Embedded networks live on as Victorian reform for residential embedded networks slowly takes shape

New embedded networks in residential apartment buildings will be banned from January 2023 unless 100% of electricity is sourced from renewable energy, with at least 5% being sourced from on-site generation. Existing embedded networks in residential sites, including apartment buildings, retirement villages, social housing and residential/caravan parks, will transition to a new regulatory regime, moving through […]

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Changes to Victorian planning law to support environmentally sustainable developments

The Minister for Planning has approved Amendment VC216 (Amendment), with the changes to the Victorian Planning Provisions taking effect from 10 June 2022. What does the Amendment do? The Amendment makes changes to the Victoria Planning Provisions and all local Planning Schemes to support environmentally sustainable development (ESD) outcomes. For the first time, all local […]

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VCAT Fast Track List for post-permit applications

From 1 July 2022, VCAT will establish a Fast Track List to expedite a number of post-permit applications. These changes are designed to improve the efficiency of VCAT’s procedures and to provide certainty to applicants and developers – particularly after a permit has been secured for a development site. The following applications under the Planning and […]

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Green loan financing – taking root in fertile soil

Green finance is financing where the proceeds are used by a borrower in financing projects that make a contribution to an environmental objective. This is an important way in which finance markets are contributing to the objectives of the 2015 Paris Climate Agreement, seeking to align finance with low greenhouse gas emissions and climate-resilient development. […]

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Queensland’s Project Trust Account phased rollout delayed

Project Trust Accounts (PTAs) are currently required for eligible contracts for: State Government and Hospital and Health Services valued at $1 million or more (ex. GST); and since 1 January 2022, the requirement to have a PTA has been extended to the private sector and local government building contracts valued at $10 million or more […]

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COVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business

In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]

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Land Use Framework Plans – A new level in Melbourne’s strategic planning framework

The Department of Environment, Land, Water and Planning (DELWP) is currently seeking public feedback for newly released draft Land Use Framework Plans. Feedback for the Land Use Framework Plans is open until 24 October 2021 and be done using the following methods by visiting this link. What are Land Use Framework Plans? The Land Use […]

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New priority planning pathways for social and affordable housing development

There is currently a significant affordable housing shortfall in Victoria. Victoria’s Big Housing Build program presents new opportunities for private sector developers to work with Registered Housing Associations to deliver this much needed housing stock. The Gadens Real Estate & Construction Team recently hosted a virtual Boardroom Briefing on the new planning priority pathways for […]

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Noosa Shire Council enforcement notices for unlawful vegetation clearing held to be defective

In April 2019, Noosa Shire Council issued multiple enforcement notices to the joint owners of a large rural parcel alleging unlawful vegetation clearing being a development offence under the Planning Act 2016 (Qld) (PA). All of the recipients appealed against the enforcement notices to the Planning and Environment Court which in Serratore & Anor v […]

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Councillor roles in development matters

The conduct of councillors in development matters and their dealings with developers and submitters is often controversial and can pose corruption and misconduct risks. To assist councillors and others manage this engagement, the Office of the Independent Assessor (OIA) has released guidance. The OIA is an independent statutory body responsible for assessing, investigating and prosecuting […]

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Coastal Adaption Planning

Like other coastal councils in Queensland, the City of Gold Coast is focused on managing coastal adaption. To this end, Council’s Coast Adaption Plan (CAP) is the latest step from Council and is intended to guide future investigations and actions. Background The City of Gold Coast is one of Australia’s most iconic coastal cities with […]

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Countering Victoria’s Land Tax Grab

Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]

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