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Inside track: Property & Real Estate

13 February 2019

#Property & Real Estate

Inside track: Property & Real Estate

In the media

Commonwealth
PCA: Banking Royal Commission – don’t break the economy in fixing the banks
At this stage of the property cycle, and particularly set against the large drop in residential property values in our biggest cities, Australians will be looking for policy responses that deliver certainty and drive confidence for buying and investing in property which, for most Australians, is their biggest financial asset (01 February 2019).  More...

January kicks off weak start to housing market: Corelogic
Australia's weakening housing market continues to be led by its two largest cities Sydney and Melbourne, where values have fallen by at least 1 per cent on a monthly basis each month since November last year (01 February 2019).  More...

Murray-Darling Basin Royal Commission slams authority for 'maladministration'
The Murray-Darling Basin Royal Commission finds Commonwealth officials committed gross maladministration, negligence and unlawful actions in drawing up the multi-billion-dollar deal to save Australia's largest river system (31 January 2019).  More...

Why outer suburbs lack inner city’s ‘third places’: a partial defence of the hipster
The independent owner-operated businesses that bring life to run-down neighbourhoods often have a hipster ethos. One of the stark differences between neighbourhoods in the inner city and outer suburbs in Australia is the quality and type of retail offerings (31 January 2019).  More...

Creating a new project finance market for the war on waste
As more local governments around Australia seek new ways to treat food waste, councils in southeast Melbourne will meet the challenge of bulging landfill and increasing greenhouse emissions by composting household organic waste on an industrial scale (30 January 2019).  More...

New app and soaring demand for office hub
There’s a new app on the way that could shake up the office rental market and residential sales markets alike, but the soaring demand for office hub services probably signal things are not all good in corporate land (29 January 2019).  More...

Renewable geothermal heat pumps trialled at Blacktown greenfield estate
The Australian Renewable Energy Agency (ARENA) has today announced $500,000 in funding to Climate-KIC Australia to lead a three-year longitudinal study into the benefits of geothermal energy in the residential sector and greenfield estates (25 January 2019).  More...

Australia’s office vacancies hit record lows
Surging demand for prime office space and limited supply has seen the national vacancy drop to the lowest levels since 2012 (25 January 2019).  More...

Australia’s house prices dropped 6.5% in 2018: report
National house prices recorded the steepest annual fall in 15 years taking property prices back to mid-2016 levels, according to Domain's latest report (24 January 2019).  More...

Victoria

Corkman cowboys plead guilty to illegally knocking down Carlton pub
The developers who knocked down Carlton's Corkman Irish Pub plead guilty in Melbourne Magistrates Court to a range of offences for destroying the historic 159-year-old building in 2016 (29 January 2019).  More...

In practice and courts

Commonwealth

2019 Review of the Commercial Building Disclosure (CBD) program
The 2019 review's terms of reference outline the purpose and scope of the review. Commercial Building Disclosure (CBD) is a national program which requires sellers and lessors of large commercial office spaces to provide energy efficiency information to prospective buyers and tenants.

Announcements, Draft Policies and Plans released 2019

Victoria 

Consumer Victoria: Residential Tenancies Amendment (Long-term Tenancy Agreements) Act 2018 - Legislation update
From 1 February 2019, the Residential Tenancies Act 1997 will apply to all fixed-term residential tenancy agreements, regardless of length (01 February 2019).  More...

New South Wales

NSW: Combustible Cladding Registration due 22 February 2019
Under the new Regulations, owners of certain buildings with external combustible cladding are required to register their building with the NSW Government through the Cladding Registration portal, the deadline for registration is 22 February 2019. Owners of new buildings will be required to register their building within four months of the building first being occupied.  More...

Heritage grants
The NSW Office of Environment and Heritage (OEH) and the Heritage Council of NSW are offering $6 million in grants over two years (2019-2021) to enable heritage owners and custodians, councils and communities to protect and care for their heritage. Grants are available in three, broad categories: Aboriginal cultural heritage, community heritage and Caring for state heritage. To find out more and apply visit the OEH website. Applications have now closed.

Cases

Victoria

Fivex Pty Ltd v Melbourne CC (Red Dot) [2019] VCAT 138
NATURE OF CASE Characterisation of signs; expiry of permit for signs; role of estoppel in planning cases
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LEGISLATION – interpretation or application of statutory provision - Operation of section 68 Planning and Environment Act 1987, clause 52.05-4 of the planning scheme and expiry condition in a permit – Consideration of the ways in which a permit can expire under the Planning and Environment Act 1987, the planning scheme and conditions in a permit
PLANNING SCHEME – interpretation or consideration of VPP provision - Consideration of definitions of major promotion sign and business identification sign in clause 73.02 – Operation of expiry date provisions in clauses 52.05-4 and 52.05-9.

