A State-Assessed Rezoning Proposal for the Kurnell Peninsula is now on public exhibition, setting out a plan to deliver up to 4,300 homes alongside new retail, tourism and public open space on a 210-hectare coastal site.

The proposal, backed by the Minns Labor Government, would transform a former sand mining area along Captain Cook Drive into a mixed-use precinct delivered over approximately 20 years.

In addition to housing, the plan includes more than 7,000 sqm of retail and commercial space, new community facilities and approximately 116 hectares of open space, equating to more than half the site.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="ce1c6567-1df0-4de0-9fe5-a76be0367834" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.11.51%E2%80%AFAM_0.png?VersionId=dbbTmYaJvROA5fkQbgaxis8cmFwtpB5_" />

<hr data-end="849" data-start="846" />
<h2 data-end="902" data-section-id="ony3l3" data-start="851">Rezoning framework enables mixed-use development</h2>

The rezoning application seeks to amend planning controls under the State Environmental Planning Policy (Precincts—Central River City) and the Sutherland Shire Local Environmental Plan 2015.

Its primary objective is to enable a broader range of land uses across the site, including residential, employment, tourism and community uses, while also formalising environmental protections and land management outcomes .

The proposal has progressed through the state-led rezoning pathway after being identified as a project of regional significance, supported by several years of technical studies and agency consultation .

Development would occur in stages, aligned with the progressive closure and remediation of the existing sand mine.

<hr data-end="1718" data-start="1715" />
<h2 data-end="1768" data-section-id="krwii9" data-start="1720">Master plan structured around three precincts</h2>

The accompanying urban design report outlines an indicative master plan that divides the site into three primary precincts, anchored by a town centre in the western portion of the site.

The town centre is planned as the first stage of development, located on land that has already been remediated. It is intended to accommodate higher-density housing, retail, and community uses.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="4bfd5873-4847-4105-b220-0a30c96f5573" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.20.09%E2%80%AFAM.png?VersionId=7aVaSsZLAc6mElSH4g6Ct5bGsNxZcnPL" />

Additional precincts extend toward Bate Bay and Boat Harbour, with built form responding to environmental conditions and proximity to the coastline.

The design framework identifies distinct local character areas, with the master plan structured to reflect “unique natural qualities” across the site.

<hr data-end="2495" data-start="2492" />
<h2 data-end="2544" data-section-id="1vitwqn" data-start="2497">Open space forms core of the design approach</h2>

A key component of the proposal is the allocation of approximately 116 hectares to open space and ecological land.

This includes:

<ul data-end="2846" data-start="2678">
	<li data-end="2702" data-section-id="d96caj" data-start="2678">Three district parks</li>
	<li data-end="2723" data-section-id="17y6uz6" data-start="2703">Nine local parks</li>
	<li data-end="2741" data-section-id="14hui00" data-start="2724">Sports fields</li>
	<li data-end="2778" data-section-id="ts7psx" data-start="2742">Coastal and ecological corridors</li>
	<li data-end="2846" data-section-id="agduax" data-start="2779">Two kilometres of publicly accessible beachfront along Bate Bay</li>
</ul>

The urban design report positions this open space network as central to the structure of the development, rather than ancillary to it.

It is intended to support ecological regeneration, provide recreational amenity and create a connected network across the peninsula.

The plan includes north–south ecological corridors, expanded wetland systems and pedestrian and cycling links designed to connect residential areas to the coastline and open space areas .

<hr data-end="3347" data-start="3344" />
<h2 data-end="3381" data-section-id="ql66rt" data-start="3349">Housing mix and affordability</h2>

The proposal includes approximately 4,300 dwellings across a range of housing types.

This includes high-density apartments, medium-density housing, townhouses and seniors housing.

Affordable housing provision is identified at approximately 240 dwellings, alongside a smaller component of social housing.

The master plan emphasises housing diversity, with the intent of accommodating a range of household types and age groups within the development.

<img alt="Kurnell" data-entity-type="file" data-entity-uuid="d4baba4d-b5b0-4a86-bcad-5d319b036184" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-04-13%20at%209.11.59%E2%80%AFAM.png?VersionId=udYFz0q8tjEPR3pmKLHRSFRJN4dKakPO" />

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<h2 data-end="3919" data-section-id="rgckdv" data-start="3879">Built form controls and height limits</h2>

Proposed building heights across the site range from three to 12 storeys.

