18 September 2024
4 min read
#Property, Planning & Development
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In our previous article, Missing in action – what has become of the draft building reforms?, we speculated as to what had become of the draft building reforms.
Readers will recall that in 2022, a suite of draft reforming legislation was published for public consultation, comprising the:
According to a number of industry groups, including Engineers Australia and the Australian Institute of Architects, the draft building reforms have resurfaced for industry consultation, now due in October.
It is suggested that the reforms would not take effect this year and certainly the drafters will have spirited feedback to navigate from industry groups, before final bills are presented to parliament.
Author: Christine Jones
Criminal elements still influential in CFMEU construction division, report finds
A preliminary investigation into the CFMEU's construction division has found it is still influenced by bikies and attempts to remove criminal elements were "inadequate", following its entry into administration. The investigation by Geoffrey Watson SC found the union was "caught up in a cycle of lawlessness". (16 September 2024) Read more here.
Higher towers, smaller homes, fewer car spaces recommended to solve NSW housing crisis
A report released by the Productivity and Equality Commission today has flagged a number of recommendations to help New South Wales to meet its housing targets. Despite NSW committing to building 377,000 new homes by mid-2029, building approvals have lagged this year. The report states that more higher-density zones and cutting apartment design requirements are some measures that could help the state reach its housing targets. (11 September 2024) Read more here.
Home values hit record highs, climbing in all states except Victoria
Property values around the country have surged to record highs, with the average Australian home now worth more than $970,000, as values soar across NSW but grind down in Victoria. The numbers could be a worry for the Reserve Bank if households feel wealthier because of the rising value of their properties and spend more as a result, defying its efforts to curb spending. (10 September 2024). Read more here.
Developer to launch audacious bid for the old Sydney Fish Market
A former development proponent of the Sydney Fish Market is staking an audacious claim to legal rights over the old site in a move that will create more drama for the government as it prepares to open new state-of-the-art premises next door. Dominic Galati, an infant formula entrepreneur who was part of a joint venture proposing to develop the existing site a decade ago, has asked Premier Chris Minns through his solicitors to freeze the expressions of interest process for tenancies at the new site while matters arising from a decision by the NSW Court of Appeal last year are investigated. (14 September 2024). Read more here.
More than two-thirds of Australian homes have building issues, new report says
New Australian Housing and Urban Institute research has found that about 70 per cent of households have reported building quality problems. It also found that most of Australia's existing housing stock was energy-inefficient, with an energy rating of three stars or lower, and were of poor quality. (10 September 2024). Read more here.
Ultra Construction Pty Ltd v Lift Shop Pty Ltd [2024] NSWSC 1150
APPEAL AND REVIEW – appeal from the Local Court – contract – contract for the construction of a lift in residential premises – whether Magistrate erred by failing to make a finding as to the commencement date of the contract – whether Magistrate erred by finding time for performance ran from initialling of the contract – whether Magistrate erred in finding no repudiation by Lift Shop – whether Magistrate failed to take into account critical evidence – whether Magistrate erred in finding there was no contractual obligation to install – whether Magistrate failed to provide adequate reasons
Roxy Pacific Killara Pty Ltd v The Owners – Strata Plan 10053 [2024] NSWCATAP 177
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – S 48O discretion – Defects
Thakur v Secretary, Department of Customer Service [2024] NSWCATOD 150
ADMINISTRATIVE LAW – administrative review – Home Building – applications for contractor licences – individual and company – employee – remuneration – not a subcontractor
Environmental Planning Instruments
Bega Valley Local Environmental Plan 2013 (Amendment No 46) (2024-481) – published LW 13 September 2024
Blue Mountains Local Environmental Plan 2015 (Amendment No 22) (2024-482) – published LW 13 September 2024
Byron Local Environmental Plan 2014 (Amendment No 42) (2024-483) – published LW 13 September 2024
Parramatta Local Environmental Plan 2023 (Amendment No 10) (2024-484) – published LW 13 September 2024
Disclaimer
The information in this publication 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 newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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