What's New in Property, Planning and Environment

Queensland-based property developer Pradella secures funding for the first stage of its latest residential project, Waters Edge, with two stages due for completion in 2012. This will form part of an overall $500 million redevelopment on a three-hectare West End site (19 November 2009)

Leasing deals are starting to gain momentum in the River City, according to property firm Jones Lang LaSalle (19 November 2009)

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In a bid to increase investment in Queensland, the Bligh Government will provide relief from duties paid to facilitate the restructure of stapled entities. Exemptions will be available for so-called “top-hatting” restructures of land rich corporations, listed public unit trusts and widely held public unit trusts (19 November 2009)

Retail activity is heating up in Brisbane’s Queen Street Mall, with the pending makeover of the Wintergarden Shopping Centre prompting an Expression of Interest campaign for businesses eager to secure space in the precinct (19 November 2009)

Small houses with no air conditioning, no fans and no landscaping are costing taxpayers $600,000 each to build in remote communities (19 November 2009)

Zillmere Joint Contact Centre has received the highest Green Star design rating ever given to an office building in Australia (18 November 2009)

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Aesthetic benchmarks set out in estate covenants and body corporate by-laws may have to be scrapped under Queensland Government changes to legislation aimed at improving sustainability, according to a solicitor. The legislation will affect both the Building Act and the Body Corporate and Community Management Act and the relevant provisions will come into force from January 1, 2010 (18 November 2009)

mor5eThe Housing Industry Association says Australia is experiencing the longest slump in new home building in its post-war history. The HIA's National Outlook report reveals this year marks the seventh straight year of weakness in housing starts (18 November 2009) See the HIA report here.

Despite the controversy surrounding Premier Anna Bligh's asset sales program, four key Queensland business leaders have stepped up to publicly endorse the inititative, reportedly declaring “asset disposals are a proven way to protect taxpayers, free up valuable public monies to fund major expansions in economic and social infrastructure and deliver operational efficiencies” (19 November 2009)

The State Government has unveiled sweeping plans to modernise Brisbane's public transport network - including an underground rail network to be built under the city over the next two decades (19 November 2009)

 

The Local Government Association of Queensland (LGAQ) says encouraging first homebuyers into the state's regions is a good policy for managing population growth (19 November 2009)

 

Ms Bligh has announced tenant farmers and other landowners in the Mary Valley can buy back their land at the same price they sold it for and the Government will pay the legal fees and waive stamp duty charges, but the actual buyback contracts will have to be negotiated after 31st of May 2010 (17 November 2009)

 

A new "development map" plotting current and planned projects shows a big vote of confidence in the Gold Coast as a mature urban centre, leading real estate group Colliers International says. Despite several high-profile casualties in the wake of the global financial crisis, nearly $69 billion worth of major development projects are under way or planned for the city (19 November 2009)

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The OECD has urged the Rudd government to review its $48 billion infrastructure stimulus spending to make sure it delivers value for money (20 November 2009)

 

Hundreds of sweetheart rent-back deals across the Mary Valley are under legal scrutiny in the wake of the scrapping of the Traveston dam project. Some owners who sold for millions of dollars then leased the property back long-term at peppercorn rents could now have to come up with the buy-back money within months or face eviction (19 November 2009)

 

An inquiry will begin into the benefits of applying new technology to infrastructure to slash traffic congestion, the Rudd Government has announced. As well as transport, the inquiry will focus on how ‘smart infrastructure’ can improve the communications, energy and water sectors (23 November 2009)

 

A Brisbane property developer jailed for forging cheques has lost an appeal against his convictions. He was jailed for three years in May after being found guilty in the Brisbane District Court of five counts of forgery with intent to defraud (20 November 2009)

 

The Climate Change and Sustainability Minister, Kate Jones, says a renewed compliance program outlined today will crack down on business and industry that do not follow their environmental obligations (18 November 2009)

 

C2009A00112 - Treasury

An Act to impose, as taxes, fees for things done under the National Consumer Credit Protection Act 2009 or the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009, and for related purposes Date Registered: 20/11/2009

 

Legislative Instrument Compilation (current) - F2009C01182

Number: SLI 2006 No. 160 Compilation Series: SLI 2009 No. 312

Date Registered: 17/11/2009

 

Legislative Instrument Compilation (current) - F2009C01184

Number: SR 2000 No. 181 Date Registered: 16/11/2009

Transport and Other Legislation Amendment Act No 47 of 2009

State Penalties Enforcement and Other Legislation Amendment Act No 48 of 2009

 

Proclamation commencing remaining provisions of the Greenhouse Gas Storage Act 2009 (SL No 254)

Electricity Amendment Regulation (No. 5) 2009 (SL No 255)

Transport Planning and Coordination Amendment Regulation (No. 1) 2009 (SL No 26)

Nature Conservation Legislation Amendment Regulation (No. 1) 2009 (SL No 257)

Water (Market Rules) Amendment Notice (No. 1) 2009 (SL No 258)

Proclamation commencing remaining provisions of the Right to Information Act 2009 (SL No 259)

Proclamation commencing remaining provisions of the Information Privacy Act 2009 (SL No 260)

Integrated Planning Amendment Regulation (No. 6) 2009 (SL No 261)

Nature Conservation (Protected Areas Management) Amendment Regulation (No. 5) 2009 (SL No 263)

Nature Conservation (Wildlife) Amendment Regulation (No. 1) 2009 (SL No 264)

Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment

Regulation (No. 1) 2009 (SL No 265) amends the Body Corporate and Community Management Act 1997, Gas Supply Act 2003, Property Agents and Motor Dealers Act 2000, Retirement Villages Act 1999, Supreme Court of Queensland Act 1991, Surveyors Act 2003

 

Integrity Bill 2009

Credit (Commonwealth Powers) Bill 2009

Transport Operations (Road Use Management—Interlocks) Amendment Bill 2009

Environmental Protection and Other Acts Amendment Bill 2009

PRACTICE AND PROCEDURE – discovery – redaction – legal professional privilege –irrelevance.

