Lovegrove & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 11 August 2014
“How High is Too High in the Inner City? The Balancing Act of Planning Permit Reviews” (Victorian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
In planning permit appeals, it is critical for the protagonist to have an understanding of the competing considerations of diversity/choice versus amenity/context, of the needs of tradition and identity versus the imperative for change. This week Justin Cotton, partner and head of practitioner advocacy, takes a closer look at a recent planning permit review hearing in inner suburban Melbourne. This is Part 1 of Justin’s article that examines this ‘balancing exercise’.
Although this theme is not entirely on message for a construction and planning law bulletin, the proliferation of geopolitical and regional conflicts around the world be it in the Ukraine, Gaza, or even tensions concerning islands within Japanese and Chinese proximity, the geopolitical landscape is changing. It will thus become more and more important that disputes are resolved by high level negotiation and mediation. An attorney and mediator, from the United States commented that this article is “an excellent and thoughtful read…each ‘global’ concept completely applicable to localized, prosaic conflict”. For this article one of our partners seeks to identify some of the essential qualities for mediators working within this rarefied atmosphere.
Nine Ways to Fix Building Regulation in Victoria (Victorian Readership) By Justin Cotton, Partner and Head of Practitioner Advocacy at Lovegrove Smith & Cotton
The Building Act is still in need of renovation, a bit reminiscent of a partially completed project with a number of significant touches still to be applied. There are also a number of regulatory issues to be tackled and Mr. Justin Cotton, one of the leading building regulatory lawyers in Australia has a few ideas on how to apply the finishing touches. To gain his insights please read this article published by Sourceable. If you wish to comment on Justin’s article, put your comments into the Sourceable commentary slot as they will add to the conversation and may be of use to policy makers.
The Beginner’s Guide to Making a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (NSW readership) By Peter Micevski, construction and planning lawyer, Lovegrove Smith & Cotton
The Building and Construction Industry Security of Payment Act 1999 (NSW) is the primary legislative instrument regulating payment practices in the industry. The Act promotes the flow of progress payments by providing a statutory right for progress payments and a mechanism to quickly and fairly resolve disputes.
For contractors, subcontractors, consultants or suppliers involved in a construction project it is the ‘ace of spades’ that can be used to ensure payments owing to them are paid to them promptly. This article by Peter Micevski is a beginner’s guide to navigate through the Act.
Lovegrove Smith & Cotton’s E-Library is a free online resource of articles, which puts a wealth of information at your fingertips. The articles in the E- Library have been written by lawyers and a number of them have been published in the Australian, The Age and the Herald Sun. Some of the articles date back to the 1990’s.
