The new <a href="https://www.apartments.com.au/new-apartments/yarraville-green-42-stephen-street-yarraville-vic-3013">Yarraville Green</a> development in Melbourne's inner west is showing that landscaping can be just as influential as architecture, with buyers responding strongly to the garden-first approach adopted from the outset by developer Excelon Projects and the project's design team.

Excelon appointed Six Degrees Architects and landscape architects SBLA to work collaboratively on the development, with a brief to create "a sustainable, design-led building with a focus on community."

That approach has resonated with buyers. According to Next Chapter Director Tom Hirini, who is leading the sales campaign, the landscaped communal garden has become one of the project's defining features, alongside its boutique scale and European-inspired cluster housing concept.

Local downsizers, right-sizers and established families already living in Yarraville and surrounding suburbs have accounted for the majority of purchasers.

[smartcode_project:default project_id=144913 project_image_fid=297740]

Yarraville Green will comprise 53 homes, including apartments and townhomes, arranged around the shared central garden to maximise connections to the landscaped open space. Parking has been moved underground, allowing the ground plane to be dedicated to greenery, pedestrian movement and communal spaces.

The landscape extends well beyond passive planting. Productive garden beds, a pergola, communal gathering spaces, garden sheds and a pet wash have all been integrated into the masterplan, creating spaces designed to encourage everyday interaction between residents.

[smartcode_project:default project_id=144913 project_image_fid=297741]

The interiors continue Excelon's focus on craftsmanship, incorporating bespoke elements by Melbourne artisans including leadlight detailing by Adadaz, hand-turned timber hardware by Auburn Woodturning and blown-glass lighting by Ruth Allen.

Sustainability has also been embedded throughout the project, with Yarraville Green targeting an average 7-star NatHERS energy rating through passive design principles, rooftop solar servicing common areas and rainwater harvesting for landscape irrigation.

[smartcode_project:default project_id=144913 project_image_fid=297735]

Construction continues to progress at Yarraville Green, with structural works well underway and framing works approaching completion under builder Balmain &amp; Co. The project remains on track for completion in mid-2027.

Apartments at Yarraville Green are currently priced from $625,000, while townhomes start from $1.4 million.

[smartcode_project_cta:default project_id=144913]

Joel Robinson

Garden-led design drives buyer demand at Yarraville Green

National diversified developer Fortis has officially launched Crest &amp; Walker, its latest Brisbane apartment development, with construction now underway on the 20-storey Newstead project.

Award-winning builder BINAH has commenced construction on the Bureau^Proberts-designed building, which will deliver a limited collection of 65 two and three-bedroom apartments on Kyabra Street.

[smartcode_project:default project_id=145922 project_image_fid=373556]

The project marks Fortis' fourth active residential development in Brisbane, following River House, which is nearing completion, alongside projects in New Farm and Hamilton as the national developer continues to expand its South East Queensland pipeline.

Fortis General Manager – Development Queensland Dan Boman said Crest &amp; Walker reflects the developer's long-term commitment to delivering design-led residential projects in Brisbane's established inner-city suburbs.

"We're proud to be strengthening our presence in Brisbane with Crest &amp; Walker, particularly in such a sought-after lifestyle destination as Newstead," Boman said.

"Every Fortis project is shaped by its context, and we approach each one with the respect and care it deserves.

"Our focus is always on creating places that feel connected to their neighbourhood and elevate the everyday experience for residents. Newstead continues to evolve as one of Brisbane's most sought-after urban communities, and Crest &amp; Walker reflects our ambition to contribute meaningfully to that story."

[smartcode_project:default project_id=145922 project_image_fid=373559]

Positioned between Gasworks Plaza and James Street, <a href="https://www.apartments.com.au/new-apartments/crest-walker-newstead-12-kyabra-street-newstead-qld-4006">Crest &amp; Walker</a> has been designed as a boutique residential address offering privacy and generous living spaces within one of Brisbane's most established lifestyle precincts.

The building features a contemporary brick podium softened by integrated landscaping, while the upper levels are characterised by restrained architecture and enduring materiality. Interiors have been designed to maximise natural light, acoustic performance and long-term liveability.

[smartcode_project:default project_id=145922 project_image_fid=373583]

Residences comprise spacious two and three-bedroom floorplans, with two-bedroom apartments priced from $1.55 million and three-bedroom, half-floor residences from $3.95 million.

Residents will have access to a wellness-focused rooftop featuring a swimming pool, sauna, steam room, landscaped dining spaces and outdoor lounge areas overlooking Newstead and the Brisbane CBD.

[smartcode_project:default project_id=145922 project_image_fid=373571]

Sales are being managed by Slaite Projects, with Fortis expecting strong demand from owner-occupiers seeking a high-quality, design-focused apartment in one of Brisbane's most tightly held inner-city suburbs.

Completion of Crest &amp; Walker is slated for late 2028.

[smartcode_project_cta:default project_id=145922]

Fortis expands Brisbane pipeline with launch of Crest & Walker in Newstead

The enormity of delivering a true skyscraper in Australia's new development market is often overlooked.

It has taken the best part of a decade since plans for Chevron One were first unveiled, but the 41-storey tower is now complete, with residents collecting their keys and moving into what has become one of the Gold Coast's most recognisable new landmarks.

Rising 127 metres above Chevron Island, Chevron One stands almost twice as high as any other building on the island. Its scale places it alongside the trio of towers at Jewel, arguably the last truly significant addition to the central Gold Coast skyline when they were completed around six years ago.

While there are several developments underway around a similar height to Chevron One, they are more concentrated within clusters of the highest towers in the city. The fact Chevron One sits within a developing precinct, looking back at the other high-rise developments in Surfers Paradise and Broadbeach, makes it a different proposition altogether. It will certainly become a reference point on the Gold Coast skyline.

[smartcode_project:default project_id=6515 project_image_fid=68833]

Developer Bensons Property Group is behind the 41-storey tower, which has 229 apartments, along with an exhaustive list of resident amenity spread across what is the largest development site ever assembled on Chevron Island.

The tower has been the talk of the town for years, says Ray White Projects Gold Coast agent Caitlin Rosenboom, who is selling the remaining apartments.

