The Property Mill – New South Wales – 10 September 2013

September, 2013

In The Media

Brisbane leads August recovery as Melbourne and Perth record weakest monthly change

Brisbane dwelling prices bounced back 1.5% over the month of August, according to RP Data. The median dwelling price in Brisbane is currently at $429,000 – up 1.7% for the quarter and 2.5% for the year (02 September 2013)

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New legislation for alternatives for accessibility

Since the introduction of the Disability (Access to Premises – Buildings) Standards 2010, the property industry has been awash with misinformation about how existing property assets must be upgraded to comply with the new legislation (31 August 2013)

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City Tattsersall club enters new development

One of the largest clubs in central Sydney has released an indicative development option for its CBD premises, proposing a 48-floor building with mixed-use potential. Colliers International will commence a six-week ‘expressions of interest’ campaign to attract a developer specialising in large-scale, high-rise development projects (02 September 2013)

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Government changes planning rules for smaller houses and land in Sydney

The Urban Taskforce say the NSW Government proposals to change planning rules to allow smaller lot sizes, studios and townhouses in Growth Centres will help housing affordability in Sydney. The new Dwelling Density Guide issued by the government demonstrates many examples of successful designs of smaller homes (29 August 2013)

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Government offers city renters $7000 grant to buy in regions

As part of an overhaul of the NSW government’s underperforming regional relocation grant scheme, city renters will be offered $7000 to buy property in rural areas. New rules for the scheme include a minimum relocation distance of 100 kilometres to end rorting of the grant (28 August 2013)

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Housing construction at a ten year high: new homes up 35% on last year

The number of new homes being built in Sydney has jumped by more than a third in a year hitting a ten year high, indicating the NSW Government’s policies to boost the housing sector are working, according to the NSW Premier (24 August 2013)

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Planning approval for new major event facilities at Darling Harbour

Deputy Premier welcomes planning approval for the development of new convention, exhibition and entertainment facilities and a major upgrade to the public realm at Darling Harbour. Lend Lease is developing the hotel and a residential/commercial development under two commercial agreements that are separate to the PPP (24 August 2013)

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Wynyard ‘unsolicited proposal’ moves to stage two

The NSW Premier announces an ‘unsolicited proposal’ from Brookfield to combine its One Carrington Street development with improvements to the public access areas for Wynyard Station has moved to Stage Two. The proposal includes a 21 year extension of the existing 99 year land leases, which would then run to 2110 (22 August 2013)

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Cong Xu v Austino Property Development Pty Ltd [2013] NSWSC 1177

CONVEYANCING – Non-compliance with condition – purchaser’s remedies – rescission – pursuant to condition giving right to rescind – loss of right – election between inconsistent rights – whether entry into negotiations for early occupation of property was conduct inconsistent with the right to rescindCONTRACTS – general contractual principles – election – loss of right to rescind – whether entry into negotiations for early occupation of property was conduct inconsistent with the right to rescind a contract for the sale of land

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Wang v Garland Lot 3 Pty Ltd [2013] NSWSC 1112

Plaintiff is entitled to an award of damages against the first defendant for breach of contract of $113,000 plus interest to be calculated.

CONTRACTS – disagreement as to purchase price – wrongful termination of contract – whether inclusion of powder room express or implied term – counterpart contracts contained different amendments – whether parties agreed to be bound by terms in defendants’ counterpart that were not included in plaintiff’s counterpart – First Home Owner Grant Act 2000

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Great Lakes Council v French [2013] NSWLEC 141

CIVIL ENFORCEMENT – section 121B order served by the Council requiring work to be done not complied with – construction of numerous buildings without development consent – use of land not in accordance with development consent for educational bush camp for school children – exercise of discretion to make orders restraining breach

Environmental Planning and Assessment Act 1979 s 76A, s 121B, s 124

Great Lakes Local Environmental Plan 1996

State Environmental Planning Policy No 14 – Coastal Wetlands

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Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138

APPEAL – appeal against Commissioner’s decision on a question of law – refusal of development application concerning proposed construction and use of two buildings for takeaway food premises and associated works – development with frontage to classified road – whether Commissioner erred in construing the relevant criteria governing approval of development on land with frontage to a classified road – “where practicable, vehicular access to the land is provided by a road other than a classified road” – Commissioner did not err in finding in that vehicular access be provided by a road other than the classified road, but did err in construing the requirement that such vehicular access be “where practicable” – whether it was fair and reasonable for an order for costs to be made in favour of appellant – not fair and reasonable to make costs order – appeal allowed – matter remitted

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The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270

Appeal allowed. STRATA PLANS – duty of owners corporation to renew or replace mechanical exhaust ventilation system pursuant to Strata Schemes Management Act 1996, s 62(2) – whether duty extended to installing additional system to service plaintiff’s lot – whether proprietary right of plaintiff in common property imposed such a duty – validity of special resolution pursuant to s 62(3) of the 1996 Act determining that it was inappropriate to renew or replace system – whether special resolution constituted a fraud on the minority

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Contact Mills Oakley


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Andrew Logan | Partner
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Patrick Thaung | Partner
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