Friday, 15 August 2014

Queensland's planning laws takes next step with release of consultation draft Bills

Australia: Overhaul of Queensland's planning laws takes next step with release of consultation draft Bills

Last Updated: 12 August 2014

The Queensland Government's overhaul of the State's planning laws has taken an important step with the release of consultation drafts of the Planning and Development Bill and the Planning and Environment Court Bill for public comment.
Under this proposal, the current Sustainable Planning Act 2009 would be repealed and replaced. The Planning and Environment Court would continue, but have its own separate legislation.
The terminology for many of planning concepts would change, and a number of processes deregulated.
Importantly, the draft Bills would remove:
  • State planning regulatory provisions and standard planning scheme provisions;
  • the EIS process;
  • designations of land for community infrastructure by a local government; and
  • compliance assessment.
For local government, these changes would mean new assessment and approval processes, new planning instruments, and some new compliance obligations.
For developers, the key issues will be the whole of the assessment process, and the transitional arrangements for any applications under way.
Click below link:
You can get more information in our Planning and Development Bill Briefing Note.
Submissions are due by 26 September 2014. The Government will consider them and then release final versions of the Bills, which could be later this year.
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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this bulletin. Persons listed may not be admitted in all states and territories.

  • Development Assessment -
    • New categories of development:
    • Accepted (previously self-assessable);
      Assessable – Standard (previously code)
      Merit (a hybrid of code and impact with public notification removed)
      Merit Notifiable (previously impact)
    • Decision rules not in the act.
    • De-coupling of public notification requirements.
    • Ability to elect not to receive an information request.
    • Applicant driven process not assessment manager led.
    • Changes to owner's consent requirements.
    • Changes to amending approvals.
  • Dispute Resolution -

    • New act, "Planning and Environment Court Act 2014".
    • Increase power of ADR Registrar to hear and determine matters.
    • Possibly the first step in a "one house" approach to rolling in Land Court, Building Tribunal and Planning and Environment Court.
    • Greater emphasis on ADR and alternate avenues for appeals and disputes resolution.

  • Please contact us for assistance or advice in making a submission.
  • We will be hosting a Just the Facts seminar to discuss the Bill on 2 September 2014. To register your interest, please email me. Gerard Timbs Norton Rose Fulbright Australia link below 

  • Wednesday, 13 August 2014

    NSW Planning changes for Western Sydney growth areas

    Planning changes for Western Sydney growth areas
    The NSW Government has announced planning changes for Western Sydney’s growth areas which will help provide much-needed additional housing and deliver more consistent planning rules.

    Housing Diversity Policy

    Changes announced on the weekend will help to deliver housing on smaller lots, with an aim to cut red tape, place downward pressure on house prices and deliver house and land packages for around $400,000.

    The new planning rules, which commence today, are being implemented via an amendment to the State Environmental Planning Policy (Growth Centres) – known as the Growth Centres SEPP.

    The policy  applies across the six council areas in Sydney’s Growth Centres - Blacktown, Camden, Campbelltown, Hawkesbury, Hills Shire, and Liverpool – and removes impediments which have made it difficult for the construction industry to provide small lot housing. 

    Standard minimum lot sizes of 250 square metres will apply across the Growth Centres, with lot sizes down to 125 square metres in higher density areas near transport and town centres. The changes will encourage builders to provide a variety of housing types to meet market demand including townhouses and villas, studio flats and manor homes. READ MORE… 

    Land rezoned at East Leppington

    Minister for Planning Pru Goward announced on Friday that land at East Leppington had been rezoned for up to 1,150 new homes. The homes will be within walking distance of Leppington railway station, being delivered as part of the $2.1 billion South West Rail Link. 

    Plans for the precinct also include protection of native vegetation and creation of new parks, a pedestrian pathway and cycle links. 

    The rezoning finalises the broader East Leppington Precinct which, in total, will deliver up to 4,450 new dwellings for around 14,700 residents. READ MORE… 

    Keep up to date on other planning announcements and initiatives via our Facebook page or on Twitter @NSWPlanning

    Monday, 11 August 2014

    It's not NRAS its NRSCH ...But what is NRSCH

    It's not NRAS its NRSCH ...But what is NRSCH
    Over the weekend Ian Ugarte and me were reading the Sunday papers and noticed an article
    about not NRAS but NRSCH.
    NRSCH is a blueprint for a National Regulatory System for Community Housing Providers.


