Think Nicholsons

Oct 28

Buying Near The Milton Brewery

Looking to buy a residential property in the Milton area? Then you should be aware of the ‘Affected Area’ of the Milton Railway Precinct.

The ‘Affected Area’ of the Milton Railway Precinct is an area stretching north to Heussler Terrace and Haig Road, south to Coronation Drive, east to Castlemaine Street and Boomerang Street and west to Torwood Street and Eagle Terrace.

The ‘Affected Area’ has been designated due to its close proximity to the Milton Brewery.

Properties in the ‘Affected Area’ have legislated restrictions (under the Sustainable Planning Act 2009 (“SPA”)) which affect owners and residents of newly developed residential property, to protect the historic XXXX Brewery (‘Milton Brewery’) and its Industry use.

The Milton Brewery holds a development approval to carry out an industry use, namely a brewery, at its prominent site located in Milton. In carrying out its use, the Milton Brewery is permitted to release a certain level of emissions, light and noise from its facility, in accordance with its development approval conditions.

Under Chapter 8A of the SPA, buyers who acquire new residential property located in the ‘Affected Area’ are restricted from taking action against the Milton Brewery in both civil and criminal jurisdictions, in relation to emissions or noise created by the Milton Brewery – so long as the levels emitted are in accordance with the development approval which the Milton Brewery holds.

Before buyers enter into purchase contracts for new residential developments in the ‘Affected Area’, the developer is required to register an Administrative Notice on the Title of the property being sold.  The purpose of that Administrative Notice is to provide notice to the buyer that they are purchasing within the ‘Affected Area’.

If the developer fails to register the required notation on the title of the Property, then the buyer will gain certain extra rights under the contract, including termination.

It is important that buyers and sellers dealing in property located in the ‘Affected Area’ properly investigate the requirements which must be complied with under the Sustainable Planning Act 2009, to ensure that:

  • For sellers: that their Contract of Sale is not vulnerable to the rights of the buyer, including rights of termination; and
  • For buyers: that they are aware whether or not their property is subject to the restrictions in the Sustainable Planning Act 2009, as mentioned above.

If you would like more information in relation to the requirements for properties located in the ‘Affected Area’ of the Milton Rail Precinct as either a buyer or a seller, please feel free to call Nicholsons Solicitors on (07) 3226 3944.