In the media

Commonwealth

Social housing a new focus for ESG investors Australia faces a projected need for almost 730,000 new social housing properties over the next 15 years and the growing weight of capital with ESG drivers may help meet the challenge (07 October 2021). More...

APRA tightens home loan rules, raises interest rate benchmark The banking regulator announces tougher serviceability tests for home loans, which will make it harder for some borrowers to get a mortgage, on the same day the Reserve Bank of New Zealand starts lifting its benchmark interest rate (06 October 2021). More...

Statement on APRA increase to interest rate buffers The Property Council of Australia said it understands the rationale for the Australian Prudential Regulation Authority’s decision to increase interest buffers on home loan applications and believes that the impacts should be monitored into the new year before any further action is considered (06 October 2021). More...

Landlords face looming new Covid challenge With vaccination rates rising and employers planning a return to the office for their workers, a question mark looms over how organisations with different vaccination policies will share the same buildings, according to JLL’s head of research Andrew Ballantyne (30 September 2021). More...

CEFC supports impact investing through Artesian Green and Sustainable Bond Fund The CEFC is increasing its investment in Australia’s emerging clean energy fixed income sector, backing the first corporate-focused green bond fund developed by investment management firm Artesian (28 September 2021). More...

Architects lay down challenge for carbon-neutral building Australia’s debate about reducing carbon emissions has widened to construction, with the lobby group for architects, the Australian Institute of Architects, mounting a push for the building industry to be net carbon zero in as little as nine years’ time (28 September 2021). More...

REIA: States bolstering coffers at expense of housing affordability Stamp duty has become the antiquated blight of the Australian housing sector as prices soar and governments continue to penalise home buyers with higher taxes, which is leading to a reduced number of properties on the market according to the market analysis, Stamp duty: The relationship to Australian housing affordability and supply (01 October 2021). More...

Victoria

Victorian Homebuyer Fund announced The Victorian Government announced the $500 million Victorian Homebuyer Fund to support more than 3,000 aspiring homeowners to purchase a residential property in eligible Victorian locations (08 October 2021). More...

Melbourne overhauls urban design guide to stop “spreadsheets in the sky” This week Victorian minister for planning, Richard Wynne approved City Council’s new Central Melbourne Design Guide which aims to rethink outdated urban design requirements applying to the central city and Southbank (06 October 2021). More...

REIV takes another step towards building smart digital solutions for real estate Following the highly successful relaunch of VicForms with technology partner Hutly, the REIV is set to redefine real estate data. The REIV Board has signed a new agreement with Hutly to revolutionise PropertyData, REIV’s real estate data platform (05 October 2021). More...

Supersized Cremorne site to kick off post-lockdown transactions One of the largest single land holdings on Melbourne’s city fringe, the property will catch the attention of developers and investors focused on the once a run-down industrial suburb, which is now the beating heart of a warehouse-led city-fringe office revival (30 September 2021). More...

NSW

ABS planning approvals data: Signs of NSW recovery followed by significant decline Dwelling approvals data released by the ABS show that approvals in the month of August grew across all of Australia, accept in NSW, with approvals going backwards for the 4th month in a row (30 September 2021). More...

NSW set to halve emissions by 2030 NSW is set to attract more than $37 billion in investment while slashing emissions by 50 per cent below 2005 levels by 2030, under updated projections and objectives released as part of the Net Zero: Stage 1 Implementation Update (29 September 2021). More...

Queensland

Plans filed for 13-storey tower at Stones Corner Oakridge Property Group has lodged a development application for a mixed-use 13-storey apartment tower on the site of the Freemasons Centre at Stones Corner ( 08 October 2021). More...

Native title ruling strengthens Koa people’s identity Western Queensland’s Koa people have had their identity strengthened following a Federal Court decision in Winton (07 October 2021). More...

Brookfield propose new residential tower for Portside Wharf A development application has been submitted by Brookfield for the development of a 16 storey residential tower located at Portside Wharf East (06 October 2021). More...