Beaton v Department of Environment, Land, Water and Planning (Review and Regulation) [2019] VCAT 137
Review and Regulation List – Wildlife – Applicant licensed to keep dingoes – review of decision to cancel licence – dingoes escaped from enclosure on multiple occasions – dingo killed pet dog – matters of discretion to cancel licence – Wildlife Act 1975 s.25B, 25D and 86C, Wildlife Regulations 2013, Regulation 57(2)(b) and (g).

Murphy v Greater Bendigo CC [2019] VCAT 132
Section 77 of the Planning and Environment Act 1987. Greater Bendigo Planning Scheme. Heritage Overlay. Repeat appeal. Appropriateness of demolition of existing building. Appropriateness of new buildings and works.

Queensland

Swan v Santos GLNG Pty Ltd & Ors [2019] QCA 6
PLANNING AND ENVIRONMENT – ENVIRONMENTAL LAW – where part of the respondent’s [Santos’] gas pipeline was built on the applicant’s properties – where Environmental Authorities were granted to Santos – where the applicant filed an originating application applying for declarations under s 505 of the Environmental Protection Act 1994 (Qld) that Santos was in breach of various conditions of the Environmental Authorities – where the applicant sought the appointment of an independent expert to report to the court on the extent of the breaches and the rehabilitations required – where the primary judge found that the orders sought at trial were beyond power – where Santos’ expert believed that all recommended rehabilitation had been undertaken except those obligations that required ongoing maintenance – where Santos undertook to continue that ongoing maintenance
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – COSTS – GENERALLY – where the applicant was wholly unsuccessful in the proceeding below – where the primary judge ordered the applicant to pay the respondents’ costs of the proceedings on the standard basis or as agreed – where s 457(1) of the Sustainable Planning Act 2009 (Qld) provides that the costs of the proceeding are in the discretion of the Planning and Environment Court – where it was accepted that the general rule that costs follow the event did not apply and instead the non-exhaustive list of considerations in s 457(2) should be considered – where the primary judge observed that the court never ruled against the no case submission – where the court did in fact rule against the no case submission – where the primary judge considered the factor in s 457(2)(d) of whether a party commenced or participated in the proceeding without reasonable prospects of success in light of this error – whether the primary judge erred in ordering the applicant to pay the respondents’ costs of the proceeding on the standard basis.

Jenkinson v Tablelands Regional Council [2018] QPEC 69
PLANNING AND ENVIRONMENT – application to extend a lapsed development approval – where the development permit lapsed pursuant to s 341 of the Sustainable Planning Act 2016 (Qld) – whether the non-compliance ought be excused and orders made to review and extend the development permit.

Contacts:

Melbourne
Chris Lovell, Chairman
T: +61 3 9321 9832
E: chris.lovell@holdingredlich.com

Lou Farinotti, Senior Partner
T: +61 3 9321 9861
E: lou.farinotti@holdingredlich.com

Chris Brodrick, Partner
T: +61 3 9321 9804
E: christopher.brodrick@holdingredlich.com

Lisa Cody, Partner
T: +61 3 9321 9872
E: lisa.cody@holdingredlich.com

Richard Skopal, Partner 
T: +61 3 9321 9866
E: richard.skopal@holdingredlich.com

Joseph Monaghan, Partner 
T: +61 3 9321 9857
E: joseph.monaghan@holdingredlich.com

Sydney
Robina Kidd, Partner
T: +61 2 8083 0454
E: robina.kidd@holdingredlich.com

Vanya Lozzi, Partner
T: +61 2 8083 0462
E: vanya.lozzi@holdingredlich.com

Cameron Sheather, Partner
T: +61 2 8083 0461
E: cameron.sheather@holdingredlich.com

Breellen Warry, Partner
T: +61 2 8083 0420
E: breellen.warry@holdingredlich.com

Brisbane
Ron Eames, Partner
T: +61 7 3135 0629
E: ron.eames@holdingredlich.com

Katie Miller, Partner
T: +61 7 3135 0606
E: katie.miller@holdingredlich.com

Peter Nugent, Partner
T: +61 7 3135 0632
E: peter.nugent@holdingredlich.com

Gerard Timbs, Partner
T: +61 7 3135 0644
E: gerard.timbs@holdingredlich.com

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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