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Inside track: Property & Real Estate

19 April 2021

#Property, Planning & Development

Inside track: Property & Real Estate

In the media

Commonwealth

How current housing value highs stack up
Low mortgage rates, a swift economic recovery—which has spurred consumer sentiment—and low listing volumes have catapulted national housing values to record highs (09 April 2021).  More...

'A perfect storm': New home builders 'frustrated' amid trades shortage and supply chain delays
Australia's building sector bears the brunt of a "perfect storm" of events, with near-record new home approvals straining supply chains and sparking construction delays (07 April 2021).  More...

Rates remain on hold but tighter credit conditions loom
With the cash rate likely to remain on hold for an extended period of time, attention is more focused on other elements of the RBA’s monetary policy settings and their perspective on the economy, including housing market conditions (06 April 2021).  More...

$1.3B initiative backs recycling and clean energy
The Morrison Government is helping maximise opportunities for Australia’s manufacturers while also driving down emissions and protecting the environment, with funding now available for Recycling and Clean Energy projects under the $1.3 billion Modern Manufacturing Initiative (07 April 2021).  More...

Reserve Bank policy underscores strong economic recovery
Australia’s central bank will maintain low interest rates to support the country’s ongoing economic recovery and surging housing market, buoyed by its busiest Easter auction market on record (06 April 2021).  More...

New Playbook reveals steps to CBD revival
The Property Council of Australia and EY have launched a new “global playbook” for CBD revival. The report calls on governments, employers, and property owners to work together to improve the vibrancy of the CBD by instituting policies such as free public transport and parking, expanding green space in CBDs, and activating precincts to create ‘central experience districts’ (31 March 2021).  More...

More green & honey trap events will entice people back to the cities, Property Council says
The Property Council of Australia wants to lure people back to struggling CBDs with an injection of green, as well as events. In a new report compiled by EY Sweeney, the industry body for the property sector has suggested green rooftops, pocket parks and dog-friendly zones to attract workers and visitors back into the city centre (01 April 2021).  More...

Identifying ways rooftop solar and DER assets can further assist the electricity network
On behalf of the Australian Government, the ARENA has announced $981,000 in funding to the UNSW to develop a number of tools to better understand the behaviour of rooftop solar and distributed energy resources ( 01 April 2021).  More...

What does sustainability look like in the workplace?
To make our workplaces genuinely sustainable, there need to be some significant changes in behaviours and the structures where we work (31 March 2021).  More...

David Harrison elected new Property Council President
Charter Hall Managing Director and Group CEO, David Harrison, has been elected as the new National President of the Property Council of Australia (30 March 2021).  More...

CBD occupancy key to economic momentum
The Property Council of Australia’s latest office occupancy survey has revealed that more workers returned to CBDs in March with Melbourne, Sydney and Perth increasing their occupancy levels over the last month (30 March 2021).  More...

Surging house prices, mortgage debt no cause for 'immediate alarm', says bank regulator
The financial system regulator has reminded Australians that it does not have a mandate to target house prices, or housing affordability. Instead, it said it is focused on the stability of the financial system, and house prices are simply a "risk factor" (30 March 2021).  More...

REIA Welcomes a return to normality as rental moratoriums in most major states end
Real Estate Institute of Australia has welcomed the return to normality with the end of rental eviction moratoriums but with this has urged landlords and tenants to keep the lines of communication open (29 March 2021).  More...

REIA: Rapid growth in housing finance approvals slowing down
The February 2021 Lending to Households and Business figures released by the Australian Bureau of Statistics show that the value of new loan commitments for housing fell after eight consecutive months of growth (01 April 2021).  More...

REIA: Australian housing prices soar by 500 per cent over past 25 years
Australian housing prices have soared by more than 500 per cent over the past 25 years but while capital values have grown, yields have fallen to all-time lows (31 March 2021).  More...

Victoria

New Queen Victoria Market facilities to create 400 jobs
New trader and customer facilities and a revitalised Food Hall at Queen Victoria Market will create up to 400 construction jobs as part of a nearly $40 million investment in delivering the next stage of the market’s revitalisation. Construction of the Food Hall, Trader Shed and Northern Shed is expected to get underway in early 2022, subject to approvals (08 April 2021).  More...

