What’s New - Property Planning Environment

 

Hundreds of property industry jobs have already been lost and thousands more are threatened with the global economic crisis stalling development in Brisbane. With the cancelling of significant projects in the Brisbane CBD, including Vision tower, North Bank, and Empire Square, and with developers unable to get finance to take on new projects, thousands of potential construction jobs have disappeared. The Property Council of Australia is warning the drop in jobs could be as much as 30 per cent (20 March 2009)

 

Federal and state governments have decided to delay the national rollout of electronic conveyancing in a move that is set to wipe out cost savings for homebuyers worth hundreds of millions of dollars. Instead of introducing e-conveyancing nationally by March next year, all governments have decided that the new system should now be made available by the end of 2011 (20 March 2009)

 

The federal Government's "Ruddbank" could be used to underwrite a $1 billion Brisbane apartment building project after its developer was forced to freeze work on the site because it had lost access to foreign credit. Wayne Swan said the proposed Australian Business Investment Partnership fund was specifically designed to ensure viable projects such as the Vision Tower building were not scuttled because of the collapse of overseas credit markets (18 March 2009)

 

The developer of one of the first projects likely to apply to the federal Government's $4 billion "Rudd Bank" scheme is struggling to find buyers for more than 80 apartments priced at between $1million and $3.9 million. Austcorp, which is developing the $1billion Vision tower on Mary Street in central Brisbane, was attempting to sell high-end apartments into the difficult prestige property market (19 March 2009)

 

A Multi-million-dollar futuristic redevelopment plan could turn the Murwillumbah Bowls and Sports Club into the town's biggest supermarket complex - with bowls continuing to take place on the roof. Tweed Shire Council's planning chief Vince Connell has warned the immediate surrounding area is residential, the current zoning of the land does not suit a supermarket and the council would need to study further details (18 March 2009)

 

Northern Queensland – ‘green’ capital of Australia?
Townsville Enterprise is embracing the trend of green living by capitalising on north Queensland’s possibilities for renewable energy (18 March 2009)

Graziers meet with minister over mine contamination
The Lady Annie Mine, 120km northwest of Mount Isa, has been ordered to undertake remediation works following heavy metal contamination of rivers in north-west Queensland (17 March 2009

 

Local and overseas buyers, led by Macquarie Group and the British takeover specialist Terra Firma Capital Partners, are engaged in a frenzy in the north of the country which has made the past three months the most hectic period of property activity in the 185-year history of grazing (21 March 2009)

 

Author: Andrew Beatty

Source: Lawyers Weekly, No 427, 13 March 2009: p16-17

 

Source: Queensland Environmental Practice Reporter, Vol 14, Issue 65 2009: p120-127

 

Source: Queensland Environmental Practice Reporter, Vol 14, Issue 64 2009: p91-100

 

Source: Queensland Environmental Practice Reporter, Vol 14, Issue 64 2009: p101-102

 

The purpose of the amendments to the 6 Infrastructure Contributions Planning Scheme Policies is to provide an improved mechanism for Council to recover the costs of development infrastructure. The Integrated Planning Act 1997 requires that contributions are calculated and imposed on an equitable and transparent basis. Public exhibition commenced on Friday 13 March, and comment and submissions are available until 9 April 2009 http://www.brisbane.qld.gov.au/

Legislative Instrument - F2009L01022 Number: SLI 2009 No. 43

These Regulations amend the Airports Regulations 1997, Airports (Building Control) Regulations 1996, Airports (Control of On-Airport Activities) Regulations 1997, and Airports (Environment Protection) Regulations 1997

 

National Greenhouse and Energy Reporting Amendment Bill 2009 Bill - C2009B00044

A Bill for an Act to amend the National Greenhouse and Energy Reporting Act 2007, and for related purposes Date Published: 18/03/2009

 

Claim on PAMDA Fund – Trust account defalcation by real estate agent.

