20 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 […]
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 […]
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 […]
ReadmoreEPA Inquiry Report Released – Is the EPA destined for a significant overhaul?
The Victorian Government’s 10 months Inquiry into the Environment Protection Authority Victoria (EPA) concluded on 31 March 2016 and the findings of the Inquiry have now been released. The Inquiry was conducted by a three-person Ministerial Advisory Committee (MAC) and examined six key matters and ‘any other matter reasonable incidental to these matters’. The six […]
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