CB Cold Storage
The Victorian Court of Appeal has now confirmed Croft J’s decision in CB Cold Storage Pty Ltd v IMCC Group Pty Ltd [2017] VSC 23 that a lease of a wholesale cold storage facility is a “retail premises lease” caught by the provisions of the Retail Leases Act (RLA), dismissing an appeal by the landlord […]
ReadmoreThe Better Apartments Design Standards
Following the Better Apartments Draft Design Standards released late last year (refer to our Article here), Amendment VC136, which introduces the final version of the Better Apartments Design Standards (BADS) into all Victorian planning schemes, was gazetted on 13 April 2017. The BADS are an entirely new set of standards which are now applicable to […]
ReadmoreNew 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 […]
ReadmoreApplication of RLA
The recent decision in CB Cold Storage Pty Ltd v IMCC Group Pty Ltd [2017] VSC 23 (CB Cold Storage) could mean that for landlords leasing premises to industrial or warehousing businesses in Victoria, land tax may not be recoverable from the Tenant, market rent reviews that do not allow the rent to decrease may […]
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 […]
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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