These controls are set out within the rezoning application and are intended to manage visual impact, maintain view corridors and ensure compatibility with the coastal landscape.

Floor space ratios and height limits are applied across different parts of the site to reflect varying environmental conditions and proximity to open space and the coastline .

Higher density is generally concentrated within the town centre, with lower-scale development toward the coastal edge and environmentally sensitive areas.

<hr data-end="4548" data-start="4545" />
<h2 data-end="4588" data-section-id="1minlda" data-start="4550">Retail, tourism and employment uses</h2>

In addition to residential development, the proposal includes retail, commercial and tourism uses.

This includes:

<ul data-end="4896" data-start="4706">
	<li data-end="4775" data-section-id="1jrun76" data-start="4706">Approximately 7,000–9,800sqm of retail and commercial floor space</li>
	<li data-end="4803" data-section-id="10kyifw" data-start="4776">A full-line supermarket</li>
	<li data-end="4830" data-section-id="fz1hdg" data-start="4804">Food and beverage uses</li>
	<li data-end="4896" data-section-id="1aqg2fj" data-start="4831">Tourism accommodation, including hotel and short-stay options</li>
</ul>

The proposal also identifies employment outcomes, with the development expected to support jobs both during construction and in ongoing operations.

These uses are concentrated within the town centre and key activity areas across the site.

<hr data-end="5142" data-start="5139" />
<h2 data-end="5172" data-section-id="162x2kt" data-start="5144">Infrastructure and access</h2>

The proposal includes upgrades to Captain Cook Drive, which provides the primary access to the peninsula.

These upgrades are intended to improve traffic flow and support emergency access.

The transport strategy also incorporates:

<ul data-end="5529" data-start="5407">
	<li data-end="5433" data-section-id="fanquy" data-start="5407">Internal road networks</li>
	<li data-end="5469" data-section-id="o6y80y" data-start="5434">Walking and cycling connections</li>
	<li data-end="5529" data-section-id="jgraft" data-start="5470">Proposed public transport routes and bus stop locations</li>
</ul>

The rezoning report includes detailed analysis of transport, flooding, and infrastructure requirements to support the staged development of the site .

<hr data-end="5723" data-start="5720" />
<h2 data-end="5769" data-section-id="14urh3" data-start="5725">Environmental and cultural considerations</h2>

The site is identified as having environmental and cultural significance, including areas of ecological value and Aboriginal archaeological sensitivity.

The proposal includes measures to protect and enhance these areas, including:

<ul data-end="6230" data-start="6004">
	<li data-end="6056" data-section-id="1pzyouo" data-start="6004">Retention and regeneration of coastal vegetation</li>
	<li data-end="6100" data-section-id="bjn2vz" data-start="6057">Strengthening of biodiversity corridors</li>
	<li data-end="6148" data-section-id="1bpeyoj" data-start="6101">Protection of riparian systems and wetlands</li>
	<li data-end="6230" data-section-id="lg0cka" data-start="6149">Integration of cultural interpretation and recognition of Indigenous heritage</li>
</ul>

The urban design report also outlines opportunities for incorporating Indigenous cultural elements into public spaces and landscape design.

<hr data-end="6893" data-start="6890" />
<h2 data-end="6908" data-section-id="w7rk5f" data-start="6895">Next steps</h2>

The proposal is currently on public exhibition, with submissions open to the community. Feedback received during this period will inform the Department of Planning’s assessment of the rezoning.

If approved, the rezoning would establish the planning framework for future development applications across the site.

<hr data-end="6893" data-start="6890" />
<h2 data-end="6908" data-section-id="w7rk5f" data-start="6895">What the NSW Government says</h2>

Minister for Planning and Public Spaces Paul Scully said the planned closure of the sand mine and remediation of the Kurnell Peninsula presents an exciting opportunity to transform the area.

“This proposal envisions a vibrant new beachfront community with thousands of new homes, jobs and great open space in the Sutherland Shire. I encourage the community to have their say during the public exhibition period. Feedback from the community will play an important role in the assessment of the proposal.”