Qualitas, Gurner back Newmark’s $1.4bn Jam Factory vision
Melbourne’s famous South Yarra Jam Factory will be redeveloped under a new partnership between Newmark Capital, Gurner and Qualitas (30 March 2021).  More...

NSW

Land values around Sydney’s new airport soared dramatically ahead of rezonings
The first study of its kind by the state’s valuer general found that property values rose years ahead of rezonings, some by almost 250 per cent (07 April 2021).  More...

Feedback sought on proposed changes to development rules
The NSW Government has released a discussion paper on proposed amendments to clause 4.6 of the Standard Instrument - Principal Local Environmental Plan which sets the test for varying development standards when making a development application (31 March 2021).  More...

Queensland

Two Brisbane skyscrapers merged together, saved from demolition
In an Australian first, two former government buildings, Forestry House and Health House, have been consolidated into one tower and the 13-metre gap between them filled. (09 April 2021).  More...

Catholic Church unveils Brisbane office block plan
Plans for an eight-storey commercial building neighbouring one of Brisbane’s oldest churches have been lodged with the Brisbane City Council (30 March 2021).  More...

Brisbane City Council to face court fight over Boggo Road Gaol plans
Brisbane City Council will face an appeal of its decision to approve a controversial development slated for the site of the heritage-listed Boggo Road Gaol precinct (08 April 2021).  More...

Descon, Polites plan luxury $95m Gold Coast tower
Development plans are in place for a 32-storey project at the Gold Coast's Main Beach—and its luxury apartments will be priced from $2.2 million (06 April 2021).  More...

Developers for $2b Eagle Street Pier towers hit back at opposition
Lawyers for the company behind a $2.1 billion transformation of Brisbane’s Eagle Street Pier have hit back at a court appeal of its approval, citing a lack of foundation and detail to the claim (06 April 2021).  More...

Third hotel pitched for Roma Street block amid CBD revitalisation
A key Brisbane CBD block could house a third hotel after plans for a 26-storey luxury development were lodged with the city council in March. Close to a future Cross River Rail station and possible Brisbane Live precinct, the hotel is among several projects devised to lift this end of town (05 April 2021).  More...

Rent reprieve for cyclone-impacted primary producers in North Queensland
More than 1500 primary producers impacted by Tropical Cyclone Niran will receive a land rent reprieve as part of the Queensland Government’s disaster assistance measures (05 April 2021).  More...

Palaszczuk Government to help upgrade small landfills
The Queensland Government has invested $1 million to help local governments upgrade their landfill infrastructure (01 April 2021).  More...

Mandated Check In Qld to aid contact tracing at pubs, restaurants and cafes
The Palaszczuk Government’s new COVID-Safe check-in app will be mandated for most hospitality businesses across Queensland from 1 May to assist with contact tracing efforts. Mandating Check In Qld for Queensland pubs, restaurants and cafes will allow contact tracers to more readily access information at a critical time for the State’s public health response (31 March 2021).  More...

Aniko secures approval for $52m housing estate
Gold Coast developer the Aniko Group has won development approval for a $52-million house and land project at South Ripley in Brisbane’s west (31 March 2021).  More...

'Vulnerable' landlords at risk of being 'caught out' in tight market, body warns
The Real Estate Institute of Queensland says landlords need to be aware some tenants offering rent in advance and above the asking price can be too good to be true (29 March 2021).  More...

Historic Brisbane bayside home back on demolition path after court ruling
A Brisbane home with bayside views and built more than 70 years ago, looks likely to disappear after a Queensland court overturned Brisbane City Council’s rejection of a demolition application (31 March 2021).  More...

Churchill developments submits plans for Breakfast Creek renewal
Once a hot destination in Brisbane, a new “Singapore-style” development is expected to complete the urban renewal of Breakfast Creek precinct (29 March 2021).  More...

Jimboomba Central is City of Logan’s best urban design
A shopping centre in the heart of Jimboomba, which utilises clever and practical design, has scooped a double at the Logan Urban Design Awards.The Cusack Lane structure was described by judges as a ‘clever design’ that was likely to be a reference project for similar future retail projects across the City (29 March 2021).  More...

