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A proposal to transform a former Stockland retail and commercial centre in Toowong in Brisbane’s inner western suburbs into a $450 million mixed-use precinct has received the green light from the Brisbane City Council.

Local development firm State Development Corporation and White & Partners Sydney – the private investment arm of the White family, founders of real estate agents Ray White – acquired the site for about $40 million in March last year with plans to bring new amenities to the riverside suburb.

To be called The Aviary, the project, on a 9000-square-metre site on the corner of Save Share 21/10/2020 Green light for $450m Brisbane development High Street and Sherwood Road, will offer 150 residential apartments, around 30 retail shops and a large office tower.

Based around an “open street theme” and taking its inspiration from Grove Shopping Centre in Los Angeles, The Aviary will also include a fresh food market, an elevated outdoor dining precinct, cinemas, and services such as a medical centre and childcare facilities.

State Development Corporation managing director Ross McKinnon said the project aligned with office tenants’ changing needs and complemented current trends in urban planning that are helping reshape Brisbane’s suburbs. “The significant growth of mixed-used developments is a result of community demand for self-sufficient hubs based on walkability and convenience,” he said.

“If businesses have learned anything from COVID-19, it’s that we don’t all have to be working in the city to maximise productivity.

“While it’s still early days, we expect to see more office users make the shift to central hubs like The Aviary for the lifestyle benefits, where everything you need is at your fingertips and you don’t have to travel into the CBD.”

Dan White, partner at White & Partners, said The Aviary would be the third project undertaken in partnership with State Development Corporation in Toowong.

“As a family business founded in Queensland, we are proud to be a part of a project that will create great local job and business opportunities and contribute to the continued growth of the Queensland economy,” Mr White said.

Construction on The Aviary is expected to start in 2021 and be completed in 2023.

The precinct has been designed by Brisbane architecture firm Nettleton Tribe.

Article Source: Commercial Real Estate

A FULL marketing campaign will be launched early next year after the Brisbane City Council this week approved the $450 million Toowong Town Centre that will reshape the western suburbs.

Nestled in the heart of Toowong, the project — to be known as The Aviary — is set to change Brisbane’s western suburbs, offering a completely new urban community precinct including residential, retail, hospitality, office spaces, shared outdoor spaces and an entirely new streetscape that is set to become a thriving lifestyle destination for the area.

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State Development Corporation managing director Ross McKinnon, who the precinct changing project in partnership with White & Partners Sydney, said marketing will kick off early next year with construction to start later in the year creating 400 jobs.

It is expected to be completed in 2023

“It won’t be a staged development. It will all be built together,” Mr McKinnon said.

Despite Toowong’s location near the Brisbane CBD and the river, the precinct has been significantly underdeveloped for the past 20 years — with The Aviary site on the corner of High Street and Sherwood Road remaining untouched for more than half a century.

Mr McKinnon said the project aligns with office tenants’ changing needs and complements current trends in urban planning that are helping reshape Brisbane’s suburbs.

“The significant growth of mixed-used developments is a result of community demand for self-sufficient hubs based on walkability and convenience,” he said.

“If businesses have learned anything from COVID-19, it’s that we don’t all have to be working in the city to maximise productivity.

“While it’s still early days, we expect to see more office users make the shift to central hubs like The Aviary for the lifestyle benefits, where everything you need is at your fingertips and you don’t have to travel into the CBD.

“We see The Aviary as a one in 50-year opportunity to revive community amenity in Toowong, bringing enhanced liveability to Brisbane’s western suburbs for a generation.

“This will be the fifth project State Development Corporation has undertaken in the inner western suburbs, demonstrating our commitment to this close city precinct.”

Once completed, the 9000msqmsite will offer 150 residential apartments, about 30 retail shops and a large office tower, as well as a fresh food market, an elevated outdoor dining precinct, cinemas, and services such as a fitness/wellness centre, medical centre and childcare facilities.

Dan White, Partner at White & Partners said it was the third project they have undertaken in partnership with State Development Corporation in Toowong.

“We have always believed that Toowong offers both businesses and consumers fantastic amenities and a great location, and so we are excited by the opportunity we have with The Aviary to create a vibrant and diverse precinct,” he said.