Joel Robinson

Sydney's newest beachfront city: NSW Gov to unlock 4,300 new homes on Kurnell peninsula

A long-awaited transformation of a former industrial site in Holroyd has been given the green light, with the NSW Government approving the $1.2 billion Crescent Parklands masterplan that will deliver more than 1,200 new homes just south of Parramatta.

The State Significant Development approval clears the way for a large-scale mixed-use precinct at <a href="https://www.apartments.com.au/new-apartments/1-crescent-street-holroyd-nsw-2142">1 Crescent Street</a>, replacing an underutilised site with a coordinated residential community anchored by new open space, retail, and commercial uses.

Designed by <a href="https://www.apartments.com.au/architects/woods-bagot">Woods Bagot</a> for WA-based developer Tiberius, the approved scheme comprises seven buildings arranged across two precincts. In total, the development will deliver 1,227 apartments, including 201 allocated as affordable housing, alongside approximately 2,500 sqm of retail and 5,000 sqm of commercial space within a mixed-use podium.

<img alt="Tiberius’ Crescent Parklands to deliver 1,200+ homes in major Holroyd transformation" data-entity-type="file" data-entity-uuid="1cc82dd2-8184-4b86-8665-90653147820d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Crescent%20buildings.png?VersionId=2ZmVDc_Rfc4AzQ6ShzZJlvdZnACLerVM" />

The project is structured as a masterplanned precinct rather than a standalone tower. Buildings 1 to 4 will rise from a shared podium with shop-top housing, while Buildings 5 to 7 are positioned closer to the northern park interface as residential flat buildings. The built form has been carefully modulated to balance density with amenity, with the design resolving building separation, solar access, and wind impacts at a precinct scale.

A significant focus of the design is the activation of Crescent Street and the integration of public domain. The submission notes that “individual townhouses [were] removed for community based functions to Crescent Street to increase activation and surveillance,” reinforcing a more urban and publicly engaged street edge. Retail, commercial tenancies, and resident amenity spaces are concentrated along this frontage and within the podium to support day-to-day activity.

The landscape strategy underpins the project’s identity, with a network of pedestrian connections, landscaped corridors, and open spaces linking the site internally and to its surroundings. The design prioritises permeability, delivering “increased uninterrupted flow between spaces for pedestrian access” and improved connections through to the adjoining parklands.

<img alt="Tiberius’ Crescent Parklands to deliver 1,200+ homes in major Holroyd transformation" data-entity-type="file" data-entity-uuid="19282454-ab2f-4e2c-866f-4b35cf4283d4" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Crescent%20masterplan.png?VersionId=JQdWGYI5B5R1lzmK4omYOp_8KLPkT4Bv" />

Buildings within the western precinct are oriented toward the park, shaping a residential offering defined by proximity to open space. The design describes this approach as creating apartments “immersed in nature with apartments facing the park,” positioning the landscape as a central organising element of the masterplan.

The broader architectural response addresses both infrastructure and context, with taller elements capturing long-range views toward Parramatta while setbacks and separation distances mitigate impacts on surrounding residential areas. Sustainability initiatives, including solar optimisation, cross-ventilation, and integrated landscape systems, are embedded across the scheme.

Located approximately one kilometre south of Parramatta CBD, the 3.6-hectare site is bounded by Crescent Street, Woodville Road, and Holroyd Sportsground. It benefits from strong access to public transport, including nearby bus routes and train stations, and sits within a rapidly evolving corridor earmarked for increased residential density. The design also strengthens connections between surrounding green spaces, including Holroyd Sportsground and Parramatta Parklands.

The approval follows several years of planning, including a rezoning process that enabled significant uplift in height and density across the site. With determination now secured, Crescent Parklands is positioned to play a major role in delivering new housing supply within Greater Parramatta’s growth area.

Tiberius’ Crescent Parklands to deliver over 1,200 homes in major Holroyd transformation

A new State Significant Development application has been lodged over land at <a href="https://www.apartments.com.au/new-apartments/33-43-marion-street-parramatta-nsw-2150">33–43 Marion Street</a>, Parramatta, proposing a high-rise mixed-use tower that leverages planning incentives to deliver a substantial pipeline of new housing, including a dedicated affordable component.