Heritage CSA grants to preserve Queensland’s past into the future
Grants of up to $40,000 are available from the Department of Environment and Science for projects which help conserve places on the Queensland Government’s Heritage Register. Environment Minister Meaghan Scanlon said Queensland has a proud history of conserving and protecting its heritage, and the grants will help more individuals and community groups to nurture the past (26 March 2021).  More...

Published – articles, papers, reports

Reimagining our economic powerhouses: How to turn CBDs into central experience districts
EY; Property Council of Australia: 31 March 2021
The report finds that 82 per cent of Australians are confident their nearest CBD will continue to evolve and presents six ideas to start that evolution. The report recommends that government, employers and landlords work together to facilitate the return of people to the CBD via a series a targeted measures.  More...

Urban productivity and affordable rental housing supply in Australian cities and regions
Nicole Gurran et al, AHURI: 26 March 2021
This study examined relationships between urban productivity and affordable rental housing, focusing particularly on the location and availability of affordable rental housing relative to employment and labour markets in Australia’s capital cities and satellite cities.  More...

In Practice and Courts

Commonwealth

Publication of final Version 6 of the MORs and MPRs
The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has published the final Version 6 of the Model Operating Requirements and the Model Participation Rules. Version 6 will take effect on 12 April 2021. Both marked-up and clean versions of the documents are available on the ARNECC website.

CEFC Factsheet
CEFC and the Technology Investment Roadmap

Announcements, Draft Policies and Plans released 2021

Victoria

New Environment Protection Act postponed to July 2021
The legislation has been postponed and is intended to commence on 1 July 2021. On that basis, EPA will continue to regulate under the Environment Protection Act 1970, including all existing subordinate legislation (Regulations and statutory policies including state environment protection policies and waste management policies) until the new commencement date.  More...

Victoria’s Draft 30-Year Infrastructure Strategy
We have released Victoria’s Draft 30-Year Infrastructure Strategy Community consultation ended on February 26, 2021. The final 30-year infrastructure strategy will be presented to the Victorian Government in mid-2021. To read the draft strategy, or participate in community consultation opportunities click here.

NSW

NSW Revenue: Land tax COVID-19 relief applications date extended
The due date for Land Tax COVID-19 Relief Applications has been extended until 31 May 2021.The extension applies to relief for 2020 and 2021. Find further information on the available land tax support and how to apply here (01 April 2021).

Have your say on changes to how building design and construction is regulated in NSW
The development of supporting regulations is the next step on delivering on this piece of the Government’s building reform agenda, with the scheme commencing on 1 July 2021. The Design and Building Practitioners Regulation commences on this date.  More...

Queensland

Courts
Filing court documents, QEII Courts of Law 30 Mar 2021
Protocol for Applications in the Supreme Court commencing 30 March 2021 until further notice 29 Mar 202

PCA: Brisbane City Council development assessment update
Council will be implementing a project to improve the technology used by staff and customers to lodge and assess development services applications, plans and documents throughout a development lifecycle. At present a procurement process is underway to find an implementation partner for this work and pilots are expected to commence in early 2022. Industry feedback is being actively sought at the moment please click here (01 April 2021).

City Centre Action Plan
Have your say on Brisbane City Council’s City Centre Action Plan by completing the attached survey. Council is targeting two initiatives to help bring people back to the city to visit, shop and do business. One is a short-term City Centre Interim Action Plan and the other is the longer-term City Centre Master Plan. Provide feedback by completing the survey here before April 20 (01 April 2021).

PCA: Exploring the Queensland Globe
The Queensland Government has provided the following information to assist users in utilising the Queensland Globe. The Queensland Globe is an online interactive mapping tool that allows you to view land and property information over high resolution satellite imagery (01 April 2021).  More...

Rural land values
Landowners in 25 Queensland local government areas can access their new land valuations from 31 March 2021.  More...

