All publications relating to ‘Property’
Construction related impacts should be considered in staged development applications
Construction related impacts should be considered in staged development applications: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Why is Bay Simmer important? Bay Simmer clarifies the interpretation of section 83B of the Environmental Planning and Assessment Act 1979. To be a staged development application, the application must…
A condition using the term “Applicant” can impose a restriction related to the identity of the user
A condition using the term “Applicant” can impose a restriction related to the identity of the user only – and may not “run with the land”: Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Why is Dravin important? We are probably all a bit lazy about throwing around phrases like “in rem” and…
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Connectivity turbo charges growth opportunities
Australia has notched up 103 successive quarters of economic growth. It’s 26 years since we had a recession, making us a global leader in terms of growth. Growth is important for any business, and it’s the lifeblood of the property sector. There have always been two key pillars of property growth; the population itself and…
Approach to classifying land as “residential” or “business” is confirmed
Approach to classifying land as “residential” or “business” is confirmed: Karimbla Properties v Council of the City of Sydney; Bayside City Council; and North Sydney City Council [2017] NSWLEC 75 Why is Karimbla important? Justice Sheehan confirmed the approach to determining when to categorise land as “residential” under section 516 of the Local…
Smart developers ride the slipstream of NSW’s $73 billion infrastructure investment
I work near Wynyard, in the heart of Sydney’s CBD. Like everyone else in the city I rarely need reminding that the State Government is investing heavily in infrastructure — though I do sometimes need reminding how to get across George Street while it’s being dug up for light rail. There are frustrations…
Developers play critical role building world-class Smart Cities across Australia
Any of us who has sat in gridlocked traffic on our way to the airport, faced a long train commute between home and work, and regularly struggles to find innovative young talent to employ, is unlikely to question the need for smarter cities. Australia needs cities – both metropolitan and regional –…
Amended Land and Environment Court Practices
IN SUMMARY The Chief Judge of the Land and Environment Court has issued new practice directions for policies aimed at streamlining merit appeals. Multiple adjournments of conciliation conferences with parties slowly meandering in an effort to reach agreement will no longer be permitted. If applicants wish to rely on amended plans…
Environmental Planning and Assessment Amendment Bill
The State Government has released the Environmental Planning and Assessment Amendment Bill 2017. The Bill is on public exhibition until 10 March 2017. Proposed amendments of note include:Development Applications The requirement to give reasons why a DA was determined the way it was. The reasons are designed to inform the community as…
The What, How and Why of Put and Call options
In Brief Put and call options are a useful way of allowing parties to enter into an agreement to sell or acquire land at a future point in time, requiring minimum upfront commitment. In the most simplistic of terms, rights granted under a put and call option are a future right to compel a seller…