The approvals climate is changing
In proceedings[1] brought by environmental groups, councils and the Mayor of London, the English Court of Appeal has ruled unlawful a decision, to allow the expansion of Heathrow Airport by the construction of a third runway, because it did not take the United Kingdom government’s policy and commitments on climate change into account. Background For many […]
ReadmoreDiscretionary Trusts to be automatically deemed foreign trusts – Victoria and NSW
The Victorian State Revenue Office (SRO) has come out with an announcement that from 1 March 2020 it will no longer apply its practical approach in determining whether a discretionary trust is a foreign trust for stamp duty purposes. From 1 March 2020, any discretionary trust that does not specifically exclude foreign beneficiaries will automatically […]
ReadmoreCouncil pays the price for taking enforcement action against the wrong party
Background Gold Coast City Council (Council) issued an enforcement notice to the owner of a lot in a community title scheme (CTS). The lot adjoins a buffer area, which is common property of the CTS (the Buffer Area), and borders Saltwater Creek in Helensvale. Pursuant to the community management statement for the CTS, the lot […]
ReadmoreYou’re Out of Time … Start Again
In Supreme Renovators Pty Ltd v Logan City Council [2019] QPEC 63 the applicant attempted to convince the Planning and Environment Court (Court) that there were “sufficient grounds” to extend the timeframe for filing an appeal out of time. The applicant missed its appeal period by approximately two months and one week. The applicant sought two […]
ReadmoreClarification of Exemptions for Vegetation Clearing for Bushfire Management Activities
The previous arrangement surrounding clearing vegetation for bushfire management activities was confusing. The Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019 (Qld) which commenced on 6 December 2019, is an attempt to clear up some of this confusion as to the exemptions for vegetation clearing for bushfire management activities. The amendment A new […]
ReadmoreBan on High-Rise Development at The Spit
The Spit Master Plan in 2019 was adopted by the Queensland Government in 2019 after an extensive 18 month planning and consultation period, which attracted more than 23,000 pieces of feedback.[1] The Spit Master Plan is a non-statutory document until introduced into the Gold Coast City Plan 2016, a process likely to take some time. […]
ReadmorePI policy carve outs for cladding – new MO effective 15 February 2020
Effective from 15 February 2020, the Victorian State Government has extended the permitted exclusions in ‘claims made’ professional indemnity policies relating to external wall cladding products to apply to all relevant industry professionals. Section 135 of the Building Act 1993 (Vic) allows the Minister for Planning to publish Ministerial Orders in the Government Gazette requiring […]
ReadmoreNon-compliant cladding extends to ‘Biowood’ composite cladding used as an external attachment
The Owners Strata Plan No 92888 v Taylor Constructions Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCAT [15 November 2019, Senior Member Boyce] (Taylor Constructions) The first decision in NSW involving combustible cladding has been handed down by the NSW Civil and Administrative Tribunal. Whilst most of the attention in recent times has […]
ReadmoreDevelopment Agreements, the devil may be in the detail
The New South Wales Supreme Court decision of Crown Sydney Property v Barangaroo Delivery Authority; Lendlease (Millers Point) v Barangaroo Delivery Authority[1] highlights the need for government entities entering commercial agreements, such as development agreements, to judiciously choose the language used and to carefully comply with the terms, or face the potentially costly implications of failing […]
ReadmoreNew development controls to protect koalas in South East Queensland
The koala is an Australian icon and was once commonly found in South East Queensland. However, as Brisbane and its surrounding communities have grown and expanded, koala populations have dramatically declined as a result of habitat loss and associated impacts from urbanisation. According to government figures, over the last twenty years, koala populations have decreased […]
ReadmoreRed card for borrower claiming application fee as penalty
With the recent lending slowdown in the Australian banking sector, lead by the Banking Royal Commission, tougher lending standards and tighter serviceability requirements, demand for alternative non-bank lenders continues to increase. It is common for a non-bank lender’s lending terms to include an up-front arrangement or origination fee in respect of the establishment of the […]
ReadmoreThe Victorian State Government’s Building Amendment (Cladding Rectification) Bill 2019 passes Parliament.
On 12 November 2019 the Building Amendment (Cladding Rectification) Bill 2019 passed State Parliament and the Building Amendment (Cladding Rectification) Act 2019 (new Act) has now received Royal Assent. The new Act enacts the State Government’s consumer focused ‘rescue package’ in relation to the funding of ‘cladding rectification work’[1] associated with ‘non-compliant or non-conforming external […]
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