State Infrastructure Strategy announcement
A new State Infrastructure Strategy will be released in conjunction with seven regional infrastructure plans in aid of supporting our post COVID-19 economic recovery. This follows the recent announcement of the formation of a Growth Areas Delivery Team to address land supply issues in SEQ.
You're invited to have your say and help shape the State Infrastructure Strategy. You can share your views via the survey. Consultation closes on 31 May 2021.

Extension of COVID Bill
State Parliament has moved to extend the timeframe for several measures introduced to allow Government to respond to the impacts of COVID-19 through the COVID-19 Emergency Response and Other Legislation Amendment Bill 2021.
Among other changes, this includes extending the timeframe for the expiry of the dispute resolution provisions within the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation, from 30 April to 30 September, 2021. This timeframe had previously been extended from its initial expiry of December 2020.

Consultations
Inland Rail – Border to Gowrie project – draft environmental impact statement Closes 19 April 2021
Inland Rail – Helidon to Calvert project – draft environmental impact statement Closes 23 June 201

Cases

University of Melbourne v Commissioner of State Revenue [2021] VSC 156
LAND TAX — applicability of charitable use exemption pursuant to s 74(1)(a) of the Land Tax Act 2005 (Vic) — land leased by a charitable institution to a non-charitable lessee —whether the provision of student accommodation by a third party commercial operator lessee under a lease from a charitable institution lessor can be a use by the charitable institution itself — whether the provision of student accommodation by a third party commercial operator under a lease from a charitable institution lessor can be a use by a charitable institution lessor exclusively for charitable purposes — whether the charitable use exemption can apply where relevant land is used by multiple users — whether exclusivity of use relates to active physical use of the land or to the purposes of the charitable institution — Ryde Municipal Council v Macquarie University (1978) 138 CLR 633 — Chief Commissioner of State Revenue v Metricon (Qld) Pty Ltd [2017] NSWCA 11; (2017) 105 ATR 11 — R v Sandhurst and Northern District Trustees Executors and Agency Co Ltd [1915] ArgusLawRp 107; [1915] VLR 682 —Salvation Army (Victoria) Property Trust v City of Richmond [1955] VicLawRp 86; (1956) 1 VLR 250.

Stockfeld & Anor v Hendon & Ors [2021] VSC 133
PROPERTY LAW – restrictive covenant – Property Law Act 1958 (Vic) s 84(2) – proper construction of covenant – development on property limited to ‘a good and substantial double fronted dwelling house with necessary outbuildings’ – minimum cost requirement – requirement for plans to be approved by an agent nominated by vendor – restriction on construction of more than one such building – effect of death of agent on restrictions contained within covenant – whether relevant restrictions became absolute or spent on death of agent – whether only approval requirement spent on death of agent – severance – whether approval requirement can be severed from remainder of covenant – whether covenant prevents development of more than one dwelling house on the property. 

Gautham v Panwar [2021] VSC 157
RESIDENTIAL TENANCIES – COVID-19 legislation – appeal from possession orders made by VCAT under COVID-19 temporary measures – whether Member had regard to mandatory considerations – findings of fact – whether notice of termination of lease required – Residential Tenancies Act 1997 ss 317, 319, 538, 544, 548, 549.
ADMINISTRATIVE LAW – tribunals – Natural Justice – self represented litigant – finding adverse to party – no opportunity given to cross-examine witnesses – natural justice not afforded – Victorian Civil and Administrative Tribunal Act 1998 s 102. 

Zeini v Inner Metropolis Holdings Pty Ltd (Building and Property) [2021] VCAT 243
LANDLORD AND TENANT – COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (‘the Regulations’); whether tenant entered into an for rent relief agreement pursuant to reg 10(6) of the Regulations; whether landlord entitled to re-enter the demised premises after request for rent relief made.
INJUNCTION – whether interlocutory injunction should be granted; whether questions over the terms of a rent relief agreement have been complied with raise a serious question to be tried.

Egan v North Goonyella Bodycorp Two [2021] QCAT 110
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – dividing fence dispute – whether an existing fence is a “sufficient dividing fence” – relevant considerations in determining whether the existing fence is sufficient, so as to require contribution between adjoining owners. Queensland Civil and Administrative Tribunal Act 2009 Qld s 7, 11, 12, 13, s 20(1), 35, 36; Dividing Fences Act 1861 Qld Preamble, s 5, s 13.