The scheme, currently on exhibition, combines a shop-top housing development with a concurrent rezoning, positioning the site for a significant uplift in density within Parramatta’s evolving southern CBD fringe.

The proposal, designed by <a href="https://www.apartments.com.au/architects/fuse-architecture-0">Fuse Architects</a> for CN Marion, would replace the existing buildings with a 37-storey mixed-use tower, delivering 296 apartments above a retail podium with six basement levels on the 2,376 sqm site.

The residential mix comprises 58 one-bedroom, 207 two-bedroom, and 31 three-bedroom apartments, with communal facilities located on the second level and the rooftop. Ground-level activation is driven by retail and food and beverage tenancies, alongside a publicly accessible through-site link designed to improve pedestrian permeability.

The project includes 194 car spaces, five motorcycle spaces, and 348 bicycle spaces, reflecting a transit-oriented approach in a location directly adjacent to the rail corridor and within walking distance of Harris Park Station.

<img alt="First Look: Plans lodged for 37-storey mixed-use tower with affordable housing at 33–43 Marion Street, Parramatta" data-entity-type="file" data-entity-uuid="3db873ea-62f0-437b-8a6a-eeda154d2dee" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Marion%20building.png?VersionId=YwzBv8OVHwyRnMLGX4slU7QyhTyMZeOX" />

The design adopts a podium-and-tower composition, with a three-storey street wall addressing Marion Street and a reduced two-storey interface responding to adjoining heritage cottages.

A key component of the proposal is the integration of affordable housing under the NSW Government’s in-fill affordable housing pathway, with units to be retained for a minimum of 15 years. This is paired with a broader public domain strategy that emphasises permeability, deep soil planting, and a landscaped through-site link.

“The strategy prioritises a permeable, well-activated public realm and supports a compact tower form to minimise the building’s footprint while enhancing the quality of the ground-level experience,” the design report states.

The proposal includes a central landscaped courtyard, rooftop communal areas, and planting strategies aligned with local environmental conditions and cultural narratives.

<img alt="First Look: Plans lodged for 37-storey mixed-use tower with affordable housing at 33–43 Marion Street, Parramatta" data-entity-type="file" data-entity-uuid="f0e6c165-9967-4d20-9216-e5b8357c85ba" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Marion%20site.png?VersionId=SRod222LwgDmGZJmJY0wTbK39UrWZLSD" />

The site occupies a prominent corner of Marion and Station streets, roughly 100 metres from Harris Park Station, within a precinct earmarked for significant intensification. While the immediate context is characterised by low- to mid-rise buildings and heritage dwellings, planning controls and recent proposals point to a transition toward high-density development.

<section data-scroll-anchor="false" data-testid="conversation-turn-2" data-turn="assistant" data-turn-id="request-WEB:c78224e4-1dd1-48ac-afda-97fe23bac47e-0" dir="auto">
Parramatta has been starved of new apartment supply in recent years. Builder-developers Deicorp and Coronation are the only two currently progressing projects in the suburb. Coronation is nearing completion of <a href="https://www.apartments.com.au/new-apartments/8-phillip-street-2-10-phillip-street-parramatta">8 Phillip Street</a>, which will be the tallest building in Western Sydney once finished, while Deicorp is delivering <a href="https://www.apartments.com.au/new-apartments/cosmopolitan-by-deicorp-parramatta-34-hassall-street-parramatta-nsw-2150">Cosmopolitan</a>, a development comprising over 600 apartments.
</section>

First Look: Plans lodged for 37-storey mixed-use tower in Parramatta

A substantial uplift in height and density is being tested in Lane Cove, with a 225-apartment scheme at 300 Burns Bay Road now on public exhibition as a State Significant Development alongside a concurrent rezoning.

The proposal by <a href="https://www.apartments.com.au/developers/level-33">Level 33</a> would see the demolition of an existing commercial building and associated structures, replaced by a residential development ranging from seven to 15 storeys.&nbsp;

The scheme delivers 225 apartments, including 34 designated as affordable housing, positioning it within the NSW Government’s accelerated Housing Delivery Authority pathway.

