16 February 2011
The Australian Government has released a discussion paper on changes to GST laws. The Government says that this is necessary after an adverse court decision “to restore the intended policy outcome for the GST treatment of residential premises”.
Closing date for submissions is 25 February 2011. The consultation paper is here. Please contact us if there are any matters you think we should raise in a submission.
The Federal Government has announced changes to the tax offset available under the National Rental Affordability Scheme (NRAS). The amendments apparently address technical issues that have arisen from the interaction between the legislation governing NRAS and the tax law provisions that provide the NRAS tax offset. Further information is available here.
The 2005 Metropolitan Strategy has now been formally disowned by the Department of Planning with the issue of a new ministerial “section 117” direction, expunging references to that document and replacing them with references to the new Metropolitan Plan for Sydney 2036. For the time being (unless and until changed by the incoming government after the election) proposed rezonings will be assessed against this latest metropolitan plan. A planning circular is here. The ministerial direction is here.
NSW coastal councils have until 25 February to comply with the new requirements to provide information relating to coastal matters on planning (“section 149”) certificates. This information must include notations including whether the land is subject to orders requiring emergency coastal protection works or whether emergency coastal protection works have been carried out. The Department of Planning has also recommended that where land is subject to coastal risks as a consequence of projected sea level rise, councils consider including a notation in the discretionary information section. A planning circular explaining this in more detail is here.
HWL Ebsworth reports that the Land and Environment Court has struck down a consent granted by the Sydney West Joint Regional Planning Panel for the erection of two residential flat buildings in Boundary Street at Roseville. This is the first such case under the amendments to the Environmental Planning and Assessment Act establishing the Join Regional Planning Panels. A summary is here.
HWL Ebsworth also advises that in a recent decision, the Land and Environment Court has addressed the acceptability and use of management plans and the appropriateness of granting consent where there is a reliance on councils to enforce conditions in order to protect residential amenity. More information is here.
HWL Ebsworth have prepared a briefing note on exiting use rights for the information of our members. It is available here.
The NSW Government has released a scoping paper seeking input from the public and key stakeholder groups to guide the preparation of a NSW Coal and Gas Strategy. It is here.
A new conciliation-arbitration scheme in the Land and Environment Court for appeals related to small scale residential development has come into effect. A planning circular with more detail is here.
Further information from the NSW Land and Environment Court is here.
Coalition senators on a federal parliamentary inquiry have backed an Urban Taskforce submission that federal legislation designed to protect human rights should be extended to include property rights. Government senators disagreed. The report is here.
In Wagga Wagga council planning staff seem to have escaped punishment for black-banning development proposals put forward by a particular applicant. The applicant had previously complained about the staff. Details are here.