11 storey timber tower proposed for 12 Kyabra Street, Newstead A development application has been submitted by TikTokThree Pty Ltd for an eleven storey mixed-use tower located at 12 Kyabra Street, Newstead, , built out of Cross Laminated Timber. The proposed development aims to create small business strata office tenancies from 50-250m2 as its primary function (06 October 2021). More...

Drew Group plans $250m Gold Coast towers Gold Coast developer Drew Group has lodged plans for $250-million dual tower residential development across seven neighbouring sites in Main Beach, amalgamating 37 individuals properties (05 October 2021). More...

Developers warned as contractor loophole closure delayed The Queensland government has postponed the closure of what many see as a loophole licensing exemption misused by contractors to enter into construction contracts and carry out building work in the state without being properly licensed (30 September 2021). More...

'Ballistic' property market creates hurdles for disability housing Queensland's competitive housing market adds further pressure to the disability accommodation sector looking to focus on independent living (29 September 2021). More...

St Vincent’s plans redevelopment for Kangaroo Point hospital site St Vincent’s Health Australia has lodged a six-staged development masterplan for the redevelopment of St Vincent’s Hospital in Kangaroo Point. The application specifies that designs shown are indicative concepts which are not final and doesn’t form part of this particular development application (DA), but rather focuses on approval for the broader masterplan (29 September 2021). More...

Brookfield bumps up Hamilton Northshore offering Brookfield Residential Properties is planning another tower in Northshore Hamilton near the site of the Brisbane 2032 Olympic Athletes’ Village (29 September 2021). More...

Plans lodged for 33-storey Broadbeach tower A developer has lodged plans for a 33-storey residential development in Broadbeach as the Gold Coast’s red-hot apartment market continues to outstrip supply. The Plus Architecture-designed development will be targeted at the local owner-occupier market (28 September 2021). More...

20 storey residential tower proposed for Manning St, Milton A development application has been submitted by Melbourne-based Goldfields for a twenty storey residential tower located at 29 – 35 Manning Street Milton. The development site is located behind Park Road and requires the removal of four detached residential dwellings (27 September 2021). More...

New aerospace & defence precinct proposed for Wellcamp Airport Plans have been unveiled for a massive new aerospace and defence precinct which is to be built at Toowoomba’s Wellcamp Airport. The new area is being called the Wellcamp Aerospace and Defence Precinct and would be built on land owned by the Wagner Corporation for Boeing Australia (26 September 2021). More...

Published – articles, papers, reports

Your Homeedition, September 2021 Contains the latest information on energy efficiency, sustainable design practices and construction systems for the residential building sector. It includes new case studies, images and diagrams covering cladding systems, insulation, retrofitting and renovating to improve thermal performance. It also has chapters on building for adaptability and resilience to weather extremes. The latest Your Home resource will be available online from 28 September. More...

In practice and courts

Announcements, Draft Policies and Plans released 2021

NSW

NSW Revenue: Land Tax Build to Rent The NSW Government is introducing a land tax discount for new build-to-rent housing projects until 2040 and a new Housing Diversity SEPP to provide more housing options, greater surety for renters, boost construction and support jobs during the COVID-19 recovery. Guidelines for the land tax reduction for build-to-rent properties can be read here.

Queensland

PCA: Extension notices The Deputy Premier has approved an extension notice to extend the timeframes for undertaking approved development by six months. This applies under the COVID-19 applicable event notice declared on 29 June 2021. This extension notice applies to particular development approvals that were in effect on 1 September 2021, or that come into effect between 1 September and 30 September 2021 (30 September 2021). For further information, read: Approval under the Planning Act and Approvals under the Economic Development Act. This extension does not apply to building development approvals for building works pursuant to s71 of the Building Act 1975.

Amendment of Planning Regulation 2017 The Department of State Development, Infrastructure, Local Government and Planning has advised that the Planning Regulation 2017 was amended on 17 September by the Planning Amendment Regulation (No.1) 2021. The amendments: Extend the expiry date of the economic support instrument provisions by 12 months until 17 September 2022 make several minor changes to increase the efficiency of the Planning Regulation. These clarify provisions relating to the content of planning and development certificates and referral agency requirements for end-of-trip facilities.

Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021 The Bill was referred to the Community Support and Services Committee for detailed consideration and report by 26 November 2021. The explanatory notes state that the objective of the Bill is to improve rights for renters in Queensland, address rental affordability concerns and improve access to safe and secure housing.

City of the Gold Coast: Express DA service As part of the City’s economic support during COVID-19, the City is offering a 50 per cent discount on Express DAs for 12 months (from 27 October 2020 to 27 October 2021). More...

REIQ: Training requirements for the Queensland real estate industry The Office of Fair Trading (OFT) has released new training requirements for the Queensland real estate industry. As of 30 September 2021, the current qualification will be superseded and replaced by a new property services training package. At the REIQ, the new training package not only recognises the significance of the work undertaken by real estate professionals, but also better reflects modern day real estate agency practice.

Rockhampton Regional Council expands development incentives policy Rockhampton Regional Council has expanded its development incentives policy to include multi-residential unit developments within close proximity to the CBD. The policy will apply to DA’s lodged between 1 January 2021 and 31 December 2021. For more information, please click here.

DSD Consultations Inland Rail – Gowrie to Helidon project – draft environmental impact statement 25 October 2021

Cases

Goldberg v Campbell and Shaw & Ors [2021] VSC 647REAL PROPERTY — caveats — application by plaintiff for order directing removal of caveat lodged by second defendant on title — application for removal of a caveat under s 90(3) of the Transfer of Land Act 1958 (Vic) — whether there is a prima facie case to be tried — whether the balance of convenience favours the removal of the caveat — order for removal of caveat to be made but stayed pending an application to amend caveat — application for sale of co-owned land and division of proceeds under Part IV of the Property Law Act 1958 (Vic) — sale not ordered but application adjourned.

Valuer-General v AWF Prop Co 2 Pty Ltd & Ors [2021] VSCA 274VALUATION OF LAND – fire services levy – levy calculated according to capital improved value of land – First Respondents leased 16 parcels of land for purpose of establishing and operating wind farm – wind farm assets comprised 75 wind turbines, substation, buildings, cabling, and other items affixed to land – contractual obligation to remove wind farm assets at end of lease – whether wind farm assets formed part of land to be valued – whether primary judge erred by valuing wind farm as separate occupancies – no error in approach of primary judge – whether primary judge erred in valuing land on basis land was leased for wind farm operation – no error in approach of primary judge – Shell Co of Australia Ltd v City of Melbourne [1997] 2 VR 615, Challenger Property Asset Management Pty Ltd v Stonnington City Council [2011] VSC 184; (2011) 34 VR 445, considered – leave to appeal granted, appeal dismissed – Fire Services Property Levy Act 2012 s 16 – Property Law Act 1958 s 154A – Valuation of Land Act 1960 ss 2(1), 2(3), 5A, 13DC – Interpretation of Legislation Act 1984 s 38. REAL PROPERTY – fixtures – tenant’s fixtures – whether wind farm assets belonging to lessee formed part of land – wind turbines connected to underground foundations – connection for safety and operational reasons – turbines and other above ground assets capable of dismantling and removal – obligation on lessee to remove things erected or installed on land and make good – lessee entitled to remove turbines and other assets during lease – lease term 25 years with option to renew – above ground assets chattels – SPIC Pacific Hydro Pty Ltd v Chief Commissioner of State Revenue [2021] NSWSC 395, considered – property in assets remaining with lessee during lease by operation of Property Law Act 1958 s 154A – Vopak Terminals Australia Pty Ltd v Commissioner of State Revenue [2004] VSCA 10; (2004) 12 VR 351, Commissioner of State Revenue v Uniqema Pty Ltd [2004] VSCA 82, applied.

328 Hampshire Road Pty Ltd v Medical One Pty Ltd (Building and Property) [2021] VCAT 1117RETAIL TENANCY DISPUTE – Section 37 of the Retail Leases Act 2003 (Vic) – rental determination – adequacy of reasons – whether the valuer adhered to his charter – whether the valuation determination disclosed detailed reasons in accordance with s 37(6)(b) of the Retail Leases Act 2003.

Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 3) [2021] QLC 36ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – PROCEDURE – where the applicant revised its mine plan after the applications for a mining lease and environmental authority had been referred to the Court for hearing – whether the Court can conduct the hearing on the revised mine plan – where the Court must comply with the requirement to afford parties procedural fairness – where the Court adjourned the matter for further hearing to allow the Department of Environment and Science to consider the potential environmental impacts of the revised mine plan. Environmental Protection Act 1994 Qld; State Development and Public Works Organisation Act 1971 Qld

Redland City Council v King of Gifts (Qld) and HTC Consulting Pty Ltd & Anor [2021] QCA 210ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where, in 2018, the primary judge granted an appeal pursuant to s 461(1) of the Sustainable Planning Act 2009 (Qld) (‘SPA’) against the applicant’s refusal of a development application for a material change of use to develop land for a service station, drive through restaurant and an on-site effluent disposal irrigation area – where, in 2020, this Court granted an application for leave to appeal and allowed an appeal against the 2018 judgment upon the ground that the primary judge had erred in principle in the application of s 326 of the SPA – where in this Court’s 2020 decision the orders made by the primary judge were set aside and the matter was remitted to the Planning and Environment Court to be determined according to law – where no additional evidence was adduced at the remitted hearing – where, on rehearing, the primary judge allowed the appeal, and approved the development application subject to conditions – where the applicant seeks leave to appeal against that judgment upon the ground that the primary judge erred by finding in fact that there was a need for the proposed development and its constituent elements, at the proposed location, in the absence of any evidence of that fact – where in the 2017 reasons the primary judge described the proposed development as “fundamentally different in nature and size (in terms of its footprint) to the types of uses and development that the Redlands Planning Scheme envisages on the subject site” – where the primary judge also found there was a need for the proposed development that was sufficient to justify approval despite the conflicts with the Redlands Planning Scheme – where the primary judge relied on economists’ and town planners’ reports for that finding – where the primary judge found there was a “clear and strong level of economic need” – where the primary judge found that the combined effect of six matters established that “the public interest in approval of the proposed development is greater than the public interest in upholding strict compliance with the Redlands Planning Scheme by refusing the development” – whether the primary judge erred in law by making that finding in the absence of supporting evidence Sustainable Planning Act 2009 Qld s 326(1)(b)

Yue v CN-AU Capital Pty Ltd & Anor [2021] QSC 248CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the plaintiff and first defendant are parties to a deed of agreement – where the deed of agreement provides that “Mr Yue shall cause the Second Payment to be made to [Capital] on or before 24 May 2021, made payable to the JCL Trust Account” – where the central issue of construction concerns what was required of Mr Yue for him to “cause the Second Payment to be made to [Capital] on or before 24 May 2021” – where the plaintiff contends that a cheque drawn on a solicitor’s trust account satisfied the contractual requirement whether by bank cheque or clear funds – where the first defendant contends the primary obligation required the plaintiff to cause the second payment to be made on or before 24 May 2021 by way of cleared funds on or before that date – whether a reasonable business person in the position of the parties would have understood that, in order for the plaintiff to effect payment in accordance with the clause, and thereby become entitled to the release of the Mortgages, cleared funds were required to be provided on or before 24 May 2021 PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – DECLARATIONS – APPROPRIATE FORM OF RELIEF – DISCRETION OF COURT – OTHER CASES – where the deed of agreement provides for the plaintiff to make payments to the first defendant – where a dispute arose after the first defendant refused to accept a payment of the balance funds by a solicitors’ trust account cheque – where the plaintiff seeks a declaration that the plaintiff has not breached the deed of agreement – whether the declaration ought to be made in the terms sought by the plaintiff CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – PENALTIES AND LIQUIDATED DAMAGES – GENERAL PRINCIPLES –where the plaintiff contends that the default consequences contained in the deed of agreement sought to contract out equity’s jurisdiction, in compelling to not resist sale to another party, and to allow it to have the benefit of the $2,600,000 payment without a trial to determine the validity of the Mortgages – where the first defendant contends that the deed of agreement did not provide for the imposition of an additional and different liability or detriment in the event of the plaintiff’s breach of a primary obligation – whether the contractual provision is a penalty clause based on the terms and circumstances of the contract and judged as at the time of the making the contract EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – GENERALLY –where the plaintiff contends for a serious question or prima facie case to arise out of the validity or enforceability of the deed of agreement as well as in relation to the claims made by him in the proceeding – where the first defendant contends it did not hinder or prevent performance by the plaintiff – where the plaintiff submits that there is a prima facie case in relation to the validity or enforceability of the deed of agreement and the balance of convenience favours the grant of the interlocutory injunctions – whether the injunctions should be granted REAL PROPERTY – TORRENS TITLE – CAVEATS AGAINST DEALINGS – REMOVAL – PARTICULAR CASES –where the plaintiff lodged caveats claiming an equitable interest in the property – where the first defendant contends, in addition to direct enforcement, that the plaintiff’s obligations under the deed of agreement are a powerful consideration in favour of removal of the caveat – where the plaintiff’s undertaking is of little or no value – whether there is a serious question to be tried – whether the balance of convenience favours the removal of the caveats. Land Title Act 1994 Qld s 127(1)