The development is arranged as three interconnected residential flat buildings, a response to the site’s long, narrow configuration and sloping topography.&nbsp;

<img alt="First look: 225-apartment Lane Cove tower proposal enters exhibition under State Significant pathway" data-entity-type="file" data-entity-uuid="c325d40c-ead5-45f4-9d77-5a446b23acc0" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Lane%20Cove%20pers.png?VersionId=hsCJxT5hj.5kzA6AMInyan1x8mcHeRez" />

<a href="https://www.apartments.com.au/architects/pbd-architects">PBD Architects</a>, the project’s designer, describe a built form that is “divided into three sections, each connected by intermediate infill slots which are recessed to establish greater setbacks and further articulate the development.”

Across the scheme, apartments are supported by communal amenity at ground and rooftop levels, including landscaped open space and a rooftop pool. Basement and lower ground levels accommodate parking, storage, and building services, while a new public park is proposed along the eastern edge of the site, replacing part of the existing built form.

The architectural response has been shaped by the site’s pronounced fall towards the Lane Cove River, with building heights stepping down from west to east to reduce visual bulk and respond to adjoining bushland.&nbsp;

The design report notes that “the development has been carefully designed to integrate with the existing topography with the placement of massing and floor levels adjusted respecting the site’s inherent characteristics.”

<img alt="First look: 225-apartment Lane Cove tower proposal enters exhibition under State Significant pathway" data-entity-type="file" data-entity-uuid="31cc13a5-bc8b-4dc3-b9b1-07c6ec33a82b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Lane%20cove%20site.png?VersionId=NiyH3LimQwiHsE6Q7I5g4Grpr5fRdZaX" />

The project is being advanced through a concurrent rezoning process, seeking to increase the permissible height and floor space ratio beyond current Lane Cove LEP controls of 21 metres. Under the proposal, height would reach up to 54.5 metres, reflecting a shift toward higher-density outcomes in well-located urban areas.

Located on a 7,595 sqm site, the development sits within an established high-density residential pocket characterised by mid-rise apartment buildings set within a bushland setting. The site is within close proximity to Burns Bay Reserve, the Lane Cove River, and an extensive network of open space, reinforcing its strategic positioning for increased housing supply.

Level 33 is doing through the Housing Delivery Authority to try and get its Homebush project of <a href="https://www.apartments.com.au/news/nsw/level-33-adds-to-2-000-unit-pipeline-with-new-two-tower-homebush-plans">more than 300 apartments approved</a>.

The developer has over 2,000 apartments in the pipeline, predominantly in Wollongong.

First look: Level 33 proposes 225-apartment Lane Cove tower

Following the completion of its debut Palm Beach apartment development EVA on Tenth, local Gold Coast developer Chippendale Group has launched its latest project in the in demand area.

Chippendale Group, led by fifth-generation Palm Beach local Daniel Chippendale, has kicked off sales at&nbsp;<a data-saferedirecturl="https://www.google.com/url?q=https://www.apartments.com.au/new-apartments/elise-palm-beach-3-twenty-fifth-avenue-palm-beach-qld-4221&amp;source=gmail&amp;ust=1775884443343000&amp;usg=AOvVaw2GyxnGQKU2XXwTzQ8_VHgi" href="https://www.apartments.com.au/new-apartments/elise-palm-beach-3-twenty-fifth-avenue-palm-beach-qld-4221" target="_blank">ELISE</a>, 68 coastal-infused apartments just 40 metres from the sand on Twenty Fifth Avenue.

[smartcode_project:default project_id=150992 project_image_fid=366023]

Construction is already well underway, a signal of confidence to buyers, following the demolition of the two-storey walk-up and 1990s built house that sat on two sites that have been amalgamated to create a prime corner block.

There are a mix of two- and three-bedroom apartments on offer, starting from $1.4 million.