    The rent being discounted by a minimum of 20% of the market rate.

    The current annual income-tax free Incentive is $10,350 per dwelling, and is indexed each year to the rental component of the CPI.

    WHAT WAS NRAS ? (not available anymore) The total incentive is currently $10,661 and 20% below market rent.

    download or read documents
    to register:
    to register on website.

    The article below talks about Horizon Homes and how they are using the scheme to basically produce homes under NRSCH.

    Queensland’s largest housing provider awarded Tier One NRSCH rating
    22 July 14

    Horizon Housing, Queensland’s largest housing provider, has this week been awarded Tier One status under the new National Regulatory System for Community Housing (NRSCH). The not-for-profit is one of just 10 organisations in Australia which has received this level of registration and the only housing provider based in Queensland.
    This new rating system ensures that operators offering community housing solutions meet the highest level of performance requirements and regulatory engagement, providing Government, financiers and end users, such as tenants, with confidence and assurance.
    Horizon Housing CEO, Jason Cubit, believes that this significant achievement will help the Gold Coast based not-for-profit increase its reach by 300 per cent - helping over 2,400 individuals and families in 2014 to 10,000 in the next three years.
    “Horizon Housing is committed to finding opportunities to grow and expand the country’s housing stock to help ease the significant shortage of properties available to low to moderate income earners, ranging from people in very high need to homeowners.
    “By being awarded a Tier One NRSCH rating, we have already demonstrated our capabilities, governance and quality, meaning that we will be in a position to secure larger and more significant projects.
    “To this end we expect to boost our current offering of over 2,400 properties across 15 Local Government Authorities to around 10,000 properties by 2017,” Mr Cubit said.
    Minister for Housing and Public Works Tim Mander said that the introduction of the new NRSCH in Queensland means that there will be a consistent regulatory system across Australia.

    “The NRSCH makes life a lot easier for community housing providers,” Mr Mander said.
    “Providers now only have to register once to be registered in all states and territories.
    “Our vision is to deliver a flexible, efficient and responsive housing system that provides all Queenslanders with a safe and affordable place to call home.
    “Making that a reality will involve ongoing partnerships with organisations like Horizon Housing and I congratulate them on being among the first community housing providers registered under the NRSCH.”

    Since the launch of the new NRSCH system in January 2014, housing providers across the country will apply to be registered in one of three tiers, ranging from large scale housing providers with development activities to small, locally based tenancy managers. Each tier comes with an associated level of compliance, monitoring and reporting frameworks, intended to commensurate with the risk that each provider undertakes.
    This registration is now reciprocal, where previously providers were only registered locally by state authorities, and had to re-register to operate in other jurisdictions. Moving forward, a provider registered in Queensland, for example, is automatically registered in other participating states. This means that the delivery of housing services can be extended, encouraging an increase in competition between providers.
    Based on the Gold Coast, Horizon Housing has continued to consolidate its exceptional growth in the past few years with the expansion of operations in the Maranoa and Western Downs Regions, the opening of a new office in Roma and the expansion into northern New South Wales.
    As an organisation, it is committed to supporting its low income tenants and their families’ aspirations. The team at Horizon Housing works with them to provide pathways for those experiencing housing distress to move into affordable housing that ensures a sustainable future.


    National Rental Affordability Scheme

    The National Rental Affordability Scheme (NRAS) was created by the Council of Australian Governments (COAG) as part of a strategy to address housing affordability within Australia. The aim was to aid in the creation of 35,000 new affordable rental dwellings across Australia by 2014.
    NRAS was established to:
    • Increase the supply in affordable rental dwellings;
    • Reduce rental costs for low and moderate income households; and
    • Encourage large-scale investment in affordable housing.
    NRAS offers an annual Australian Government Tax free Incentive and a State or Territory Government contribution to Investors to purchase new affordable homes and rent these at a minimum of 20% below market rents to low and moderate income households. As an Investor you are eligible to receive these incentives for ten years. The NRAS incentive is the same amount regardless of your property value.