"People have been watching Chevron One go up for years," Rosenboom says, adding that many prospective buyers have been surprised by the scale of the views once they step inside.

"It's only when they walk through a completed apartment that they truly understand the position of the building," Rosenboom says.

"The views are jaw-dropping. Whether you're looking east over the ocean, across Surfers Paradise, along the river systems or out to the hinterland, every level offers something different but equally impressive."

[smartcode_project:default project_id=6515 project_image_fid=360215]

One of Chevron One's defining advantages is its location on the eastern side of Chevron Island on Stanhill Drive, a position which protects the views forever.

"There's only one row of houses between Chevron One and the water, and the height restrictions along the river means views from Chevron One can never be built out,"&nbsp;Rosenboom says.

While new apartment developments continue to emerge across the Gold Coast, Rosenboom says opportunities to secure a completed apartment with this level of outlook are becoming increasingly rare.

"The size of the site is something that would be incredibly difficult to replicate today," she says.

"That's allowed Chevron One to deliver the sort of amenity, open space and resident facilities that very few projects can offer. There are not many completed apartment buildings on the Gold Coast right now that can compete with the combination of scale, quality and amenity."

[smartcode_project:default project_id=6515 project_image_fid=68839]

There's around 2,000 sqm of amenity solely for the use of residents of Chevron One. Club One features a uniquely shaped swimming pool that mirrors the footprint of the building itself, set within a extensively landscaped gardens. There's also an indoor pool and spa, a fully equipped gym with a Pilates room, a yoga garden, a bookable private dining area and lounge that can host up to 30 people, and a 24-hour concierge service.

As for the buyers, Rosenboom is fielding enquiry from everywhere: Sydneysiders and Melburnians looking at the new and off-the-plan market following the changes in the Federal Budget, as well as those looking to relocate, through to South East Queenslanders seeking either a permanent home or a weekender bolthole.

"The Gold Coast lifestyle continues to resonate with people relocating from the southern states, and when they see the views and the quality of what's been delivered at Chevron One, it becomes very easy for them to understand the appeal," Rosenboom says.

A diverse mix of one, two and three-bedroom apartments remain available, with each offering "something a little different", be it the orientation and views, configuration, or level, to suit a wide variety of buyers.

The remaining apartments are ready to inspect in person, by appointment.

[smartcode_project_cta:default project_id=6515]

A decade in the making: Residents to move into Chevron One as construction wraps up

A general rule of thumb in new apartment developments is that the penthouses get the rooftop.

It's a formula that's become commonplace across Australia's apartment market. Residents might have access to a pool, gym or barbecue facilities on a dedicated lower level, but the most desirable outdoor spaces are typically reserved for the highest-priced homes at the top of the building.

<a href="https://www.apartments.com.au/developers/sherpa-property-group">Sherpa Property Group</a> has taken the opposite approach.

Rather than dedicating the rooftop to a handful of buyers, the Gold Coast developer has made it the centrepiece of its Flourish collection, creating expansive shared spaces from the best vantage point in the building.

The philosophy has reached its most ambitious expression at <a href="https://www.apartments.com.au/new-apartments/flourish-soleira-palm-beach-1150-1160-gold-coast-highway-palm-beach-qld-4221">Flourish Soleira</a> in Palm Beach, where two rooftop precincts connected by a skybridge will deliver one of the most extensive lifestyle offerings seen in a residential apartment project on the Gold Coast.

[smartcode_project:default project_id=150017 project_image_fid=374053]

"We're seeing a clear move toward developments that offer more than just an apartment," Sherpa Group founder Christie Leet said.

"People want spaces that support how they actually live, whether that's working from home, staying active, or spending time with family and friends.

"That's where amenity becomes critical. It's not just about what's included, but how those spaces are designed to be used every day."

[smartcode_project:default project_id=150017 project_image_fid=374052]

The breadth of amenity has already attracted buyers across multiple demographics. Younger first home buyers have been drawn to Soleira's one-bedroom apartments, a product rarely delivered in Palm Beach, while families have responded to practical inclusions such as the shallow children's pool adjoining the main lap pool and the extensive communal recreation areas.

Instead of a single rooftop, Soleira delivers two distinct lifestyle zones.

[smartcode_project:default project_id=150017 project_image_fid=372547]

The southern rooftop has been dedicated to wellness, featuring a gym, yoga and Pilates studio, work-from-home facilities, a wellness centre, spa, and hot and cold plunge pools.

The northern rooftop focuses on recreation and entertaining, incorporating a heated resort-style pool, private dining rooms, pizza ovens, barbecues, a golf simulator, children's recreation areas, and what is expected to be the Gold Coast's first rooftop basketball court, which will also double as a squash court.

[smartcode_project:default project_id=150017 project_image_fid=374054]

Beyond the rooftops, Soleira will introduce 1,500 sqm of curated retail beneath the towers, creating one of Palm Beach's first genuinely mixed-use lifestyle precincts where cafés, restaurants and convenience retail become part of residents' everyday lives.

Sherpa has also retained management rights across the development, allowing it to oversee the long-term operation of the building through a 24-hour concierge model. The developer is also exploring additional revenue streams within the precinct aimed at helping offset ongoing body corporate costs for residents.

[smartcode_project:default project_id=150017 project_image_fid=370962]

While Soleira is the largest project Sherpa has delivered, the rooftop-first philosophy has been evolving for several years.

It began with <a href="https://www.apartments.com.au/new-apartments/amargo-6-12-sixth-avenue-palm-beach-qld-4221">Flourish Amargo</a>, the first project released under the Flourish brand. Rather than competing at the ultra-luxury end of the market with oversized half-floor and full-floor residences, Sherpa focused on creating lifestyle-driven apartments supported by resort-style shared spaces.

Amargo introduced more than 800 sqm of rooftop amenity, combining wellness facilities, heated pools, entertaining areas, cabanas, pizza ovens and private dining spaces into what was designed as an extension of residents' homes rather than a facility used only occasionally.