[smartcode_project:default project_id=150992 project_image_fid=366024]

Designed by <a href="https://www.apartments.com.au/architects/bda-architecture">BDA Architecture</a>, Elise responds to its coastal setting through a horizontal architectural form with recessed glazing and layered landscaping. The design aims to balance light, shade and sea breezes while creating a defined presence along the streetscape.&nbsp;

Residences have been planned with an emphasis on outdoor living suited to the Gold Coast climate, including large balconies designed as usable outdoor rooms. Interiors will feature a selection of European appliances and natural materials, including New Zealand wool carpets.&nbsp;

[smartcode_project:default project_id=150992 project_image_fid=366033]

Resident amenities are centred around a wellness-focused ground-level precinct. There will be private access to a heated swimming pool, sauna, cold plunge and gym, alongside a residents’ lounge with dining and entertaining space.&nbsp;

<a href="https://www.apartments.com.au/new-apartments/elise-palm-beach-3-twenty-fifth-avenue-palm-beach-qld-4221">ELISE</a> is located towards the northern end of Palm Beach, which puts it just a short walk to Tallebudgera and Currumbin Creeks. At the end of the street is the newly extended Oceanway, a 36-kilometre pathway that runs up and down the Gold Coast.

Chippendale is targeting a late 2027 completion date for <a href="https://www.apartments.com.au/new-apartments/elise-palm-beach-3-twenty-fifth-avenue-palm-beach-qld-4221">ELISE</a>.

[smartcode_project_cta:default project_id=150992]

Chippendale Group launches Elise, 40 metres from the Palm Beach sand

Residential Tenancies Act

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Hi Margaret,
I have an interesting issue relating to a property my wife and I are renting. The property is in fact two separate units: the down stairs is a commercial premises where my wife runs her hair salon while upstairs is a separate residential unit. We live upstairs and pay separate rent on a separate lease for this property.
This is where it gets murky. The landlord is demanding my wife pay the full rates for the premises. As I understand it, my wife is responsible for the rates on the commercial premises below, but not the residential domicile above. The landlord refuses to get the property registered as two separate units and as such is demanding we pay all the rates.
The entire building is on one single water system, making calculation of bills nigh on impossible as well but interestingly upstairs has a separate electricity and gas supply to downstairs. Surely this would be indicative of a separate property.
The landlord is a solicitor and is using a bullying and brutish attitude to try and brow beat us into submission. Her attitude it would seem is that because neither of us has the legal acumen to rebuke her demands she can just steamroller over us. I'm hoping you can point me in the direction of the relevant legal statutes that would help us fight our corner.
Read Margaret Lomas' answer on the next page.
<hr class="system-pagebreak">
I have taken a while to do some research for this question, including seeking some advice from my friend Rob Balanda, who is a QLD property lawyer.
You say that:
"The property is in fact two separate units: the down stairs is a commercial premises where my wife runs her hair salon while upstairs is a separate residential unit. We live upstairs and pay separate rent on a separate lease for this property."
This means that you have two leases in place – a commercial lease for the hair salon, and a residential lease for the unit above, in which you reside.
While it is important to point out that each state has its own Tenancy Act, they do share some commonalities and these commonalities most likely relate to your current problem.
Generally speaking, a commercial lease requires that the tenant pays all outgoings, including council rates, which is currently occurring for you.
Again generally speaking, a residential lease requires that the landlord pay all council rates, and not the tenant.
When it comes to the water rates and usage, a commercial lease requires the tenant to pay both, but in a residential lease the landlord must pay the water rates while the tenant pays the usage.  Note that the way usage is dealt with is different in each state, so you should check with your Department of Fair Trading to see how they are dealt with in your state.
As your water usage is shared and not seperately metered, things are a little tricky.  In QLD, this is what the Tenancy Act has to say:
Residential Lease
If the residence is not individually metered, the tenant can be made to pay water consumption charges for the premises only if:
(a)  the tenant is enjoying or sharing the benefit of a water service to the premises; and (b)  the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and (c)  the agreement states that an amount for the water consumption charges for the premises is payable by the tenant.
However, the full cost can only be passed on to the tenant if the premises are "water efficient" - this being where the premises complies with water efficiency requirements under regulation.
In your case this is going to be difficult, as you won't be able to determine which portion of the usage is for upstairs, but it could be a moot point anyway if you live in a state where all usage is the responsibility of the tenant.  The landlord does, however, have to pay the water rates on the residential part of this property, and could be asked to determine a fair way to separate these out so you, the residential tenant, do not pay.
Note that it is not the zoning which determines the treatment, it is the basis for the lease.  Therefore, the fact that your home is not a separate unit matters little if you have signed a residential lease.
You should contact your state Department of Fair Trading and seek some advice about this.  In my experience they are very helpful and they will be able to act for you to establish a fairer system with this difficult landlord. As a lawyer you would expect her to know the law, but this is not always the case.
 
