Changes 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 […]
ReadmoreWhat’s the cost of motor cross?
The Planning and Environment Court delivered a decision in the case of Drywound Pty Ltd v Lockyer Valley Regional Council & Ors [2017] QPEC 4, which involved determining cross-applications made by the parties for costs. Drywound Pty Ltd v Lockyer Valley Regional Council & Ors [2017] QPEC 4 – What’s the case about? The […]
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