[smartcode_project:default project_id=146527 project_image_fid=366550]

That approach continued with Flourish Oasis, where the same amenity-led philosophy was refined into a more boutique development. Strong demand from Sherpa's growing VIP database saw much of the project sold before it reached the broader market, reinforcing buyer appetite for apartment communities centred around shared lifestyle experiences.

Flourish Amargo is slated for completion mid-way-through next year, with Oasis to be delivered by late 2027. Flourish Soleira is expected to complete in 2030.

[smartcode_project_cta:default project_id=150017]

Sherpa takes amenity to the sky as Flourish Soleira captures booming Palm Beach demand

As apartment living continues to evolve across Sydney's growth corridors, the quality and distribution of shared spaces is increasingly shaping how residents experience home. Rather than functioning as add-ons, amenities are being embedded into the daily rhythm of a building, supporting everything from quiet retreat to social interaction, often within a single vertical community.

At <a href="https://www.apartments.com.au/new-apartments/aeris-melrose-park-nursery-street-melrose-park-nsw-2114">Aeris</a> in Melrose Park, this approach is resolved through a layered amenity offering that unfolds from ground level through to its upper podium. Developed by <a href="https://www.apartments.com.au/developers/sekisui-house-australia">Sekisui House Australia</a> in partnership with Hankyu Hanshin Properties, the project introduces 468 apartments across two towers and a mid-rise building, positioned at the highest point of the broader masterplan.

[smartcode_project:default project_id=426 project_image_fid=359199]

The amenity experience begins at street level, where two courtyards sit within a landscaped setting that connects residents to the wider network of parks and green spaces. These green spaces are not isolated pockets but part of a wider pedestrian network that links Aeris to the surrounding <a href="https://www.apartments.com.au/developments/melrose-park-nsw-2114">Melrose Park</a> precinct, including Central Park, future schools, and the Town Centre opening in July 2026. The result is a transition that moves from public to private without abrupt boundaries, allowing residents to pass through shaded, tree-lined environments before reaching the building itself.

Moving upward, the focus shifts to the level five podium, where the primary communal facilities are concentrated. This space brings together a 16-metre swimming pool, outdoor seating areas, and a communal BBQ zone arranged to take advantage of elevated outlooks. Seating is positioned beneath pergolas, creating pockets of shade that extend the usability of the space throughout the day. The pool edge aligns with views toward the wider district, reinforcing the sense of elevation that defines the project’s positioning.

In the adjacent building, this is complemented by quieter, more contemplative spaces, including an outdoor cinema set within the same level. Positioned to operate primarily in the evening, it introduces a different tempo to the shared environment, shifting from daytime activity to after-hours use without requiring separate zones.

[smartcode_project:default project_id=426 project_image_fid=360299]

The podium also accommodates an intimate private resident gym. Located on the lower levels, it gives residents convenient access to fitness facilities without leaving the building.

Above, the elevated podium sky deck extends the amenity offering, providing additional open-air spaces with elevated outlooks across the surrounding landscape. While more restrained in program, this upper level reinforces the project’s vertical progression, from ground-level greenery to elevated outlook, allowing residents to move between distinct spatial conditions within a single address.

This distribution of amenities reflects a deliberate response to how residents use space across the day. Sekisui House Australia Sales and Marketing Director Peter Kalaf points to the role these shared areas play in shaping buyer demand. Aeris has been conceived as more than a collection of apartments, with the podium pool, gym and outdoor cinema forming part of a broader lifestyle offering that extends the home beyond each individual residence.

[smartcode_project:default project_id=426 project_image_fid=360300]

What distinguishes Aeris is not the inclusion of these elements individually, but how they are arranged in relation to one another. Active, social, and passive spaces are layered vertically rather than separated, allowing residents to choose between them without leaving the building or moving far from their apartment. This proximity supports both routine use, such as a morning swim or evening workout, and more occasional gatherings, whether around the BBQ area or within the cinema setting.

The amenity design also sits within a broader framework of connectivity across Melrose Park. The Melrose Park Town Centre, anchored by Coles and Dan Murphys, features a mix of retail, dining, health and lifestyle offerings, bringing everyday convenience closer to residents. By the end of the year, more than five hectares of parks and open space, equivalent to around seven football fields of green space on residents' doorstep, will further enhance the precinct, allowing the internal facilities at Aeris to operate as an extension of the wider neighbourhood rather than a substitute for it.

Construction at Aeris continues to gather momentum, with ground floor slabs expected to be completed in late 2026 before the first sections of the buildings begin to rise above ground.

[smartcode_project_cta:default project_id=426]

