New Yarra River Protection Planning Controls
On 26 February 2017, the Victorian Government (Government) formally released the Yarra River Action Plan and the new Yarra River Protection Planning Controls (Yarra Controls) intended to protect the Yarra River from “inappropriate” development. This follows a discussion paper, Protecting the Yarra River (Birrarung), which was released for public consultation on 1 July 2016. Partner, Meg […]
ReadmoreNew residential zones, including new mandatory height limits, are imminent
Last week, the Government announced that it would implement Amendment VC110 to make changes to Victoria’s residential zones in response to recommendations by the Managing Residential Development Advisory Committee’s (the Committee) review of the residential zones which began in late 2015 and was recently reported to the Minister for Planning. The three residential zones, the […]
ReadmoreA sign on a heritage building is not all bad
Proposed signage on the Kedron Park Hotel was approved as it posed no undue impact on the hotel or its heritage significance. Australian Leisure And Hospitality Group Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Australian Leisure And Hospitality […]
ReadmoreA self-storage facility in a residential area that cut across the planning scheme intent, no way
Redevelopment of the Carseldine Palms Motel site for a self-storage facility was refused as it was in serious and major conflict with the Brisbane City Plan 2014. Fortress Freeholds Pty Ltd v Brisbane City Council & Ors – What’s the case about? The Planning and Environment Court delivered a decision in the case of Fortress […]
Readmore20 storeys might be too high but not where there’s a strong economic and community need
A 20 storey aged care accommodation and medical facilities building in Buranda was approved as it responded to the strong economic and community need Quintenon Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Quintenon Pty Ltd v Brisbane City Council […]
ReadmoreSecurity of Payment Claims Following Termination or Suspension of the Construction Contract
The first High Court decision1 to consider the operation of the security of payment legislation found that a claimant may be unable to submit a payment claim after the termination or suspension of the construction contract. The Facts – Southern Han Breakfast Point Pty Ltd (in liquidation) v Lewence Construction Pty Ltd The facts are […]
ReadmoreAndrews Government responses to the EPA Inquiry
On 18 January 2017, the Andrews Government formally released the much anticipated response to the findings from the Independent Inquiry into the Environment Protection Authority Victoria (EPA). The Inquiry was released in May 2016 and examined a range of matters relating to the EPA’s role, duties, powers and regulatory tools, the Victorian community and industry’s […]
ReadmoreFrom little things big disputes can grow
Sometimes, unfortunately, it does not take much for issues with a client to escalate into being a costly building dispute. However, it also often does not take much to avoid the dispute happening in the first place. This is an example of both. The dispute and the decision In December 2016, the New South […]
ReadmoreAbolition of GAIC exemptions for public purpose and infrastructure land mean higher costs for growth area developers
The Victorian Government has broadened the application of the Growth Area Infrastructure Contribution (GAIC) applicable to land in the Urban Growth Zone (UGZ) by repealing the current exemption clauses under section 201RF(a) and (b) of the Planning and Environment Act 1987 (P&E Act) for lots created for a “utility installation” or “transport infrastructure or any […]
ReadmoreRelationship contracting for civil construction by standing offer panel arrangements under the Local Government Regulation 2012
Paul Muscat and his team worked with Simon Malouf, Program Leader for Road Delivery Management at Logan City Council, to take advantage of the contracting provisions of the Local Government Regulation 2012 to streamline contracting processes and provide enhanced support to the delivery of their rapidly growing capital road and drainage infrastructure program. Co-authored by […]
ReadmoreNew Infrastructure Contributions Plan system now in operation
The Victorian Government has introduced a new legislative framework for funding essential works and services in Metropolitan Greenfield Growth Areas under Part 3AB of the Planning and Environment Act 1987 (Act) and through the introduction of the Ministerial Direction on the Preparation and Content of Infrastructure Contribution Plans (Ministerial Direction). The Amending Legislation was introduced […]
ReadmoreCopying Building Plans – Cost Savings…or Costly Mistake?
A recent Federal Court decision1 serves as a reminder that copying building plans can be an infringement of copyright, which may attract significant financial imposts on both the landowner and the builder. Background Mr and Mrs Mistry (Mistrys) and building designer, Henley Arch Pty Ltd (Henley) were in discussions to design and build the “Amalfi […]
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