Cases to 04 October 2021

Fuller v Grabbe & Anor [2021] QLC 35ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the Land Court recently determined compensation for small mining grants in Australian Asiatic Gems Pty Ltd v Grabbe & Anor [2021] QLC 25, Land & Anor v Grabbe & Anor [2021] QLC 1 and Sawyer v Grabbe & Anor [2021] QLC 27 – where the valuation report from the Land matter was ‘recycled’ – where the Court considered valuation evidence – where compensation for deprivation of possession of the surface of the land of the owner was agreed between the parties – whether there should be compensation for management of the land – where there are no access issues – where the landholders’ management duties will be less burdensome compared to other tenure holders

Tempo 3 Pty Ltd v Gummi Junga Aboriginal Corporation [2021] QLC 34ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the respondent had difficulties in participating in the directions hearing and reviews – where the Court and applicant were sympathetic to the respondent’s difficulties – where the concerns of the landowner were taken into account – where compensation is only claimed for deprivation of possession of the surface of the land of the owner pursuant to s 281(3)(a)(i) of the Mineral Resources Act 1989 (Qld) – where the Court cannot determine ‘conduct’ conditions but it is expected that Tempo 3 would honour their commitment – where compensation was determined

Upan Company Pty Ltd v Gold Coast City Council (No. 2) [2021] QPEC 50PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF OTHER CHANGE APPLICATION – where original application concerned stepped form high rise residential development – where appellant seeks approval of other change application for built form residential development – where proposed other change concerns reductions of storeys, increase of building height CONFLICT WITH PLANNING SCHEME – where proposed development results in unacceptable impacts in respect of setbacks and site cover – loss of stepped design – building height transition – where appeal dismissed Planning Act 2016 Qld s 78

Paige Pty Ltd v Redland City Council [2021] QPEC 51PLANNING AND ENVIRONMENT – APPLICATION – application in pending proceeding – application for minor change – where the development application seeks a development permit for reconfiguration of lots – where, at the time of the decision, the development application provides access to Bunker Road – where the proposed change includes removal of vehicular access to Bunker Road – whether the proposed change is a minor change Planning Act 2016 Qld Sch 2; Planning and Environment Court Act 2016 Qld s 43, s 46

Legislation

Queensland

Subordinate Legislation as made – 01 October 2021 No 150 Nature Conservation (Protected Areas) Amendment Regulation (No. 3) 2021

Subordinate legislation as made – reminders No 138 Planning Amendment Regulation (No. 1) 2021 The objectives of the Amendment Regulation are to extend the expiry date of economic support instrument provisions under the Amendment Regulation by 12 months until 17 September 2022 to continue to assist Queensland’s economic recovery from COVID-19, and make minor amendments to increase the efficiency of the

No 49 Water Plan (Mary Basin) (Postponement of Expiry) Notice 2021 For section 56(1) of the Act, the new expiry date for the Water Plan (Mary Basin) 2006, as postponed under section 55 of the Act, is 28 May 2024.

No 50 Planning (COVID-19 Vaccination Service) Amendment Regulation 2021 Insert 20A When material change of use for providing COVID-19 vaccination service is not assessable development. This section expires on 31 December 2021.