Elevated amenity anchors daily life at Aeris, Melrose Park

Residential News

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The release of the 2013/14 financial year taxation statistics by the Australian Taxation Office (ATO) will no doubt add further fuel to the ongoing debate over the who, what, where, and why of rental property ownership.
Since I work in the industry and view properties more or less all the time, I don't need to look at any stats to know that investment properties are owned by a wide range of Australian income earners, largely "middle Australia". 
I know, because these people include my clients, because I can see it for myself every time I go to viewings, and most significantly, because I'm a property market insider. 
The genuinely wealthy generally have better things to do with their cash then invest in low-yielding residential property. 
Nevertheless, I would hopefully call out others on their useless anecdotes, so I shall do so on myself. 
Here are the headline numbers!
<a href="/images/2016/03/29/ATO1.jpg" target="_blank">Click to enlarge</a>
<img src="/images/2016/03/29/ATO1.jpg" alt="">
The figures show that 15.7 per cent of those lodging a tax return or 2,033,973 individuals owned a rental in FY2014, with the vast majority owning only one or two properties.
The long run numbers speak for themselves, with rental property ownership becoming increasingly popular and accessible, and showing a fivefold increase since 1980, or a near-fourfold increase as a share of the total number of taxpayers. 
So much for rentals only being for the rich - there are now, quite literally, millions of landlords.
Happily for landlords, fewer of them declared a net rental loss in financial year 2014. 
Rental market trends - how much?
Adding a bit more texture on what happened to the rental markets and negative gearing deductions in financial year 2014, the ATO Taxation Statistics for 2013/14 showed that net rental income losses fell by more than half from $7.9 billion to $3.7 billion over the last two years. 
<a href="/images/2016/03/29/NG.jpg" target="_blank">Click to enlarge</a>
<img src="/images/2016/03/29/NG.jpg" alt="">
The total rental loss claimed fell from $12.04 billion to $10.97 billion, but remember that negative gearing losses are a timing difference only, and as such these are not amounts which could be "saved" from the budget. 
The share of those 2.03 million folk who own a loss-making investment property fell from 64 percent to 62 percent.
OK, so that's the summary data. 
But what does it actually mean?
In terms of what this means in reality for the typical individual owning a property, the average rental loss has declined from well over five grand at $5,096 in the 2008 tax year to just $1,828 by FY2014, a whopping decline of more than 64 percent. 
<a href="/images/2016/03/29/NG2.jpg" target="_blank">Click to enlarge</a>
<img src="/images/2016/03/29/NG2.jpg" alt="">
Furthermore, with the cash rate falling several times further since 1 July 2013, average net rental loss will decline for the next two or three tax years to come (just ask any capital city based landlord about their 2015 tax returns).
Rental market trends - who? 
The Tax Office also served up some interesting data on who is recording net rental losses. 
In terms of additional investors in the financial year, the numbers of individuals with a rental interest and a taxable income between $37,000 and $80,000 increased, if only moderately, with those within this taxable income bracket racking up a total of 707,000 taxpayers with a net rental interest. 
However, the greatest increase in volume of overall investors was reflected in an extra 42,400 individuals in the taxable income bracket of $80,001 to $180,000.
By way of contrast there were only an additional 9,000 individuals with an interest in the $180,000 to $250,000 taxable income bracket, and an additional 5,000 individuals in the $250,000 to $500,000 bracket. 
Looked at another way by income, 767,000 of those declaring a taxable income of under $80,000 accounted for 61 per cent of total net rental losses. 
With the largest increase in net rental interest over the year, and it does confirm that to a substantial extent "middle Australia" is buying into residential investment property, and so doing is not only "for the rich". 
It is worth highlighting here, however, that the "taxable income" declared on tax returns is reduced by negative gearing losses.  
Thus for example it should be acknowledged  that a person declaring a net rental interest and taxable income of under $80,000 could theoretically have income of $81,828 before an average net rental loss is deducted.
The overwhelming majority of landlords continue to only own one or two rental properties. 
Naturally when analysing the figures by age younger investors remain the most likely to rely upon negative gearing, with 82 per cent of all property investors aged between 18 and 29 declaring a net rental loss.
As the population ages it is little surprise to discover that more than one fifth of investors are now aged over 60, a share that will likely increase over time.
It goes almost without saying that the top 20 percent of income earners owe the bulk of investment housing debt, a point highlighted by the Reserve Bank of Australia as favourable for economic stability, since these investors are also best placed to service their debt.  
Finally, one other interesting trend was the surge in sundry rental deductions, suggesting that with the rental market softening and becoming more competitive landlords have had an increasing propensity to spend on property improvements, which has been of significant benefit to the trades sector. 
The wrap 
Overall, the figures again showed that rental properties are owned by a broad range of Australians by income, comprising a total of well over two million taxpayers. 
The good news from a budget repair perspective is that net rental losses have declined by well over half over the past two tax years alone. 
What's more, with interest rates since falling to record lows, we can look forward to seeing further declines over the next few years of data.
 
PETE WARGENT is the co-founder of <a href="https://allenwargent.com/" target="_blank" rel="nofollow">AllenWargent</a> property buyers (London, Sydney) and a best-selling author and <a href="https://petewargent.blogspot.com/" target="_blank" rel="nofollow">blogger</a>. 
His latest book is <a href="https://www.bigskypublishing.com.au/Books/General-Interest/Four-Green-Houses--and-a-Red-Hotel/1015/productview.aspx" target="_blank" rel="nofollow">Four Green Houses and a Red Hotel</a>.
 
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New rental market trends: Pete Wargent