Defendant's solicitors took seriously their obligation to litigate this matter expeditiously, and attended to the matter with diligence - provision of an expert report - lack of adequate disclosure by the second plaintiff – matter reactivated

Injunction issued by this Court order that the applicant deliver vacant possession of premises - no evidence that the plaintiff had paid, or secured the payment of rent in premises in which she purports to be a tenant entitled to possession.

 

Appeals of adverse submitters (couples who were neighbours on different boundaries of site) ordered to be heard together - one couple agreed with developer on changes to the proposal to be put to respondent Council and applied to be excused from any further active role - opposition from the other appellants (concerned at their being excluded from the negotiations) - directions made for further conduct of their appeal, when developer sought adjournment of hearing

 

Claim against fund under Property Agents and Motor Dealers Act 2000 section 470 - Claim against company in liquidation- Leave to proceed not necessary- Extension of time

 

Claim against fund under section 470 Property Agents and Motor Dealers Act 2000 – Claim arising out of “marketeering contraventions” – Whether purchase was of a “non-investment residential property” – PAMDA sections 469, 469A, 471(2)(h), 471A, 488B – Basis for assessment of “financial loss” after re-sale – Whether extension of time should be granted

 

Claim against fund under section 470 of Property Agents and Motor Dealers Act 2000 – “Marketeering contravention” under section 469 – “Non-investment residential property” – Relevant financial loss confined to capital loss on – sale – PAMDA sections 471A, 488B – No claim if property resold at profit – Extension of time refused

 

Service contract with body corporate- Request for review of remuneration under section 133 of Body Corporate and Community Management Act 1997- Trustee entering into service contract as trustee- Death of sole trustee- Whether valid transmission of trustee’s interest- “Successors” of both parties bound- Whether substituted trustee a “successor”- Whether substituted trustee entitled to benefit of contract- Whether assignment of interest occurred requiring body corporate’s consent-Whether s 16(2) of Trusts Act 1873 complied with- Whether new trustee a “person” under section 130(1) of Body Corporate and Community Management Act 1997 - Whether a fresh later request may be made following an invalid request

 

Adjustment of lot entitlements in Contribution Schedule of Community Titles Scheme – Different types of buildings on scheme land – Different cost effects for different buildings

 

TRADE AND COMMERCE – OTHER REGULATION OF TRADE OR COMMERCE – STATUTORY REGULATION OF PARTICULAR MATTERS – MISCELLANEOUS STATUTORY REGULATION – where respondent was a blueberry farmer in New South Wales, whose products were sold at a market stall in Queensland – where a routine inspection at the stall in Queensland found that the respondent’s product weighed less than the advertised weight – where the respondent was charged with 11 offences under s 32(1)(a) of the Trade Measurement Act 1990 (Qld) – where the product was packed in New South Wales, but the short measure was discovered in Queensland – whether s 32(1)(a) requires that the product be packed in Queensland and the short measure discovered in Queensland – whether the same result flows from application of s 12 of the Criminal Code 1899 (Qld) – whether the Magistrates Court had jurisdiction to hear the matter

 

CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES – FORGERY AND UTTERING – FORGERY – where appellant convicted by jury of five counts of forgery with intent to defraud – where appellant sentenced to concurrent terms of three years imprisonment with parole release fixed at 15 months – where appellant argued that trial judge misdirected the jury and denied him a fair trial – whether appeal should be allowed- Bank accounts – cheques – property development company

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – OTHER MATTERS – where the appellant was developing a new coal mine and agreed to sell a share of the project to the respondent – where the agreed price to be paid by the respondent was subject to certain adjustments contained in the sale purchase agreement – where a certain adjustment in cl 6.9 required the respondent to pay an additional amount if the cost to the appellant of advancing the project to completion exceeded a specified figure – where the appellant invoked this clause to claim an increased purchase price from the respondent – where the respondent disputed that the specified figure was exceeded, on the basis that an amount owed to a particular consultant was not included or had not been paid before completion of the contract of sale – whether the phrase ‘amount expended by the Vendors’ in cl 6.9 of the contract includes undischarged liabilities

ENVIRONMENT AND PLANNING – Appeal against infrastructure charge notice – whether appeal is a merits review pursuant to s 4.1.52 – whether appellant entitled to a credit – whether use had been “established” – whether error in calculation of transport network infrastructure charge – meaning of equivalent full time enrolment – whether that is less than maximum enrolment permitted

Submitter appeal against approval of (among other things) a “single unit dwelling” – proposal failed to meet acceptable solutions for lot size, plot ratio and height in Brisbane City Plan 2000 (Residential Design – Single Unit Dwelling Code) – whether underlying performance criteria satisfied – whether amenity impacts on neighbouring dwelling (sunlight, daylight and privacy) “minimised” – whether proposed building overbearing, inconsistent with low to medium density of locality – whether impacts of a compliant building similar or worse – whether there could be a “compliant building” at all given small size of proposed lot

 

Adverse submitter appeal – preliminary hearing – whether relief should be granted where developer did not comply fully with public notification requirements of its development application – although signs were placed on the principal road frontages of the site, there was none placed on a stub road meeting a rear boundary of the site remote from the proposed development – notification period should have been 30 (not, as given, 15) business days on account of a wetland on the site – the extended period required did not run during the Christmas-New Year period – court satisfied no person’s opportunities to exercise rights were “substantially restricted”