Author: Craddock Murray Neumann Lawyers
Publish Date: Jul 02, 2008
The state's recent planning laws have come under scrutiny, sparking calls by the Local Government and Shires Associations of NSW (LGSA) for an Upper House Inquiry.
Legislative Review Committee places new laws under the spotlight
In a statement date 9 June 2008, the LGSA said the cross-party Legislative Review Committee found 20 problems with the laws, namely the:
- Building Professionals Amendment Bill 2008;
- Environmental Planning and Assessment Amendment Bill 2008; and
- Strata Management Legislation Amendment Bill 2008.
The review found the new laws:
- would infringe on the individual rights of property owners;
- contradict procedural fairness; and
- provide unrestricted power to the Minister.
Review finds changes to consent authority "oppressive"
In particular the review highlighted the oppressive official powers implied by the Environmental Planning and Assessment Amendment Bill 2008.
According to the review,a consent authority cannot, without the approval of the Minister, refuse a Crown development application or impose a condition on its consent to a Crown development application. However this means there is no opportunity for a person to make their case or representation to the consent authority, if there is objection to the Crown development application.
"The Committee considers these official powers appear to unduly trespass on individual rights to have their views heard and represented by making the consent authority unable to refuse or impose conditions on a Crown development application without the prior approval of the Minister,"the Committee stated.
LGSa calls for an Upper House Inquiry
The LGSA said the findings of the party back up the call for an Upper House Inquiry into the bills.
According to LGSA president, Genia McCaffery, the committee's findings are "proof" that there are "serious problems" with the proposed planning laws and they are "not ready" to be passed in their current format.
"These bills have clearly been prepared in haste, with considerable amounts of vital detail left out. The report confirms that the rights of local residents are seriously under threat," Ms McCaffery said.
Shires Association president Bruce Miller added parliament has a responsibility to scrutinise legislation that has the "potential to strip away the rights" of local residents.
To view the findings, visit http://www.parliament.nsw.gov.au/legislationreview
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
Information on claiming your piece of the "Australian Dream".
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General information on commercial leases.
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Strata title is a New South Wales invention, which was instigated by major property developers in 1960. The building of unit blocks was becoming popular, but there was then no means of giving buyers a Torrens title deed as they would have received if they had bought a free-standing home.
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In recent newsletters we have had a look at leasing or renting residences and retail premises. The other type of properties often leased are commercial or industrial premises, and typical of these will be office premises, industrial units and workshops of various kinds.
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On March 13 2008 JP Morgan and Fujitsu Consulting released a new report entitled “The JP Morgan/Fujitsu Australian Mortgage Industry Report for March”. The report is based on the results of telephone interviews with 26,000 Australian households, and follows decisions by the major banks to increase their standard variable home loan rates by more than the 25 basis point increase of the Reserve Bank on March 4.
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One of the sad signs of the effect the Global Financial Crisis is having on Australia is the increasing number of people suffering "mortgage stress", and of mortgage foreclosures. In this Newsletter we shall have a look at mortgages, how they work and what you can do if you are facing difficulties.
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The Department of Planning has released an exposure draft of the Concurrences and Referrals State Environmental Planning Policy (SEPP), which will further streamline the processing of development applications and give councils given greater decision-making autonomy.
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First time home buyers in NSW will soon feel the pinch of tighter stamp duty concessions, with the introduction of new measures by the State Treasury in the 2011-2012 Budget.
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Federal Small Business Minister, Craig Emerson, says a review by the NSW Government that could result in the removal of unnecessary occupational licences would make the State more attractive to qualified people from interstate.
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Craddock Murray Neumann Lawyers
The state's recent planning laws have come under scrutiny, sparking calls by the Local Government and Shires Associations of NSW (LGSA) for an Upper House Inquiry.
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The importance of Local Environmental Plans (LEPs) has become evident over the last decade, with increased development, population shifts, changing weather patterns and extreme weather events. LEPs provide shape and guidance for overseeing the way land is used in the State and for determining decisions made with regard to the estimated $20b worth of local development in the State’s annual budget. LEPs set down zoning and development controls and afford communities a way to look at and discuss future planning and environmental directions.
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In New South Wales, planning and development activities are carried out under the Environmental Planning and Assessment Act 1979 (NSW). The legislation creates a complex system of state, regional and local planning.
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NSW Planning Minister Frank Sartor has announced three bills were tabled in the State Parliament on 15 May, as part of reforms to create an efficient and streamlined planning system.
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An Act to amend the Building and Construction Security of Payment Act 1999 was assented to in November 2010. It fine tunes the way in which the problem of progress payments with regard to construction work under contract was addressed, and takes a further step towards ensuring that progress payments will be held by the principal contractor.
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Craddock Murray Neumann Lawyers
Helpful information on the topic of selling your home.
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If you are a Senior who owns property in New South Wales or is thinking of purchasing a property in New South Wales you need to be aware of the new legislation passed through Parliament exempting you from the payment of stamp duty in certain circumstances.
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Craddock Murray Neumann Lawyers
Each lot owner in a strata plan is required to pay levies (usually due quarterly) which make up the administrative fund and sinking fund of the strata scheme.
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When you are renting a residential premise, it is important that you are aware of the legal requirements for evicting a tenant under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006 ("the Act").
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Information on things to consider when negotiating a commercial lease agreement.
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Development applications in New South Wales are set to be overhauled with the introduction of the New South Wales Housing Code commencing on the 27th February, 2009 ("the Housing Code"). The Housing Code has been introduced within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 ("the SEPP") and provides for new detached houses and additions to be approved within ten days.
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The Productivity Commission has just released its report, “The Market for Retail Tenancy Leases in Australia”. The Commission’s inquiry stemmed from issues arising from the growing concerns of small businesses that elements of the market for retail leases were being distorted, resulting in the exploitation of tenants.
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Conveyancing is a legal term for legal transactions involving real estate. It can involve buying and selling, financing, leasing and other areas such as subdividing and the creation of easements and covenants. Australia has one of the highest percentages of home ownership in the world, so many of us will be involved in a conveyance during our lives.
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In days of the GFC, we hear a lot about interest rates, mortgagee sales and the like, so what exactly is a mortgage? A mortgage is a document which secures a loan against property and is usually registered with the Land Titles Office.
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When we talk about property we usually use the word in a general sense - meaning anything someone owns. Often we use the word when talking about real estate - "We have a property in Queensland", or referring to a rural farm.
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Our own Australian Torrens land title system is remarkably straight forward. You can look at your title deed, known as a Certificate of Title, and see who the owner is. Also listed on the deed are "Notifications" matters which affect the title, and the most common of these are mortgages, leases, easements and covenants.
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