Pty Ltd v Boroondara CC [2012] VCAT 175
Section 77 of the Planning & Environment Act 1987; Boroondara Planning Scheme; Business 2 zone and Residential 1 zone; Environmental Audit Overlay; Guidelines for Higher Density Residential Development; Policy; context; Neighbourhood character; building height; bulk; interface; traffic; parking; overlooking  More...

Taylors Two Two Seven v Moreland CC [2012] VCAT 177
Section 79 of the Planning and Environment Act 1987; Moreland Planning Scheme; Mixed Use zone; Brunswick Major Activity Centre Structure Plan; Sixty-five three storey dwellings; Urban design; Casual surveillance; Opportunities for social interaction; Shared access road; Pedestrian safety; Solar orientation of dwellings; Accessible housing  More...

Cornetta Partners v Boroondara CC [2012] VCAT 158
Application under Section 77 of the Planning and Environment Act 1987 (the Act) to review a decision to refuse a permit. Residential 1 Zone. Clause 55 Two or more dwellings on a lot and residential buildings. Dwellings (11 dwellings in a three storey building above basement car park). Corner Site (Area 836.2 square metres hectares). State and Local Planning Policy Framework. Zone Purposes. Neighbourhood character. Streetscape. Back yard amenity. Landscape. Density. Building envelope. Private open space. Energy efficiency. Overshadowing. Daylighting. Privacy. Car parking, Traffic  More...

Cases – Queensland

S.H.I.F.T. Whitsunday Pty Ltd v McLean Cooke Pty Ltd [2012] QCAT 038
Challenge to the validity of a Valuation made by a Specialist Retail Valuer  More... 

Contact details

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Sydney

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Brisbane

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Disclaimer
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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