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What's News in Property & Real Estate? – 24 April 2018

24 April 2018

6 min read

#Property, Planning & Development

What's News in Property & Real Estate? – 24 April 2018

In the media – National 

Incentives for developers could help create more affordable housing
Record house price growth in Australia has led to calls to ease supply-side restrictions to open up more affordable housing for low and middle-income households. The AHURI has weighed in on Australia’s housing affordability challenges, suggesting the answer may lie with planning schemes such as inclusionary zoning and density bonuses (11 April 2018). More...

PCA: Appetite to ‘rightsize’ must be supported
The Property Council of Australia supports calls by National Seniors Australia today for the Federal Government to expand its impending downsizing scheme for Australian seniors. Ben Myers, Retirement Living at the Property Council of Australia, says 24 per cent of seniors confirmed they had a desire to move into smaller, more age appropriate housing, such as within a retirement village (12 April 2018). More...

Extreme downsizing: Could you live on a block the size of an AFL goal square
Forget the quarter-acre block — a new property push is on to find buyers willing to live on land that's smaller than three shipping containers side by side. But banks are sounding a warning to small home owners (11 April 2018). More...

Government-industry co-funding model delivers another $10 million for Reef protection
The Turnbull Government has today announced its Reef Trust will enter into a new co-investment partnership with the Great Barrier Reef Foundation to undertake island restoration within the Reef. Reef Trust funding of $5 million will be matched dollar-for-dollar with a $5 million contribution, also announced today, from Lendlease through the Great Barrier Reef Foundation (06 April 2018). More...

In the media – Victoria 

Development Victoria will deliver Ballarat’s GovHub
Ballarat’s $100 million GovHub building has been given the green light, with the Minister for Planning Minister Richard Wynne today awarding planning approval for the development, which will transform the Civic Hall site and house up to 1,000 government employees (12 April 2018). More...

Station car park upgrades
Commuters will find it easier to get a parking spot at some of Melbourne’s busiest train stations with over 2,000 new and upgraded car parking spaces to be built at key stations across the network (10 April 2018).  More...

University of Melbourne’s ‘Carlton Connect’ receives planning approval
A major University of Melbourne project has been given the go ahead by the Victorian government to develop the former Royal Women’s Hospital site into a leading innovation precinct (10 April 2018). More...

Government plans new tram route for Melbourne's south-east
Monash University's Clayton campus and Chadstone shopping centre are set to be connected to Melbourne's tram network for the first time, as the Victorian Government plans a new route linking Caulfield Station to Rowville via Waverley Park (10 April 2018).  More... 

No more single-use bags for shoppers at famous Melbourne market
A ban on single-use plastic bags at the famous South Melbourne Market could eventually be extended to other products like straws and coffee cups, management says, as shoppers and traders embrace the new environmental stance (11 April 2018).  More... 

Applications open for recycling industry relief package
A $1 million funding package is available to Victoria’s recycling industry to help it make the transition to new market conditions after China’s decision to stop imports of low-quality mixed recyclables (09 April 2018). More...

Overhaul to keep kids safe around pools and spas
The Andrews Labor Government will establish a comprehensive register of all household pools and spas across the state as part of a major regulatory overhaul to keep kids safe. Minister for Planning Richard Wynne announced the mandatory register today, and regular inspections to ensure pool and spa safety barriers are effective and working properly (06 April 2018).  More...

Villa World plans 273-lot subdivision in Melbourne
Residential property developer Villa World has entered into a development rights agreement over a 15-hectare site in order to deliver a new 273-lot subdivision in Melbourne. The ASX-listed company have positioned the subdivision in the expanding suburb of Plumpton, within Melbourne’s north-western growth corridor (05 April 2018). More...

In the media – Queensland 

10,000 apartments abandoned in saturated Brisbane Market: BIS
Record levels of new apartment completions in inner-Brisbane’s apartment market has seen it tipped into oversupply, with 52 projects abandoned or deferred over the 2017-18 period (05 April 2018). More...

In Practice and Courts

Commonwealth

Productivity Commission inquiry into the Murray-Darling Basin Plan
The Australian Government has announced a Productivity Commission inquiry into the effectiveness and implementation of the Murray-Darling Basin Plan and water resource plans. An issues paper outlining the inquiry’s scope, procedures and key issues is being exhibited with submissions due by 19 April 2018.

UDIA 2018 State of the Land Report
2018 State of the Land 2018 State of the Land Download submission 2018 State of the Land (April 2018).

Announcements, Draft Policies and Plans released 2018

Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be included in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In essence; it is a simplifying of the development process and aligning the requirements for development across greenfield areas; the planning rules and the code are also presented in plain English to clearly explain planning rules (11 April 2018). More...

Titles Registry – introduction of trust details form
From May 2018, transfers which record a transferee as trustee may be transacted through eConveyancing. For consistency in paper, the Titles Registry will introduce a new trust details form which can be used as an alternative to lodging the full trust deed. More details Access the Titles Registry update from our on-demand content series.

Land Valuations Online
The new land valuation data for 2018 can be accessed online at www.qld.gov.au/landvaluation.
Queensland Globe also gives landowners access to detailed valuation information allowing users to search for a property or pan the map to areas of interest and zoom down to individual property level. Landowners can access the Queensland Globe year round via the Land Valuations website www.qld.gov.au/landvaluation.

Cases 

Manderson v Wright (No 2) [2018] VSC 162
PLANNING AND ENVIRONMENT – Interpretation of restrictive covenant – Defendant admitted breach of restrictive covenant – Appropriate remedy for admitted breach.
REMEDIES – Injunction - Breach of restrictive covenant - Mandatory injunction – Whether plaintiff’s conduct disentitles him to relief sought - Whether Lord Cairns Act damages should be awarded – Application of the ‘good working rule’ from Shelfer v City of London Electric Lighting Co [1895] 1 Ch 287 – Whether mandatory injunction would be oppressive to defendant – LJP Investments Pty Ltd v Howard Chia Investments Pty Ltd (1989) 24 NSWLR 490, Break Fast [2007] VSCA 311; (2007) 20 VR 311 considered.

Gagliano v Moreland CC [2018] VCAT 527
Moreland Planning Scheme; s81(1) Planning and Environment Act 1987; extension of time to commence an apartment building after introduction of the Better Apartments Design Standards; weight to be given to applicability of Clause 58 in the context of transitional provisions.

WIN Television Qld Pty Ltd v Tripplea Pty Ltd [2018] QDC 058
LANDLORD AND TENANT – RENT – PROVISIONS AS TO RENT IN AGREEMENT FOR LEASE OR LEASE – RENT REVIEW CLAUSES – DETERMINATION BY REFERENCE TO MARKET RENTAL VALUE – whether valid notice given by landlord. 

ISPT Pty Ltd v Valuer-General; ISPT Custodians Pty Ltd v Valuer-General [2018] QLC 6
REAL PROPERTY – Valuation of land – Objections and appeals – Queensland – Where appellant objects to valuation – Highest and best use ultimately in agreement.

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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