07 August 2024
8 min read
#Property, Planning & Development
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The reforms, which amend the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP), will temporarily switch off the restrictions for development applications for dual occupancies and semi-detached dwellings, allowing them to run as complying developments in all R2 low-density residential zones.
The change opens 124 new local government areas across NSW to new development opportunities.
The few exceptions to this change are areas with high risk of natural hazards (such as bushfires and floods), land located near dangerous goods pipelines or hazardous aircraft noise and land that includes a heritage item.
As the local governments remain in control of the number of development consents they issue, it remains to be seen how and where these reforms will have the greatest effect.
More reforms are planned to follow in late 2024, to continue to target low and mid-rise housing. This second wave of reforms will open the R2 low density residential zones for townhouses, terraces and two storey apartment blocks near transport hubs and own centres, as well as allow mid-rise apartment blocks in certain R3 medium density residential zones.
For the relevant amending instrument implementing the reform, see here.
Author: Brandon Thai
Built environment sector sees record training levels
According to the latest data from BuildSkills Australia, more people are studying vocational qualifications in the built environment than ever before. Established under the Federal Government’s $442 million Jobs and Skills Councils initiative, BuildSkills Australia is dedicated to developing a strong, skilled workforce across the construction, property and water industries (2 August 2024). Read more here.
Australia must treat housing as a human right, says former Victorian Supreme Court judge
In a new book, Housing: The Great Australian Right, Bell says the values underpinning our modern housing system, where property is viewed as a commodity and instrument of private gain (where speculative investment is encouraged), rather than a home and human right, is a "national disgrace" (4 August 2024). Read more here.
Residents embrace high-rise living, but supply lagging as construction costs rise
Approvals for new dwellings in NSW have fallen to a 12-year low but the state government says it is working to reinvigorate the construction sector. The government has made changes to the planning approval process and is aiming to build high-density housing near transport hubs throughout the state. A former Sydney councillor says it is crucial that the buildings are high quality and do not destroy the heritage and vibrancy of communities (2 August 2024). Read more here.
Delivering a tougher environmental watchdog
The Minns Labor Government promised a tougher environmental watchdog and is delivering with the NSW Environment Protection Authority (EPA) taking on 70 prosecutions last financial year, with a success rate of 97%. As a result, a record $3.6 million in court-imposed fines and penalties were handed down. Licence breaches were the most common offence, closely followed by water and land pollution incidents. The Land and Environment Court of NSW dealt with 62% of prosecutions, with the remaining cases brought in the Local Court (3 August 2024). Read more here.
NSW to take action this week to appoint independent administrator for the CFMEU Construction and General Division
The NSW Government through the Minister for Industrial Relations has today filed an application in the Industrial Court seeking orders for the appointment of an administrator for the Construction, Forestry, Mining and Energy Union (CFMEU) NSW Branch, Construction and General Division. The NSW Government through the Minister for Industrial Relations has today filed an application in the Industrial Court seeking orders for the appointment of an administrator for the Construction, Forestry, Mining and Energy Union (CFMEU) NSW Branch, Construction and General Division (5 August 2024). Read more here.
The Owners Strata Plan No. 94784 v Mirvac Projects Pty Ltd (No 3) [2024] NSWSC 936
COSTS – party/party – orders against non-parties – personal costs orders against lawyers – where plaintiff ordered to pay defendant’s costs of plaintiff’s application to rely on evidence served in the face of a guillotine order – whether plaintiff’s solicitor should pay those costs – whether costs charged to plaintiff should be disallowed
Civil Procedure Act 2005 (NSW)
Hassanain v Commissioner for Fair Trading [2024] NSWCATAD 220
ADMINISTRATIVE LAW – Home building – application for individual contractor licence – application of Instrument – experience requirements – employee
Administrative Decisions Review Act 1997 (NSW) ; Civil and Administrative Tribunal Act 2013 (NSW) ; Home Building Act 1989 ; Licensing and Registration (Uniform Procedures) Act 2002 (NSW)
Harrison Inston t/a Ridgeline Roofing Solutions v Deborah Deitel & Russell Brennan [2024] NSWCATAP 147
CONSUMER LAW – APPEALS – Consumer Law – no error on a question of law established – whether extension of time should be granted – whether the appellant has suffered a substantial miscarriage of justice
Civil and Administrative Tribunal Act 2013 (NSW) ; Civil and Administrative Tribunal Rules 2014 ; Fair Trading Act 1987 (NSW)
Carbone v Fowler Homes Pty Ltd; Carbone v Fowler Homes Pty Ltd [2024] NSWCA 192
CONTRACT – contracts for residential building work – trial of claims for damages following dispute between owners and builder resolved by work being completed by builder – whether pleaded case extended to claim for damages for breach of contract, as opposed to deceit and statutory unconscionability – whether trial conducted on basis which departed from pleadings – whether primary judge erred in excluding valuation evidence and concluding no evidence of loss – effect of owners’ delayed payment of progress claims on their claims for damages – calculation of damages
Australian Consumer Law, ss 20, 21 and 236 ; Civil Procedure Act 2005 (NSW), s 56 ; Civil Procedure Act 2005 (NSW), ss 149A, 149B and 149E ; Contracts Review Act 1980 (NSW), s 9 ; District Court Act 1973 (NSW), s 127 ; Evidence Act 1995 (NSW), s 140 ; Home Building Act 1989 (NSW), s 18G ; Judiciary Act 1903 (Cth), s 44 ; Real Property Act 1900 (NSW) ; Supreme Court Act 1970 (NSW), ss 68, 75A ; Trade Practices Act 1974 (Cth), s 82 ; Uniform Civil Procedure Rules 2005 (NSW), rr 14.14, 28.2 and 51.40
Alam v Rahman [2024] NSWCATAP 144
APPEALS – BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – s 48K – Jurisdiction of Tribunal to hear and determine a claim as made – if claim as made over jurisdictional limit of the Tribunal
Civil and Administrative Tribunal Act 2014 ; Home Building Act 1989 (NSW), s 48J
Ross v Cochran t/as Cochran Homes [2024] NSWCATCD 5
CIVIL PROCEDURE – time – extension of time
BUILDING AND CONSTRUCTION – renewal application – defects claim
Civil and Administrative Tribunal Act 2013 (NSW) ; Home Building Act 1989 (NSW)
Ilhan v Easy Automatic Gate Pty Ltd [2024] NSWCATAP 150
APPEALS – constructive failure to exercise jurisdiction – no material error of law – appeal dismissed
APPEALS – leave to appeal – principles governing – leave to appeal refused
APPEALS – procedural fairness – failure of the builder to strictly comply with procedural orders – appeal dismissed
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – building dispute – where breach of statutory warranties by the builder not established
Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80, 81, Sch 4, cl 12 ;
Civil and Administrative Tribunal Rules 2014, rr 25, 38A ; Home Building Act 1989 (NSW), ss 4, 7AAA, 10, 18BCommencing 1 July 2024, reforms have been introduced by the NSW Government to increase permissibility of housing types on low-rise residential land, in a bid to combat the state’s long-standing housing crisis.
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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