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GUEST OBSERVATION
Gold Coast City Council has won a four-year legal battle with Boral Resources, with the courts upholding the council’s refusal to approve a proposed quarry because of its impacts on the amenity of local residents – including the area’s koalas. In some rare good news for local government in Queensland, which has been under a cloud lately, the Court of Appeal’s decision confirms that councils are entitled to rely on their own planning schemes when deciding on local development applications. Even though Boral had secured approvals from the Commonwealth and Queensland governments, the Queensland Court of Appeal has upheld the council’s decision to refuse Boral’s application to develop a quarry.
A quarry quarrel
The council took on Boral and won after a four-year battle. In May 2014, Boral Resources had applied to the council for a permit to develop a quarry over 65 hectares of land at Reedy Creek, west of Palm Beach. State planning instruments had identified this land as a key resource area of state significance. For Boral, the quarry would generate hard rock and overburden worth A$1.4-1.5 billion.
In January 2014, the federal environment minister, acting under the Environment Protection and Biodiversity Conservation Act 1999, approved the development. In July 2014, Queensland’s Department of Environment and Heritage Protection did likewise.
All that remained was council’s consent. But, even though its own planning officer recommended approving the development, on July 11 2014, the council refused Boral’s application. When the local protest is loud enough and big enough – 4,200 objections were received – then even the Gold Coast Council will hear!
<img src="https://images.theconversation.com/files/218556/original/file-20180511-34027-9dlg88.png?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" alt="">
Residents’ opposition to the quarry development was organised, loud and ultimately, after several years, successful. Stop the Gold Coast Quarry/Facebook
Not surprisingly, Boral immediately appealed that decision to the Planning and Environment Court. The court had to balance numerous competing interests to re-decide the merits of the case.
To some extent, the economic arguments were on Boral’s side. If the proposal did not proceed, competition could be reduced and the additional costs to the community could be around A$240 million over the life of the quarry, as even the Court of Appeal later accepted.
On the other side of the equation, the development would have adverse impacts on the amenity of nearby residents. These included creating ugly views and generating noise and dust by introducing an extra 450 haulage truck movements per day on local roads.
Judge Richard Jones decided the balance favoured refusing the application, confirming the council’s refusal.
Now the Court of Appeal has upheld that decision. The council, local residents and koalas have won the day.
The case also raises some points of more general planning interest. These relate to:
<ul>
<li>
the respective roles of state and local planning instruments
</li>
<li>
whether profitable economic development may legitimately be delayed to another day
</li>
<li>
whether protecting koalas requires protecting their habitat as well.
</li>
</ul>
State versus local planning instruments
In Queensland, the state planning policy identifies 16 state interests arranged under five broad themes. No one state interest is given priority over the others.
The Court of Appeal’s decision confirms it is the rightful business of local governments to balance and resolve competing state interests at the local level in their own planning schemes. Notwithstanding the site’s designation as a key resource area in state planning policy, the council had acted lawfully in relying on its own planning instruments to decide that adverse environmental and amenity impacts justified refusing the application.
Should good economic development be postponed?
Despite refusing the application, the judge conceded the resource should be protected for future exploitation when appropriate.
Boral argued this was an “irrational decision”. How would the amenity of residents and the survival of koalas be any less of concern in the future if they were so important even now? In Boral’s view, if this was a valuable economic resource (and everyone agreed it was), development now was the only sensible decision.
The Court of Appeal paid short shrift to this notion. It held that although the local planning instruments currently prevailed against an approval, amendments to these over time might alter the balance in favour of development. Local government, once again, is in the driving seat.
Do koalas need their trees?
Koalas are a recognised matter of environmental significance at Commonwealth and state levels. Developing the quarry would involve, over time, clearing 30,000 trees, including 23,000 koala habitat trees. The Planning and Environment Court judge recognised this would have an adverse impact in relation to a matter of environmental significance.
Boral had, like every other developer, argued conservation efforts at other sites (imposed as offsets) could produce a better outcome overall for koalas in southeast Queensland. The court dismissed this claim because the local planning scheme specified matters of environmental significance should be protected in situ.
Not to be defeated, Boral argued the judge confused koalas (a recognised matter of environmental significance) with koala habitat (of no particular status in this case). The Court of Appeal denounced this logic: "It cannot seriously be disputed that to destroy its habitat is to fail to conserve and protect it as a listed threatened species."
What are the broader planning implications?
The Boral litigation explores some really interesting principles for planning law and local governments.
<img src="https://counter.theconversation.com/content/96263/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1">Let’s just imagine, for a moment, a land use planning world where state planning policy is always applied with reference to the affected community’s vision for its neighbourhood; where councils regularly protect habitat for endangered species; and where, just occasionally, the drive for ever more resource development gives way to a holistic view of sustainable development … oh, what a different world that would be!
Philippa England, Senior Lecturer, Griffith Law School, Griffith University
This article was originally published on <a href="http://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/long-running-battle-ends-in-a-win-for-residents-koalas-and-local-council-planning-rules-96263" target="_blank">original article</a>.
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Long-running battle ends in a win for residents, koalas and local council planning rules: Philippa England

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Residential vacancy rates have tightened across the Sydney market, led by middle Sydney, according to data released by the Real Estate Institute of New South Wales. 
REINSW deputy president Brett Hunter said the August 2016 REINSW Vacancy Rate Survey saw Sydney with an overall vacancy rate of 1.8 percent, down 0.1 percent. 
Middle Sydney, which includes suburbs such as Manly, Parramatta, Strathfield and Willoughby, declined 0.3 percent to 1.6 percent. 
Inner Sydney, which includes Botany Bay, Lane Cove, Mosman, Sydney and Waverley among others, was steady at 1.9 percent, while outer Sydney was down 0.2 percent to 1.7 percent, he said.
In the Hunter region, vacancy rates rose 0.3 percent to 2.7, led by a 0.6 percent climb to 3 percent in Newcastle. 
In the Illawarra region, vacancy rates fell 0.3 percent to 1.6 percent, with Wollongong down 0.5 percent at 1.1 percent. 
Across regional areas, New England fell 0.8 percent to 3.9 percent, Murrumbidgee dropped 0.1 percent to 1.5 percent and Albury was down 0.6 percent at 3.1 percent. 
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jonathanchancellor-7SQnKwU6yx

Sydney residential vacancy rates tighten: REINSW 

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GUEST OBSERVER 
Until now, residential occupiers have generally been able to take comfort that they were not under an obligation to take remediating action against risks of which they were not, and ought not reasonably have been, aware.  
Two recent decisions of Schultz v McCormack [2015] NSWCA 330 and Chandler v Silwood<a href="https://archive.sclqld.org.au/qjudgment/2016/QSC16-090.pdf"> </a>[2016] QSC 90 arguably elevate the burden upon residential occupiers, and call into question what a residential occupier ought to know, and do.  
In each case the Court was persuaded by expert evidence as to the measureable slip resistance values of steps, and was prepared the find that those results were compelling evidence of the slipperiness of the steps when wet, despite the occupiers’ own evidence that they had not found the steps to be slippery, that no concerns or complaints had been brought to their attention by others, and in the absence of knowledge of prior like incidents.
This article follows on from a publication by Barry.Nilsson.’s Nick Robson entitled <a href="https://www.bnlaw.com.au/page/Events__Publications/Insurance__Health_publications/Insurance__Health_publications__alerts/Insurance_Alerts/Public_Product_Liability/Residential_Occupiers_Found_Liable_Has_the_castle_been_breached/">‘</a>Residential Occupiers: Has the Castle Been Breached?’ published 11 November 2015, regarding the Schultz decision. Since then the occupiers, the McCormacks, have sought and been refused special leave to appeal to the High Court, on a narrow point of statutory construction pertaining to obvious risks.
 
In the intervening period judgment was recently handed down in the factually similar matter of Chandler, a Queensland Supreme Court decision in which Mr Silwood, a residential occupier, was found liable for injuries sustained as a result of a slip and fall by an entrant to his premises.
 
The claim arose out of an accident at Mr Silwood’s home on the night of 9 September 2008.
 
