Victorian Government implements first stage of environmental protection overhaul
The Victorian Government recently introduced a bill to parliament as the first stage of the long anticipated overhaul to Victorian environmental protection legislation. 1. Background In 2016, an independent ministerial advisory committee conducted an inquiry into the Environment Protection Authority Victoria (EPA). As previously reported by Partner, Meg Lee, and lawyer, Linda Choi, the […]
ReadmoreChanges to the Domestic Building Contracts Regulations
Effective from 1 August 2017 there will be a number of changes to regulations under the Domestic Building Contracts Act 1995 (Vic) (Act). Major Domestic Building Contracts Major domestic building contract is now defined as a domestic building contract where the contract sum is more than $10,000 (previously $5,000).1 If the contract sum for […]
Readmore3 residential towers approved on former ABC site despite significant conflicts with planning scheme
The Planning and Environment Court delivered a decision in the case of Bell v Brisbane City Council & Ors [2017] QPEC 26 which involved an appeal commenced by a submitter Kate Bell against the Council’s decision to approve, subject to conditions, a development application made by Sunland Developments No. 8 Pty Ltd. The development application […]
ReadmoreA change to a proposed service station, carwash facility and drive through restaurant was declared to be a minor change
The Planning and Environment Court in King of Gifts (Qld) Pty Ltd & Anor v Redland City Council & Anor [2017] QPEC 15 declared that a change to a proposed service station, carwash facility and drive through restaurant was a minor change. The changes to the proposed development comprised the following: refining the onsite sewerage […]
ReadmoreApproval of multiple-dwellings development – all depends on the adequacy of the proposed drainage system
The Planning and Environment Court delivered a decision in the case of Spry v Brisbane City Council & Anor [2017] QPEC 16 which involved a submitter appeal against the decision of the Brisbane City Council to approve a development application for a development permit for 3 multiple-dwellings. The issues in dispute in the appeal concerned […]
ReadmoreDeveloper left in the dark as builder garnishes $11 Million from developer’s bank account without notice
In the recent decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 a Contractor was able to garnish $11 million from the Principal’s bank account using the NSW security of payment legislation. The Principal was caught by surprise because at the time the money was garnished from its bank […]
ReadmoreLocal Government Update – Indemnities
Under section 60A of the Statutory Bodies Financial Arrangements Act 1982 (Qld) (SBFA), Councils must seek the approval of the Treasurer before entering into a “type 1 financial arrangement”, which includes granting an indemnity in favour of another party within a contract. However, on 6 January 2017, the process for Councils looking to provide an […]
ReadmoreRequest to change a development approval up in flames
The Planning and Environment Court delivered a decision in the case of Lipoma Pty Ltd v Minister for State Development & Ipswich City Council [2017] QPEC 6 which involved the Ipswich City Council making an application to the Court seeking declarations that: the Minister was not the correct responsible entity pursuant to section 369 of […]
ReadmorePoor standard of visual amenity on Gympie Road no justification for oversized sign
The Planning and Environment Court in Australian Leisure and Hospitality Group Pty Ltd v Moreton Bay Regional Council [2017] QPEC 8 dismissed an appeal by the Australian Leisure and Hospitality Group Pty Ltd against Moreton Bay Regional Council’s refusal of its development application for a development permit for the installation of an advertising sign along […]
ReadmoreCentres hierarchy is the central plank underpinning the future planning and development of City of Townsville
The Planning and Environment Court delivered a decision in the case of McConaghy Properties Pty Ltd v Townsville City Council & Anor [2017] QPEC 11 which involved a submitter’s appeal against a decision of the Townsville City Council to approve a shopping complex and fast food outlet on land in Currajong, Townsville. The proposed shopping […]
ReadmoreThe site is earmarked for residential subdivision – just need to wait
The Planning and Environment Court delivered a decision in the case of Loncor Properties Pty Ltd v Redland City Council [2017] QPEC 5 which involved an applicant’s appeal against the Redland City Council’s refusal of the development application for reconfiguring a lot (43 residential subdivision in two stages) in respect of land situated at Wrightson […]
ReadmoreTemporary accommodation gone bad!
The Planning and Environment Court delivered a decision in the case of Whitsunday Regional Council v Branbid Pty Ltd [2017] QPEC 3 which involved an application made by the Whitsunday Regional Council to the Court seeking: a declaration under section 456 of the Sustainable Planning Act 2009 that the use of the land for temporary accommodation is a […]
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