Minister intervenes in the ‘Great Wall’ of high rise development in Frankston
Last week the Minister for Planning approved Amendment C162, which applies the Design and Development Overlay Schedule 14 (DDO14) on an interim basis (until 27 October 2023), to land bordered by Nepean Highway, Kananook Creek Boulevard, Beach Street and Wells Street, Frankston (the Amendment). The Amendment amends Planning Scheme Map No. 4DDO and inserts a […]
ReadmoreBuild-to-Rent short series | Subdivisional solutions
The Gadens Build-to-Rent short series will focus on emerging property and development issues that affect Build-to-rent (BTR) projects – covering planning, subdivision structuring, fund through models and management issues. Click through the following links to read each instalment. Build-to-Rent short series | Has the planning scheme caught up? Subdivisional solutions BTR Projects often seek to […]
ReadmoreBuild-to-Rent short series | Has the planning scheme caught up?
The Gadens Build-to-Rent short series will focus on emerging property and development issues that affect Build-to-rent (BTR) projects – covering planning, subdivision structuring, fund-through models and management issues. Click through the following links to read each instalment. Build-to-Rent short series | Subdivisional solutions Has the planning scheme caught up? As BTR projects are increasing in popularity […]
ReadmoreBuy Now Pay Later: ‘Walks like a duck’ regulation announced
On 22 May 2023, the Treasury announced that the Buy Now Pay Later (BNPL) industry will be regulated under the National Consumer Credit Protection Act 2009 (Credit Act). The move was announced by the financial services minister and assistant treasurer, Stephen Jones MP, at the Responsible Lending & Borrowing Summit. The announcement confirms that the […]
ReadmoreA novel approach to review of ‘too high’ land valuations in Victoria
On 9 March 2023 the Victorian Civil and Administrative Tribunal (VCAT) has sought to settle a much contested area of law in respect to the review of a valuation of land in the preliminary decision in S & JG Investments Pty Ltd v Valuer-General Victoria (Land Valuation) [2023] VCAT 246 (S & JG Investments). In […]
ReadmoreGreening Melbourne: Amendment C376 Melbourne Planning Scheme (Sustainable Building Design Amendment)
The City of Melbourne has set a goal to hit net zero emissions by 2040. Currently, buildings in the Melbourne CBD account for approximately 66% of the City’s total carbon emissions. By comparison, throughout the rest of Victoria, buildings account for approximately 25% of total carbon emissions. What does Amendment C376 propose to do? Amendment […]
ReadmoreIs your rent review void? VCAT finds a cap on CPI review void under Section 35(2) of the RLA
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), has found that a cap on a CPI review falls foul of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA) resulting in the rent being determined by market review in accordance with section 35(7) of the RLA. In this case, Q St […]
ReadmoreRegulatory action for greenwashing is upon us
Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
ReadmoreIs it really chicken! VCAT says no, confirming Landlords are entitled to withhold consent to an assignment of lease
A recent VCAT decision, Southern Restaurants Pty Ltd v United Petroleum Pty Ltd [2022] VCAT 666, has confirmed that an objective test applies under Section 60(1)(a) of the Retail Leases Act 2003 (Vic) when landlords are looking to refuse consent to an assignment of a lease on the basis that an assignee proposes to use […]
ReadmoreProposed changes to Retail Leases Act 1994 (NSW)
It is proposed to change the Retail Leases Act 1994 (NSW) (Act). The changes would be made by way of the passing of the Retail Leases Regulation 2022 (Draft Regulation). What is the current status? The Draft Regulation is currently out for public consultation. When is this proposed to commence? 1 January 2023. What are […]
ReadmoreVCAT returns to in-person planning and valuation hearings
After more than 2 years of online hearings, this week VCAT reintroduced in-person planning and valuation hearings where appropriate. This Gadens planning update provides an overview of what hearings will now be held in person, what we can except in the hearing rooms and the COVID-19 safety measures that have been implemented. What hearings and […]
ReadmorePlanning agenda set for the suburban rail loop (If it goes ahead)…
The most contentious infrastructure project of the upcoming 2022 state election campaign is the Suburban Rail Loop (SRL). While construction is already underway on SRL East, Leader of the Opposition, Matthew Guy has promised that a Coalition government would “shelve the SRL”. In the lead up to the polls, this Gadens planning update provides an […]
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