Mrs Chandler and Mr Silwood were the parents of a newborn child, but had separated prior to the date of the incident, and had never resided together. Mrs Chandler had been to Mr Silwood’s house on many occasions, and had arranged to bring the child to Mr Silwood’s premises on the night of the incident.
Upon arriving at Mr Silwood’s residence Mrs Chandler had left her child in her vehicle and walked from the driveway, along a concrete path and toward the house, intending to bring her arrival to Mr Silwood’s attention and summon his assistance to bring in the child, and her belongings. 
As she approached the house she slipped on one of two tiled steps in an alcove outside the front door, and fell, with her right arm extending through a glass panel in the front door, sustaining significant and disabling injuries to her dominant arm. 
Mrs Chandler had consumed some alcohol before attending at Mr Silwood’s residence on the evening of the incident, the amount and effect of which was in dispute. The trial judge ultimately concluded that the plaintiff’s blood alcohol concentration was unlikely to have had any deleterious effect on her capacity. 
Mr Silwood’s evidence was that he had hosed bat droppings from walls above and adjacent to the tiled alcove some five hours earlier, on the afternoon of the incident. He was not able to say whether the tiled steps in the alcove were wet or damp at the time of the incident, as a result of his earlier hosing. He conceded both after the incident and at trial that they may have been, but that he did not know. 
At trial the Court made findings of fact that residual moisture remained on the tiled steps. 
Mr Silwood’s evidence was otherwise that the tiled steps had been in situ when he bought the premises in 2000, that there had been no previous similar incidents or complaints by guests of them being slippery, and that he himself had never found them to be slippery in either wet or dry conditions.
A good Samaritan neighbour came to the assistance of Mrs Chandler after hearing the incident take place, and gave evidence at trial that she did not find the tiles or the steps slippery and could not recall seeing any water on them when she attended only moments after the incident.
Mrs Chandler tendered expert liability evidence comprising a report of Intersafe, which made certain assumptions about the angle of the plaintiff’s approach towards the steps, was critical of the slipperiness of the steps when wet and which indicated that water was unable to drain freely from the steps and was unlikely to have completely evaporated by the time of the plaintiff’s arrival.
There was one external light at the premises which was not illuminated at the time. 
Mrs Chandler alleged that Mr Silwood had breached his duty of care by failing to take steps in circumstances where he knew Mrs Chandler would be attending at his premises on the night of the incident, and where Mr Silwood had created a hazard by earlier hosing the walls adjacent to the tiled alcove and the step.
Her Honour Chief Justice Holmes found that, as a residential occupier, Mr Silwood owed Mrs Chandler a duty to take reasonable care to avoid a foreseeable risk of injury to her, on the premise that she was exercising reasonable care for her own safety. 
In the present situation, the duty included an obligation to take such precautions as a reasonable person in the circumstances would have taken by way of response to the risk of injury posed by the wet and slippery steps.
Despite unchallenged evidence that Mr Silwood had never found the steps to be slippery when wet, nor encountered any problem with them, the Court found that the effect of the moisture on the steps was to produce a significant risk of slipping, and that Mr Silwood had breached his duty of care. 
Her Honour found that a reasonable person in his position was required to take precautions and ought to have “made sure the stairs were dry or at least warned Ms Chandler…that they might be wet and should be taken with care, and would certainly have made sure that the light was on”. 
An appeal has been commenced in the Queensland Court of Appeal on behalf of Mr Silwood challenging a number of the findings at first instance. No date for the hearing of the appeal has been set. It remains to be seen whether the Court of Appeal will overturn the findings at first instance such that residential occupiers in Queensland are still ‘safe as houses’, with respect to defects at their premises of which they were not reasonably on notice, or whether the Castle has again been breached.
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<div id="news-author">Melanie Quixley is partner and Hannah Savins senior associate, Barry. Nilsson Lawyers and can be contacted <a href="https://www.bnlaw.com.au" target="_blank">here</a>.</div>
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jchancellor-FAypfDUnLy

Property 101: The legal burden on residential renters on remediating property risks