Tuskbury Pty Ltd v Mt Isaac Pty Ltd [2021] QDC 57
INJUNCTIONS – JURISDICTIONAL ISSUE – BALANCE OF CONVENIENCE GENERALLY – where the applicant seeks an injunction to prevent actual threatened or apprehended nuisance or trespass to a leased shop premises – whether the relief sought falls within the jurisdiction of the District Court – whether in any case the balance of convenience favours the relief sought. District Court Act 1967 Qld s 68, s 68(1)(b)(xiii), s 69; Retail Shop Leases Act 1994 Qld s 21E.

E.J. Cooper & Son Pty Ltd v Townsville City Council & Anor [2021] QPEC 20
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application under the Integrated Planning Act 1997 – application for a preliminary approval for a material change of use to develop a large rural holding into a master planned residential community supported by other uses – where the development application also sought a variation to the planning scheme – the operation of statutory provisions in relation to such applications –whether the application for a preliminary approval for the material change of use must be assessed against the provisions of the Planning Scheme sought to be varied – what weight should be given to the more recent planning documents – whether proposal should be refused having regard to the nature of the proposed uses, its likely impact on amenity, potential for reverse amenity impacts, infrastructure requirements, traffic impacts or having regard to issues of flooding or stormwater quality - whether the proposal conflicts with the planning documents – whether the application ought be approved having regard to grounds/matters in favour of the proposal – whether there is a need sufficient to support approval – likely benefits in times of flood – benefits from stabilizing and rehabilitating eroded parts of the site – other matters in favour – whether the development should be approved in part – whether the variations component of the application should be approved
Integrated Planning Act 1997 Qld ss 1.3.2, 3.1.6, 3.5.5, 3.5.5A, 3.5.14, 3.5.14A, 4.1.50(1), 4.1.52(1), 4.1.52(2)
Integrated and Other Legislation Amendments Act 2003 Qld; Planning Act 2016 Qld ss 289(2), 311
Sustainable Planning Act 2009 Qld ss 242, 326, 329, 802, 819.

Cases to 05 April 2021

Noosa Shire Council v 64 Gateway Drive Pty Ltd [2021] QPEC 19
PLANNING AND ENVIRONMENT – APPLICATION – MATERIAL CHANGE OF USE – where the respondent lodged development application number MCU19/0-081 on 10 July 2019 seeking development approval for 16 “Ancillary Dwelling Units” – where development application number MCU19/0-081 was assessed and refused by Council – where the respondent lodged an appeal against Council’s decision on 9 October 2019 – where the applicant has sought a declaration that the use the subject of development application MCU19/0-081 is not for Ancillary Dwelling Units as that term is defined in the Noosa Plan 2006. Integrated Planning Act 1997 Qld; Planning Act 2016 Qld; Planning and Environment Court Act 2016 Qld.

Tingalpa Tyre & Mechanical Pty Ltd v Onza Industries Pty Ltd [2021] QCA 50
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – WHEN GRANTED – where the applicant was ordered to take steps to deliver title so as to vest real property in the name of the respondent – where the applicant has not taken those steps and applies for a stay of those orders – where the respondent contends that the rental income from the property subject to the order be redirected to the trust account of a solicitor pending outcome of the appeal – where the applicant contends that the rental income is his only income – where there is no real prejudice to the respondent if the stay is granted pending outcome of the appeal – whether a stay should be granted. Uniform Civil Procedure Rules 1999 Qld r 761.

Vanriet Development Pty Ltd v Brisbane City Council [2021] QPEC 17
PLANNING AND ENVIRONMENT COURT – JURISDICTION – whether the Planning and Environment Court has the jurisdiction to hear and determine on the merits an appeal against an amended infrastructure charge notice issued by the respondent counsel. Planning Act 2016 Qld s 137, 229 & Schedule 1; Planning and Environment Court Act 2016 Qld s 6.

Legislation

Commonwealth 

Regulations
Airports (Major Airport Developments) Determination 2021
31/03/2021 - This instrument specifies the costs when calculating the cost of constructions for a Major Development Plan under the Airports Act 1996.

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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