 
</body></html>

mlomas-KC9MUPZ6Ca

Ask Margaret: Can my landlord make me pay the rates for my residential unit? 

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Reforms to the Residential Tenancies Act have passed without amendment.
REINSW President Leanne Pilkington (pictured above) said the Residential Tenancies Amendment (Review) Bill 2018 passed and REINSW was now commencing the first phase of educating the property management community.
She stated it is important for the profession to understand all of the changes that the new Bill includes as these major changes affect the real estate industry, landlords &amp; tenants.
Particularly as the new rental laws are set to favour tenants.
The Real Estate Institute of NSW had claimed it was blindsided by the proposals and its concerns ignored.
“There are well-meaning, passionate views on both sides of the debate,” Matt Kean, the Minister said in response to a broadside from the institute.
”But my job is to make sure we get the balance right … and get the policy settings in place that will mean landlords and tenants get the best of both worlds.”
McKibbin has more recently sent a letter to NSW Premier Gladys Berejiklian saying people "would be horrified to learn of the level and quality of support the industry receives from Government and the risk this exposes them to as consumers in comparison to the supportive regulatory structure provided to the industry in the other States and Territories of Australia."
McKibbin claimed it would be "grossly negligent" for Ms Berejiklian to ignore the issue.
"We (the real estate industry) are the biggest industry in this state and this country. We make a greater contribution to state revenue than any of the other industries. I would be very surprised if the Premier would ignore a dissatisfied property industry - I think that would be grossly negligent to discard our position," Mr McKibbin claimed.
The REINSW will be however conducting training sessions in 17 locations across the state beginning in Sydney on the 25 October and running to 29 November.
The second phase will follow the release of the Regulation, which are the guidelines that dictate how the act should be applied.
The REINSW had worked to identify areas where reform was needed.
Ms Pilkington said "while many of our lobbying efforts have been adopted in whole or part by the Government, a lot have been ignored, such as the Government’s proposed changes to: alterations to property, break fees, domestic violence, rent increases, and more."
The bill will now be sent to the Governor of NSW for his assent.
The date for the reforms to be put into action has yet to be disclosed. 
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j.ballantyne1990-6AQqhLzZaK

NSW Residential Tenancies Act 2018 reforms have passed without amendment

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GUEST OBSERVER
The Victorian Parliament’s Legislative Council will consider the Residential Tenancies Amendment Bill (RTA Bill) this week, the second last sitting week before the caretaker period ahead of the Victorian Election in November. 
The REIV has worked closely with all political parties to help shape the best possible legislative outcome. 
The Residential Tenancies Act was enacted in 1997: no one is questioning the need for an update to rental laws.
When the Premier announced the RTA Bill, he said it’s purpose was to ‘fix the system and make renting fair for all Victorians’ but the legislation, in its current form, is certainly not fair for investors, property owners and landlords. 
The RTA will deliver an unfair, unworkable and impractical system which would rob landlords of their right to consent to what goes on in their properties, burden them with unrealistic expenses to upgrade appliances and could mean they are not paid their rental on time for four out of every 12 months without any recourse.
The REIV requires the following amendments to the Bill: 
<ul>
<li>
Retaining the current system around rental arrears enabling VCAT to make a call in the manner they do now based on evidence and circumstances;
</li>
<li>
Landlords must be able to consent to pets and there must be provision for pet bonds; 
</li>
<li>
Property owners must be allowed to consent to property modifications and urgent repairs;
</li>
<li>
 
</li>
<li>Retention of the 120 day ‘No Reason’ notice to vacate; and 
</li>
<li>A realistic staggered upgrade (five years) of appliances and an incentive scheme.</li>
</ul>
 