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<img src="https://counter.theconversation.edu.au/content/62621/count.gif" alt="The Conversation" width="1" height="1">
GUEST OBSERVER
The transition to a clean energy future is upon us, as shown by the huge uptake of solar panels and by the Turnbull government’s decision to set up a A$1 billion Clean Energy Innovation Fund. But what about those people who are at risk of being left behind?
Our survey of lower-income households shows that information about low-carbon living is often difficult to access, and that assistance is sometimes misdirected.
As a result, transitioning to low-carbon living is much harder for these households than it should be.
<h2>Listening to the people</h2>
Between December 2015 and June 2016, we held 23 focus group discussions with 164 lower-income households across eight metropolitan and regional centres in New South Wales, South Australia, Tasmania and the Northern Territory. Our aim was to try to understand the challenges these households face in transitioning to low-carbon living. This was part of a wider study, funded by the Cooperative Research Centre for Low Carbon Living, on finding ways to help poorer households reduce their carbon impact.
Almost everyone we spoke with supported the idea of low-carbon living. However, the ability to afford whiz-bang green technology – from expensive solar panels and battery systems right down to LED lightbulbs – is a big issue for these households.
Significant increases in energy costs since the late 2000s have added to this problem. In some states, bills have more than doubled in just the past six years.
While money is a key problem, it’s not the whole story, and there are ways to help. We have found a range of factors, besides affordability, that limit lower-income households’ ability to transition to low-carbon living.
<h2>Finding reliable information</h2>
Not everyone is looking for a hand-out; many just want to know how they can help themselves become more energy-efficient.
A major barrier that cropped up time and again in our survey is accessing the “right” information. Many people get good tips about assistance programs through friends and family, or via charities like the Salvation Army (one of our in-kind project partners).
But outside these avenues, information is often only available online, and many of our participants said that they either can’t afford internet access at home or, more importantly, don’t know what to search for.
What little information trickles through is often hard to understand. The Tasmanian government, for instance, offers a range of concessions on power and heating bills for older people or those who need to run medical equipment at home. But the benefits are expressed in cents per day (the current electricity concession, for instance, is 132.557¢ per day), which can make them unnecessarily hard for customers to calculate. Eligibility criteria are also often complicated.
With access to government services increasingly being moved online, the process can become a confusing rigmarole for many people, while others may miss out entirely.
<h2>Misdirected assistance</h2>
Most of the assistance programs available to lower-income households, such as Centrelink Utilities Allowances, are aimed squarely at providing financial relief.
States and territories also have their own rebate schemes to offer relief from rising energy costs. In NSW, for example, EAPA vouchers are designed to provide emergency and crisis relief.
But with lower-income households less likely to own their homes, they are often precluded from accessing programs to encourage green energy, such as solar panel rebates. This is a classic split incentive – the owner buys the panels (and gets the rebate) but the tenant gets the benefit (lower bills), making the owner less likely to invest.
This leads to the question of why rebates are not offered for using green energy, as well as for installing it.
“Green” criteria already exist in some other assistance programs. For example, the No Interest Loan Scheme, which helps lower-income households buy products such as whitegoods, now requires appliances to meet certain energy-efficiency standards.
The same principle could easily be used to help lower-income renters access electricity from cleaner energy sources.
Giving poorer households free home energy assessments is a good start, but they are focused purely on cutting energy consumption.
<h2>Removing hurdles</h2>
The compounding impacts of energy bill increases mean that many lower-income households are doing it pretty tough. Forgoing comfort in not turning on the heater or air-conditioner is one thing, but skipping meals or medication (as many of our survey respondents do) can have significant impacts on health and well-being.
Unfortunately, lower-income households have been going without life’s essentials for far too long. Setting up assistance programs is a good start, but we need to make sure that those who need help are getting it.
Here are our five suggestions for making it happen:
<ol>
<li>
Get the info out there. It’s important that people get the right information when they need it. Putting information online is great but it cannot be the only way – consideration must be given to those without internet access or who are less computer-literate.</li>
<li>
Keep it simple. Information needs to be straightforward and clear. If it’s stuffed with jargon and confusing numbers, it can become self-defeating.</li>
<li>
Support the support organisations. Charities like the Salvation Armyand the St Vincent de Paul Society serve important roles within our community, but they too need our continued help, especially when funding is not keeping up with needs.</li>
<li>
Get value for the public’s money. A billion-dollar public fund may sound like a big deal, but this is small fry compared to Australia’s A$878 billion annual domestic consumption expenditure. Nonetheless, it is a good start in heading towards the right direction. We just need to make sure it helps those who need it most.</li>
<li>
Overcome personal pride. Asking for help is never easy, and that’s why so many lower-income families go without. Making sure that incentive programs reach the right people, in the right way, can dramatically improve their willingness to use them. Hopefully, in the long run, fewer families will need to go without.</li>
</ol>
Edgar Liu is research fellow at City Futures Research Centre, UNSW Australia and author for The Conversation. He can be contacted <a href="https://theconversation.com/profiles/edgar-liu-32200" target="_blank">here</a>.
Bruce Judd is professor, UNSW Australia, and author for The Conversation. He can be contacted <a href="https://theconversation.com/profiles/bruce-judd-137243" target="_blank">here</a>.
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It’s not easy being green, especially when affordable help is so hard to find

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Land ownership, site value and land use as at midnight 30 June each year is used to determine the land tax for the forthcoming financial year.
Land tax revenue assists in the provision of public services such as education, health and public safety.
RevenueSA is responsible for the collection of land tax under the Land Tax Act 1936, the Taxation Administration Act 1996and associated Regulations.
For details on how land tax is calculated refer to the <a href="https://www.revenuesa.sa.gov.au/taxes-and-duties/land-tax/forms/LTGxx_0515_54767-RevSA-LandTaxGuide.pdf" target="_blank">Guide to Land Tax</a> or the <a href="https://www.revenuesa.sa.gov.au/taxes-and-duties/land-tax/guides-to-legislation" target="_blank">Land Tax Guide to Legislation</a>.
You can also use our <a href="https://www.revenuesa.sa.gov.au/taxes-and-duties/land-tax/calculate-land-tax-new" target="_blank">calculator</a> to determine your land tax.
An <a href="https://www.revenuesa.sa.gov.au/taxes-and-duties/land-tax/exemption-from-land-tax" target="_blank">exemption</a> from land tax may be available depending on the use of the property and/or the owner of the property.
Where a property is held on Trust, the trustees can apply to have that property assessed separately from other land owned by the trustee in another capacity.
 
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Property 101: Guide to land tax in South Australia