    The current annual income-tax free Incentive is $10,350 per dwelling, and is indexed each year to the rental component of the CPI. The present Incentive comprises:
    1. Australian Government contribution of $7,763 per property per year as either a refundable tax offset (claimed when you lodge your tax return) or a cash payment after the end of the financial year, and
    2. State or Territory Government contribution of $2,587 per property per year (generally paid at the end of September).
    NRAS incentives are granted for suitable developments. Some of the key elements in determining a suitable development are:
    • Proximity to services including education, retail, medical, transport, etc.;
    • Proximity to employment and industry; and
    • Location in an area that has an undersupply of affordable housing.
    The rental rate for an investment property is set by the market rent which is determined by a valuation provided by an independent valuer. The developer/builder of your NRAS property will organise for this service to be performed, and will advise both yourself and Horizon Housing of the Market Rental value.
    NRAS dwellings can only be rented to eligible tenants who qualify for the program and meet the NRAS income thresholds. These thresholds can be found on our website if you are interested in understanding the criteria your tenants need to comply with. 

    Protecting Your Investment

    As with any investment property purchase, you should properly assess the rental demand in the area.
    You should always obtain valued advice from legal, financial and tax specialists prior to committing to the purchase of an investment property and this is also the case with an NRAS investment. Make sure that in the event the property is untenanted (therefore no rental income) you are able to cover any mortgage payments.
    Detailed information regarding NRAS can be sourced from the Department of Families, Housing, Community Services and Indigenous Affairs.

    Why purchase an NRAS Property?

    NRAS properties are new houses, townhouses and apartments available for purchase throughout Australia. These properties are usually part of developments which include owner occupier and standard investment properties and are unidentifiable as an NRAS property.
    There is usually a reduced vacancy rate due to:
    • The rent being discounted by a minimum of 20% of the market rate;
    • Horizon working closely with the tenants to ensure they sustain their tenancies over the longer term;
    • Horizon undertaking intensive screening of applicants to secure quality tenants for your NRAS Investment property.
    To find out current NRSCH providers go to

    Monday, 4 August 2014

    Lets talk about using RPDATA to find sites around Kellyville Corridor Strategy

    Lets talk about using RPDATA to find sites around Kellyville  Corridor Strategy.

    I belong to a Club that is online and you have access to RP Data in all states.
    Their VIP membership which lets you access these tools.
    The Club joining fee is $997 a year or $97 a month.
    To get this offer for August ONLY go to

    if you don't sign up by the first 20 or if the month ends the price will be higher.

    Just letting you know. I think that you should get the tools if you will use them.

    No use having a hammer if you don't plan on using it. 
    But you will need a hammer to build a fence.
    RP Data is my Hammer.

    It all starts with some research.

    The precinct includes the area within a roughly 800 meter radius of Kellyville Station.
    This area will increase in density. This could mean development opportunity or even just buy and hold opportunity.  

    Kellyville Station will be located at the corner of Old Windsor Road and Samantha Riley Drive, east of the Riley T-way Station and car park. Kellyville is 34 km north west of Sydney CBD.

    So a bit more digging and here is the future Zoning.


     Ok so below is the area now and the streets. Compare this to the above map.

    Now you use RP DATA to check all the streets in this area and try and get a deal in the Pink/Orange areas. (look above map)
    Also try contacting some local town planners to help you too..
    These areas will go up it value.

    Having RP DATA will be able to give you all the details on each property and you can break it down to the land size and work out the value of each street. 
    In most cases RP Data can give you the names of each person that owns the property and you can see what they bought it for. 
    Great for Mark Rolton option deals.

    RPDATA can map out the area and show you all non listed properties and from there you can work out a strategy of trying to get these properties at the right price.
    One thing for sure , you would have to bet that these properties once bought will go up in value. 

    The below is a screen shoot of RPDATA on a property that in under contract. This will show you what kind of data I can find using one tool and getting it to show me details of values I will have to pay , while also showing me other opportunities around.

     BELOW is information that lead me to look in this area-
    •   The Kellyville Structure Plan proposes a variety of uses and building types to create a vibrant, active centre around the new station with greater choice for people with different housing needs.

    I open up my RP DATA and I put in all houses within radius 

    link :

    In October 2013, the Council voted unanimously to nominate the area around the Kellyville Station as an Urban Activation Precinct , as a means to implement the Corridor Strategy and investigate the potential land uses within the precinct in more detail. 