The REIV has written to its members this week, asking them to contact Members of Parliament to explain how the RTA is simply unworkable.
It is in everyone’s interests – renters, investors, agents and government – that we have a system that is fair, balanced and practical.
These proposed changes could have a significant impact on an already constricted rental market: vacancy rates are at record lows, there is declining levels of rental stock coming on to the market and interest rates are rising for the first time in two years.
If the Government makes it too hard then landlords will consider removing properties from the rental market, rents are likely to rise and property owners will be forced to minimse their risk by offering shorter tenancies.
The REIV has advocated strongly against the ‘Rent Fair’ legislation, on behalf of its 5000 members and their landlord clients. The online ‘Rent Fair is Unfair’ petition has 27,000 signatures.
Richard Simpson is the President of the REIV.
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jrobinson-rf4aSBido9

REIV calls for a fair go on rental laws before Parliament this week

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Perth builder Adrian Zorzi is Australia's top house builder. 
<a href="https://www.adrianzorzi.com.au/" target="_blank">Adrian Zorzi</a> took out the coveted 2016 National Residential Builder of the Year at Master Builders Australia's National Excellence in Building and Construction Awards. 
"Zorzi is a thoroughly deserving winner and has been recognised for the highest quality and calibre of his skill and craftsmanship and tradespeople," Wilhelm Harnisch, chief executive officer of Master Builders Australia said. 
"The magnificent quality of the South American Style home which won Zorzi the Award is a showcase of excellence," he said.  
"Every element has been detailed to the tenth degree making the home a masterpiece and Adrian Zorzi truly deserves the accolades that are accorded to him as the 2016 Master Builders Australia Residential Builder of the Year," Wilhelm Harnisch said 
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jchancellor-FAypfDUnLy

Adrian Zorzi wins top MBA builder acclaim

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Complying with your legal obligations is crucial, regardless of whether you use a property manager or self manage your properties.
With this in mind, we're sharing 10 'must know' things from the Residential Tenancies Act in New South Wales and encouraging you to provide your own. Next week, we'll tackle Victoria.
<ol>
<li>
That the following terms are not allowed in your agreement:  - A requirement for the tenant to have the carpet professionally cleaned, or to pay for the cost of this service, at the end of the tenancy. - This may not apply if the tenant has pets. That the tenant needs any sort of specific insurance.  - That any rebate may occur if the tenant does not breach the agreement, and, on the other hand, that a tenant is liable to pay all the remaining rent, increased rent or a penalty if they breach the agreement. 
</li>
<li>
Your tenant has anti-discrimination rights.   While this can be a broad topic, you must not discriminate against tenants on the basis of your tenant's race, religion, sexual oritenation, age or any disabilities. Discrimination can be seen as broad, and may include undertaking extra inspections due to a tenant's age. 
</li>
<li>Pet bonds are not allowed. </li>
<li>
You do not have to allow sub-letting.  If a tenant is sub-letting without your consent, that is having another resident in the house pay rent to themselves, this is against the agreement. 
</li>
<li>
Tenants must be provided 60 days of written notice for a rent increase.   When 'written notice' is mentioned, you must allow time for postage if this is your intended method. It is recommended that landlords and property managers keep clear records of when notices have been sent, to avoid a breach. 
</li>
<li>
The property must be in a reasonable state of cleanliness, and it must be habitable, when provided to the tenant.   While this is a debatable point, it's largely worth remembering the state of a property you would be happy to inhabit, and emulate this. Remember to focus on making the property compliant, safe and clean. 
</li>
<li>
Tenants are required to report the need for repairs and maintenance.  They must also not make material additions or changes, such as the alteration of locks or security devices, or fly screens, without the consent of the landlord. 
</li>
<li>
There is a limit on the amount of bond you can charge a tenant. In New South Wales, this limit is up to four week's of the rent you have agreed to pay. As a landlord or property manager, a bond lodgement form is required to be provided to the tenant. 
</li>
<li>
A landlord must tell tenants 'material facts'.   These material facts include whether the home has been subject to serious flooding or bushfire in the past five years, if there are any health/safety risks or if the home has been the scene of a violent crime in the past five years. 
</li>
<li>
A tenant should be provided with a condition report. The tenant should be provided two copies, one of which is for their records, the other is for the property manager. They should be given seven days in which to complete and return this form.
</li>
</ol>
Do you have any "must know" facts from the Residential Tenancies Act? Share yours below.
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