Planning blight, fair compensation and the P&E Amendment Act: what landowners need to know now
Why this case matters for landowners The recent Barrett judgment clarifies how compensation is assessed when a planning reservation constrains development. Most importantly for landowners and claimants, the Court explained where the legal onus lies and how uncertainty in the “before and after” valuation is resolved. The result materially strengthens the position of affected landowners […]
ReadmoreNot the ‘vibe’ – VCAT confirms operator identity is irrelevant to planning permit decisions
McDonald’s Australia Limited v Darebin CC [2026] VCAT 283 (24 April 2026) (a) Key takeaway In the recent Northcote McDonald’s case, VCAT has delivered a clear message: councils cannot refuse a permit amendment simply because the community objects to a particular brand or operator. Where a use is permitted as of right under the planning […]
ReadmoreMinister for Planning approves the Beveridge North West Precinct Structure Plan
The Beveridge North West Precinct Structure Plan (PSP) was approved by the Minister for Planning and officially gazetted on 5 August 2025, as part of Amendment C158mith to the Mitchell Planning Scheme. The PSP outlines a comprehensive framework for developing approximately 1,279 hectares of land situated south of Wallan and northwest of Beveridge in Victoria. […]
ReadmoreThe Goldmate appeal: Statutory disregard and just terms compensation for compulsory acquisition of land
The NSW Court of Appeal in Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales has allowed an appeal against the Land and Environment Court’s assessment of the amount of compensation payable for the compulsory acquisition of property pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (the Act). The decision has […]
ReadmoreDevelopers don’t look away now…the week that was
Last year the Victorian State Government announced ambitious housing targets, committing to delivering 800,000 dwellings in greater Melbourne over the next 10 years, plus 425,600 new homes for regional Victoria by 2051. Under increasing pressure to meet these targets, the Government has had a bumper week of housing-related announcements. The Gadens Real Estate & Construction […]
ReadmoreDuties update: Purchasing land in NSW for $20 million or more – Revenue NSW’s updated assessment process
Revenue NSW is introducing a new duty assessment process for transactions with a dutiable value of $20 million or more, which may affect timeframes for purchasers to receive their duty assessment from Revenue NSW. What is changing? Revenue NSW is transitioning its assessment process for transactions involving agreements or contracts for the sale of land […]
ReadmoreBusy day in Parliament – Victorian Government responds to stamp duty and apartment design standards
On Thursday 21 March 2024, the Victorian Government released its responses to the inquiries in relation to land transfer duty fees and apartment design standards. Key takeaways are provided below. Commercial and Industrial Property Tax The government in its response confirmed its commitment to abolish and replace stamp duty with the Commercial and Industrial Property […]
ReadmoreThe Montague Precinct and Fishermans Bend – Have your say on Victoria’s largest urban renewal project
The Department of Transport and Planning (DTP) has released the draft Montague Precinct Infrastructure Plan (PIP) and draft Development Contributions Plan (DCP) for Fishermans Bend. These documents are on public exhibition until 23 February 2024 and will have a substantial impact on landholdings across the Fishermans Bend urban renewal area. The Fishermans Bend urban renewal […]
ReadmoreVCAT returns to in-person planning and valuation hearings
After more than 2 years of online hearings, this week VCAT reintroduced in-person planning and valuation hearings where appropriate. This Gadens planning update provides an overview of what hearings will now be held in person, what we can except in the hearing rooms and the COVID-19 safety measures that have been implemented. What hearings and […]
ReadmoreChanges to Victorian planning law to support environmentally sustainable developments
The Minister for Planning has approved Amendment VC216 (Amendment), with the changes to the Victorian Planning Provisions taking effect from 10 June 2022. What does the Amendment do? The Amendment makes changes to the Victoria Planning Provisions and all local Planning Schemes to support environmentally sustainable development (ESD) outcomes. For the first time, all local […]
ReadmoreVCAT Fast Track List for post-permit applications
From 1 July 2022, VCAT will establish a Fast Track List to expedite a number of post-permit applications. These changes are designed to improve the efficiency of VCAT’s procedures and to provide certainty to applicants and developers – particularly after a permit has been secured for a development site. The following applications under the Planning and […]
ReadmoreCOVID-19 | Victorian Commercial Tenancy Relief 3.0 – Victoria introduces extended rent relief for small business
In response to the ongoing impact of COVID-19, the Victorian Government has now released the Commercial Tenancy Relief Scheme Regulations 2022 (Vic) (2022 Regulations) which extends the entitlement to rent relief and related protections for certain small businesses. What has changed? Our previous publication on the Commercial Tenancy Relief Scheme Regulations 2021 (2021 Regulations) can be found […]
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