       The $8.3 billion North West Rail Link is Australia’s largest infrastructure project. It will make Sydney’s north-west easier to get to and from, and the areas around the new stations more attractive for people to live and work.
       Over the next 25 years, at least 36,000 homes and 47,000 jobs will be created in Sydney’s north-west to cater for an extra 100,000 people expected to be living there. As the area around the new Kellyville Station will be more accessible, it has been identified as an area that can assist in accommodating some of this growth.
       In 2013, the North West Rail Link Corridor Strategy was prepared in close collaboration with The Hills Shire and Blacktown City Councils to guide development around each new station over the next 25 years. The Strategy identifies the future vision, character and potential growth for lands surrounding each of the eight new stations.
       In October 2013, the Council voted unanimously to nominate the area around the Kellyville Station as an Urban Activation Precinct, as a means to implement the Corridor Strategy and investigate the potential land uses within the precinct in more detail. WHAT IS AN URBAN ACTIVATION PRECINCT?
                         Urban Activation Precincts feature a new coordinated approach to development and infrastructure delivery to provide more homes and jobs in places with access to infrastructure, transport, services and employment.
                         Communities benefit through greater housing choice, upgraded infrastructure, increased amenities and services, as well as new and improved public spaces.
                         Council will be able to access up to $5 million in local infrastructure funding for Kellyville Station Urban Activation Precinct and fast-track infrastructure delivery to support new development.
                                           The precinct includes the area within a roughly 800 metre radius of Kellyville Station. The boundary reflects a 10 minute walking trip to the station and has taken into account surrounding roads, natural elements and the existing character of the area.
                                           The precinct includes the area around the new Kellyville Station, which is one of eight new stations being built as part of the $8.3 billion North West Rail Link.
                                           The precinct is bounded by Strangers Creek riparian corridor and Windsor Road to the east, Memorial Avenue to the south, Stanhope Parkway, Rothbury Terrace, Salford Street, Tilbury Avenue, Hayle Terrace, and Perfection Avenue to the west and Sanctuary Drive to the north.
                                           Kellyville Village Centre, Caddies Creek Sports Complex and the Outlook Nature Reserve are some of the facilities and services within the precinct.

       The North West Rail Link Corridor Strategy included a Structure Plan for the Kellyville Station precinct that identified the potential for approximately 4,400 new homes and 800 more jobs within the precinct by 2036.
       The Kellyville Structure Plan proposes a variety of uses and building types to create a vibrant, active centre around the new station with greater choice for people with different housing needs.
       New development will be concentrated close to the new station to benefit from its direct station access and associated uses.
       The precinct will have high quality streetscapes and parks to provide vibrant spaces for communities.
       Green spaces and riparian corridors within the precinct will be protected as ecological and drainage corridors, as well as providing significant pedestrian and cycle links between Rouse Hill and Bella Vista/Norwest.
       Opportunities for new community facilities will be identified in consultation with the community and Council. These could include new walkways, cycleways, playgrounds, a multi-purpose community centre and public art.
       A 3D visualisation video will also be prepared to show what the future character of the precinct may look like. WILL THE ENTIRE PRECINCT NEED TO CHANGE?
                         A significant part of the precinct will also remain unchanged to protect the existing low density character of the wider Kellyville area.
                         The planning process will ensure that new buildings are well designed to integrate with the surrounding area. Sophisticated computer modelling will also be undertaken to ensure individual buildings will be designed to maintain appropriate levels of sunlight to homes and open spaces. WHAT WILL HAPPEN NEXT
       Over the coming 9-12 months, we will work closely with local residents, UrbanGrowth NSW, Transport for NSW and other government agencies and local businesses to undertake detailed planning for the precinct to ensure growth is properly planned.
       Specialist consultants will be engaged to carry out detailed studies into:
                      −  urban design
                      −  traffic and transport including transport infrastructure requirements
                      −  the local environment
                      −  open space
                      −  community facilities
                      −  economic feasibility

    Friday, 1 August 2014


    "If you get this by email click on Blue title text because you will want to see the map."
    This article gives you a piece of gold.
    Basically a Clear Direction for investing and where to look to make a quick buck.
    I have been right before and we saw this in leichhardt. Now you have the best opportunity to get a hint to where you might strike gold.
    With the right Coaching you could secure a site and make large profits, read the article then Pick A Coach.

    Knowledge Source has the 3 people you need, to maximise this article.
    1. Dymphna Boholt to show you how to research and buy right, and structure as well.
    2. Mark Rolton to show you how you can do an option deal for the area's below.
    3. Bob Andersen to show you how to make money actually buying a site and developing it yourself.

    So if you are in Sydney and want to know how to maximise this information.
    Think about the courses above and do them asap.

    High rise is heading for the Hills, but council wants plans to include bigger apartments