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<img src="https://counter.theconversation.edu.au/content/57114/count.gif" alt="The Conversation" width="1" height="1">
GUEST OBSERVER
Not too long ago, robots were giant, caged things, mainly found in automotive manufacturing lines. Social robotics was a new field of research pursued by the best and brightest in university research labs.
In the past few years, however, it seems that social robots have finally come of age. All of a sudden, the market is teeming with products. Some are distinctly humanoid.
The rise of social robots
Softbank Robotics’ Nao, Pepper and Romeo all have a head and two arms. With their stylised designs, they deftly avoid the “uncanny valley” of human-machine interfaces (realistic enough to look human, but non-human enough to look spooky).
Others are more subdued in their anthropomorphism. Blue Frog Robotics’ Buddy sports an animated face on a screen, and scoots around on wheels. Jibo is yet more subtle in its ability to evoke humanity, with its stationary base and a head that can turn and nod.
Taiwanese electronics manufacturer ASUS recently joined the social robotics explosion with its Zenbo home robot. Tyrone Siu/Reuters
What is a social robot, and what makes it special?
In her seminal paper, “Towards sociable robots”, Professor Breazeal, inventor of Jibo, describes social robots as follows:
“(Social robots have) the ability to interact with people in an entertaining, engaging, or anthropomorphic manner.”
The most noticeable quality in the interactions between a person and a social robot is the emotion. This can be partially achieved via a speech-based interface. For example, Amazon is reputedly working on an enhancement to Alexa, the virtual assistant that lives inside the Echo device, to help it understand emotion. China’s Turing Robot goes a step further, and claims that its Turing Robot OS already understands emotion.
However, Dr. Breazeal’s research has demonstrated that adding non-verbal cues via physical gestures can have a profound effect in increasing people’s engagement, trust and confidence with the robot. In her 2010 TED talk, she discussed how people interacted with a robotic diet-and-exercise coach significantly longer than they did with the exact same coaching program running on a computer. A disembodied voice coming out of a mobile device, or a cylinder on the kitchen counter, leaves a lot of engagement on the table.
A solution, or a gimmick?
So, social robots can be great interfaces. However, an interface, even one that embraces emotion, is only useful as long as it connects people to a solution that solves a problem. And therein lies the challenge. What do these robots do? What problems do they solve?
And the reality is, no one has really made it past the cool factor, and arrived at a killer app that will take the mass market by storm.
Let’s look at the Softbank Robotics product line. Nao and Romeo are research platforms, designed for developers – not ordinary people. Pepper is the first consumer-facing solution that is designed to interact with end users out of the box. It has been deployed as a store attendant in a variety of retail settings. It is also being tested in Japanese homes as a companion robot.
But what is Pepper’s job description in the store? A store representative can greet customers, help them find items, and ring up purchases. Pepper can greet customers. Is it addressing a real need, or is it a gimmick?
Household robots are still a ways away
As Pepper has some emotional intelligence, one could make the case that it can be a great companion robot in the home. Let’s look at who needs companionship at home.
Children or elderly people come to mind. Children would gladly play with a robot. But a robot is no substitute for an adult. Any parent or caregiver of a young child knows this. And elderly people do need companionship. But what they crave is time with those they love, not companionship with a machine. Anybody who has cared for an elderly loved one knows this.
To their credit, Softbank Robotics’ website makes it clear that the robot companion is meant to complement, not replace, people. However, it is not clear to what extent today’s social robots can lessen the load for caregivers. The effectiveness of companion robots will improve in time, but there is work to do.
Last but not least, there is the holy grail of service robots in the home. What about a robot helper that can clean and cook? Alas, the technology in sensing, navigation and manipulation is so far behind the real challenges of a messy household that a truly useful robotic helper is years away. The best that today’s technology can offer is special purpose devices like the Roomba, or AI driven bar tending machines.
As a long time robot enthusiast, I can’t wait to see robots become ubiquitous in the home. Right now, the interface is more advanced than what the robots can do. Only when the back end meets the front end in sophistication will we really start to see truly useful robots in the home.
Elaine Chen<a href="https://theconversation.com/profiles/elaine-chen-269390" rel="author"></a> is senior lecturer, MIT Sloan School of Management and author for The Conversation. She can be contacted <a href="https://theconversation.com/profiles/elaine-chen-269390" target="_blank">here</a>.
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Robots are moving in to our homes, but there’s no killer app

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Online rental listings portal Rent.com.au has had its third consecutive month of strong growth in real estate agent registrations  with more than 500 real estate offices signing up to the site every month since March.
The total number of real estate agencies now accessing rent.com.au services is around 8,400. 
More than 700,000 renters and landlords visited the site in May.
Rent.com.au chief executive officer and founder Mark Woschnak said in the past three months alone, they have seen a further 20 percent of real estate agencies across Australia, list their properties on the site.
Given the rate of growth, we are expecting a full market take-up of our services in the coming months,” he said.
“As more and more people opt to rent as a conscious lifestyle choice, we’re strategically positioned to respond and deliver highly effective results and value-add outcomes for every agent in the country.”
For more information <a href="https://rent.com.au" target="_blank">click here</a>.
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Record number of agents sign to rent.com.au

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New South Wales based Sammut Developments has won the HIA-CSR Australian Home of the Year award for ‘Nautilus’, a seven bedroom, six-storey waterfront home.
The home also won the Australian Custom Built Home award, partnered by Stramit Building Products.
Judges were impressed with the level of detail and high-quality finishes.
Other award winners from across Australia in eight regions include:
Mirvac from Victoria won Australian Apartment of the Year, partnered by Caltex HIA fuel card. 
Sunland Group from Queensland won Australian Apartment Complex, partnered by Toyota Fleet. 
Atkinson Pontifex from Victoria won both the Australian Townhouse/Villa of the Year, partnered by newhomesguide.com.au and Australian Outdoor Project partnered by James Hardie Australia. 
Ryan Designer Homes from Queensland won Australian Townhouse/Villa Development, partnered by Rheem Australia. 
Peter Sosso Building from the Hunter won Australian Specialised Housing, partnered by HIA Insurance Services. 
Art Nouveau Homes from Victoria won Australian Spec Home, partnered by Stratco Australia. 
Samuel James Homes from South Australia won Australian Display Home, partnered by ActronAir. 
Alvaro Bros Builders from ACT/Southern NSW won Australian Renovation/Addition Project, partnered by BlueScope Steel. 
Kalka from Queensland won Australian Project Home, partnered by OneSteel Reinforcing. 
Minosa from NSW won both the Australian Bathroom Design, partnered by GWA Bathrooms &amp; Kitchens and the Australian Kitchen Design, partnered by Miele. 
Drew Moore Constructions from Tasmania won Australian Bathroom of the Year, partnered by GWA Bathrooms &amp; Kitchens. 
Stewart Homes and Ultraspace from Queensland won Australian Kitchen of the Year, partnered by Miele.
Jake Laidlaw from Victoria won the Jim Brookes Australian Apprentice, partnered by Stratco Australia. 
Dale Alcock Homes from Western Australia won Australian Professional Major, partnered by Companion Systems. 
 
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mick.cee-iDmgDDAmu8

NSW builder Sammut Developments wins Australian Home of the Year

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RP Data Professional will be integrated into the Real Estate Institute of New South Wales' online real estate agreements and forms system.
REINSW President John Cunningham said the integration puts information at the fingertips of agents and supports the growth of REI Forms Live into the one stop shop for agents.
Greg Dickason, CoreLogic RP Data executive general manager, property and partnerships said it will improve processes for agents. 
"The software enables you to create your own, accurate reports very quickly and easily. You can track prospects, listings, current and future sales and rentals," he said. “Sophisticated search tools enable agents to find properties easily by searching by street, suburb, postcode or land parcel. They can also easily filter results, then use the information to create geographically targeted marketing campaigns,” Mr Dickason said. RP Data Professional has joined a growing number of systems which have linked with REI Forms Live including MyDesktop, Agentbox, Rockend’s REST system and Console’s GatewayLive and APM’s PriceFinder.
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