Form of order – service direction designed to avoid departmental delay in making payment through combination of section 92 of the Commercial and Consumer Tribunal Act 2003 and section 489(2)(a)(ii) of Property Agents and Motor Dealers Act 2000

 

Claim on Property Agents and Motor Dealers fund – trust account defalcation by real estate agent – service direction designed to facilitate payment from fund.

 

Integrated Planning Act 1997 s 3.5.11, s 3.5.15(3), s 3.5.17, s 4.1.28 – adverse submitter appeals – whether premature – Council as assessment manager sent decision notice to developer applicant advising preliminary approval of commercial and community uses, refusal of application for similar approval for industrial uses – Council sent submitter appellants copy of the decision notice not including anything regarding their appeal rights (although applicants’ appeal rights were advised) – applicants made representations to Council, which might if accepted lead to a negotiated decision notice – ordinarily, submitters would be advised only of the ultimate decision notice – whether appeals before Council responded or its formal notification were premature and invalid – whether appeals could be stayed pending Council’s reaching its view

Moon v Gold Coast City Council & Anor; Littleford v GCCC & Anor [2009] QPEC 007

INTEGRATED PLANING ACT – Whether appellant can apply for leave to withdraw abandonment of previous application for the court to declare the actions of the co-respondent were ultra vires – Whether the court has power to grant such an application – where decision to abandon considered and deliberate- where applicant’s delayed – where prospects of succeeding in withdrawn application not strong- Where no prejudice to appellants if application is refused

 

PLANNING AND ENVIRONMENT – Application for residential development in light industrial area – whether proposed development conflicted with City Plan – character, amenity of area, height, scale and bulk of proposal – whether near public transport – interpretation of Bulimba District Local Plan

PLANNING AND ENVIRONMENT – Meaning of “interfering with a State resource” – whether application a properly made application within s5.3.2.1 (7) IPA – whether s4.1.5A IPA enlivened to relieve appellant from consequences of application not being a properly made application

CONTRACTS – GENERAL AND CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – OTHER MATTERS – where contract for buyer to purchase a lot in a development to be constructed – where cl 8.2 of the contract provided that the seller could extend the date for establishment of a community titles scheme and obtaining the certificate of classification for the development if delays in completion of the development were due to events specified in cl 8.3 – where contract provided that any dispute between the buyer and the seller as to whether the delays in completion had been caused by a cl 8.3 event must be referred to the seller’s architect to decide – where architect required to act as an expert and not as an arbitrator and the architect’s decision was final and binding – where the buyer sought a declaration as to the construction of cl 8.3 – whether there was any utility in the court making the declaration

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – OFFER AND ACCEPTANCE – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where offer and acceptance expressly stated to be unconditional – where main terms agreed between parties – where agreement contemplates drafting of put and call by lawyer – where appellant alleges language used not determinative of intention to be bound – where appellant alleges lack of agreement on further terms indicative of absence of intention – where appellant alleges agreement conditional on drafting of put and call by lawyer – whether correspondence evidencing agreement constitutes a concluded contract

CONVEYANCING – STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE – PROTECTION OF PURCHASERS – OBLIGATIONS ON VENDOR: DISCLOSURE, WARNINGS AND LIKE MATTERS – where respondent developer acquiring land as stock – where appellant non-compliant with Property Agents and Motor Dealers Act 2000 (Qld) (PAMDA) requirements – where PAMDA affords respondent statutory remedies for non-compliance by appellant – where parties conducted negotiations without regard to PAMDA requirements – whether non-compliance with PAMDA renders agreement non-binding

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – STATUTE OF FRAUDS, SECTION 4 – NOTE OR MEMORANDUM – CONTENTS – DESCRIPTION OF PARTIES – where appellant alleges that correspondence evidencing agreement does not on its face identify respondent as party to contract – where correspondence omits proprietary limited designation for body corporate – where correspondence provides other identifying particulars sufficient to identify respondent as party to contract – whether correspondence inadequate note or memorandum under s 59 of the Property Law Act 1974 (Qld)