News
Call to fight recession with laneway barsLocal architects believe Brisbane City Council should fight the recession by relaxing its planning guidelines to enable the growth of small bars and a "laneway culture" outside Fortitude Valley's nightclub precinct. Brisbane City Council said small bars did fit within the existing city plan, however they were interested in modifications which could encourage a greater diversity of small businesses (20 April 2009)
http://www.brisbanetimes.com.au/qld-news/call-to-fight-recession-with-laneway-bars-20090420-abo9.html
Energy industry warns of blackout Consumers face possible blackouts and power stations could go broke unless the Rudd Government offers an extra $6billion worth of free permits under its planned emissions trading scheme, the energy sector has warned. If the extra assistance is not forthcoming, the sector, responsible for about 70 per cent of Australia's carbon emissions, will ask the Government for a Rudd Bank-style financing facility to help raise the capital (14 April 2009)
http://www.theaustralian.news.com.au/story/0,25197,25330984-5013871,00.html
Port of Gladstone dredging project set for stringent assessment A comprehensive dredging program for the Port of Gladstone will be subject to the strictest environmental assessment available according to the State Government, declaring the Western Basin Strategic Dredging and Disposal Project “significant” to trigger an Environmental Impact Statement (EIS) process (15 April 2009)
http://www.dip.qld.gov.au/%20%20index.php?option=com_content&task=view&id=697&Itemid=838
Articles and Reports
Conveyancing and Property: Peter Butt
Sale by registered mortgagee p148
Sale by second (unregistered) mortgagee p149
When is an “exception” a “reservation” p150?
The dangers in time provisions (1) Don’t’ be early and (2) Don’t be late p151-152
The Conveyancing game p152
Source: Australian Law Journal, Vol 83, No3, April 2009
Planning against the current Integrated Water Cycle Management
Source: Queensland Planner, Vol 49, No 1, March 2009: p5
Managing Place change: the iconic Queensland Places Act 2008
Source: Queensland Planner, Vol 49, No 1, March 2009: p9
The Regional Planning dilemma: Ex Sugar Cane Lands
Source: Queensland Planner, Vol 49, No 1, March 2009: p12
Planners or lawyers: a lawyers perspective – who determines the merit of Queensland planning
Source: Queensland Planner, Vol 49, No 1, March 2009: p19
The truth about building performance
Author: David Langdon
Source: Property Australia, April 2009: p46-47
Long-held assumptions about the re-lifing and greening of existing office space
Making pre-commitment work for you: corporate real estate
Author: Rodney Timm
Source: Property Australia, April 2009: p52-53
Risks – site and planning, building specification, program and delivery, landlord harmony and occupancy risk
Govt needs to tackle water corruption Author: Kellie Tranter
Source: ABC and Online Opinion, 17 April 2009
Instead of propping up ailing share and property prices and probably doomed financial institutions, what about our superannuation fund managers use our compulsory savings to secure water supplies
http://www.abc.net.au/news/stories/2009/04/17/2545722.htm
The mother of all oil spills
Author: Ravi Naidu
Source: Online Opinion, 9 April 2009
The recent Queensland oil spill obscures another, far larger, spill - one more risky to the public and Australian environment - tens of thousands of leaks and spills on land.
http://www.onlineopinion.com.au/view.asp?article=8769
Legislation
Commonwealth
Queensland
RegulationsDisaster Management (Further Extension of Disaster Situation-Brisbane) Regulation (No. 3) (No 30 of 2009) amends the Disaster Management Act 2003
Proclamation commencing remaining provisions of Planning (Urban Encroachment—Milton Brewery) Act 2009 (SL No 34 of 2009)
Local Government Legislation Amendment Regulation (No. 1) (SL No 35 of 2009)
Disaster Management (Further Extension of Disaster Situation—Brisbane) Regulation (No.4) (SL No 36 of 2009)
http://www.legislation.qld.gov.au/LEGISLTN/SLS/2009/00_Weekly_Table.pdf
Cases
Harding v Brisbane City Council & Anor [2009] QPEC 021 Integrated Planning Act 1997 s4.1.52(2)(b) - minor change where developer now propose to dedicate a 3.5 metre strip along its frontage of narrow lane to alleviate concerns that vehicles parking would obstruct passing of traffic
http://www.sclqld.org.au/qjudgment/2009/QPEC/021
Norris Clarke & O'Brien Pty Ltd v Gold Coast City Council & Anor [2009] QPEC 022 Uniform Civil Procedures Rules r389 - leave to appellant to proceed after delay in excess of a year without giving one month's notice to the other parties
http://www.sclqld.org.au/qjudgment/2009/QPEC/022
Filestock Pty Ltd v Caboolture Shire Council [2009] QPEC 023 Integrated Planning Act 1997 s4.1.52 (2) (b) - appeal against deemed refusal of application for reconfiguration. Minor change where access was now to be taken by a cul-de-sac road entering from the street to which the site had frontage, rather than by a much longer cul-de-sac road to another street dependent on part of the road being provided on adjacent land not yet developed - the new access arrangement was conformable with the Councils long term planning
http://www.sclqld.org.au/qjudgment/2009/QPEC/023
Doolan v Brisbane City Council [2009] QPEC 024Developer appeal launched on basis of a deemed refusal, on day after which Council advice of an actual refusal was received - appeal to proceed - the appellant was always agent for a client - client substituted as appellant
http://www.sclqld.org.au/qjudgment/2009/QPEC/024
PMM Group Pty Ltd v Brisbane City Council [2009] QPEC 025 Integrated Planning Act 1997 s4.1.52(2)(b) - revised road layout in 23 lot subdivision (now reduced allaying council's drainage concerns) to 21 - increased park provision and an environmental protection zone covering vegetation on 8 lots held "minor change" - the road changes are conformable with what the adverse submitter (desirous of itself providing one of the roads)- wanted
http://www.sclqld.org.au/qjudgment/2009/QPEC/025
Reed Construction (Qld) Pty Ltd v Frankpile Australia Pty Ltd [2009] QSC 083 PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER RULES OF COURT – PLEADING – Application to strike out parts of statement of claim – supply of particulars with more to come after disclosure of documents – whether defendant should be required to plead to statement of claim in its present form
http://www.sclqld.org.au/qjudgment/2009/QSC/083
Cooper v Department of Natural Resources and Water [2009] QLC 0050Valuation of Land Act – s.14 (5) – restrictions relevant to use – general restrictions irrelevant – conditions do not operate as restrictions if they do not impair highest and best use – condition need not be relied on if the terms of the condition are reflected in the fee-simple value
Valuation – cost of establishing services – not mathematically relevant to value – disabilities to be considered in determining value – appeal dismissed
http://www.landcourt.qld.gov.au/decisions/PDF/RV2008-0825-etc.pdf
Salvemini v Minister for Natural Resources and Water [2009] QLC 0052Practice and procedure – evidence – rule 23(4) – exchange of expert reports – valuers not permitted to provide oral valuation
Valuation – unimproved value – highly improved sales – rejected in favour of lightly improved sales
Valuation – paucity of sales – sales from different locality employed
Valuation – rural residential – site value preferred to value per hectare
http://www.landcourt.qld.gov.au/decisions/PDF/LA2008-0177-appeal-s428.pdf
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