The precinct has been designed by award-winning Brisbane architecture firm Nettleton Tribe, known for major urban planning projects including Brisbane’s recently developed Montague Markets at West End.

The development will also see upgrades to High Street with the creation of a dedicated bus lane along the site’s frontage for the busy Toowong bus stop and road improvements will be made at the corner of Jephson Street and Sherwood Road.

The upgrades will significantly improve traffic flow in the area and will ensure the long-term growth of Toowong

Article Source: Thewest

State Development Corporation and White & Partners Sydney have lodged a development application with Brisbane City Council to construct a $450 million town centre in the western suburb of Toowong.

Located on the corner of High St and Sherwood Rd, Toowong Town Centre will feature retail, commercial, residential, entertainment, and leisure facilities along with a range of services like childcare, gym and medical centre across 9,000 sqm of land.

State Development Corporation said it had been looking for a major development site with White & Partners Sydney for five years before purchasing the broader 1.3 hectare site from major diversified developer Stockland last year for $40 million.

Earlier this year, the partners listed a five storey office tower 4,188 sqm of land at 88 Jephson St for sale with hopes of netting $30 million.

“We have developed four projects in the western corridor and understand the Toowong area very well,” State Development Corporation’s managing director Ross McKinnon said.

“Toowong Village is a successful and well-managed centre and we are not trying to compete with this. We’re creating a completely different offer and an entirely new streetscape for Toowong.”

The site was one of the first Woolworths supermarkets in Queensland, opening in 1956, and most of the 150 metre frontage to High Street has been a blank concrete wall for more than 60 years.

Article Source: Australian Property Journal

Inner-city Toowong – one of Brisbane’s oldest suburbs – is earmarked for a massive $450 million transformation inspired by a renowned Los Angeles shopping complex.

But first, serious traffic problems in the congested area opposite Toowong Village and across from the famous Royal Exchange Hotel will need to be addressed.

The development of the old Woolworths site at Toowong – bounded by High Street, Sherwood Road and Jephson Street – was lodged with Brisbane City Council on February 7.

The new Toowong Town Centre proposes two towers: a 16-storey office block and an apartment block of 25 storeys – the maximum under the local plan – with a mix of shopping, retail and entertainment divided by internal courtyards and an open plaza.

About 500 mostly underground car spaces are planned, with entries and exits from all three roads.

Private-sector firm State Development Corporation and Sydney real estate advisory company White and Partners lodged the application.

Their submission evolved out of an application lodged in 2016 by the previous owner, Stockland, which decided not to proceed.

White and Partners bought the Stockland land and lodged a new application with Brisbane City Council in February.

The main part of the proposal comprises twin towers with an open plaza opening on to Sherwood Road. People would be able to enter from either Jephson Street, Sherwood Road or High Street under the proposal, which includes a mix of laneway and open plazas.

Proposal elements
Cinema, gym, childcare and medical centres
Fresh food markets, restaurants, cafes, shopping and entertainment over two levels
A water feature that converts to a stage area Wider footpaths along Sherwood Road and High Street
A four-metre-wide walkway from Jephson Street through Toowong Town
Centre to the Toowong train station
148 apartments and 16 storeys of office and commercial space
About 500 car spaces, both under the units and in an office tower podium
State Development Corporation founder Ross McKinnon said there would be a mix of large one-, two- and three-bedroom apartments.

“There is a lot of accommodation in Toowong already in that student market type of area,” he said. “We are trying to get away from that to offer a larger, better type of unit.”

Mr McKinnon said his company was not trying to compete with the adjacent Toowong Village shopping centre.

“We’re creating a completely different offer, and an entirely new streetscape for Toowong,” he said.

The old Woolworths store on High Street – opened in 1956 – will be replaced.

“We now have the chance to create a whole new image for High Street and Sherwood Road,” Mr McKinnon said.

He said the inspiration for the development was Los Angeles outdoor shopping centre The Grove, which has been called the city’s “living room” and “an institution”.

“Brisbane has a similar climate to Los Angeles, and we believe the open street theme, along with the open-air plaza, is the perfect combination to enhance the existing Toowong area,” Mr McKinnon said.

Mr McKinnon’s company rejected Stockland’s earlier approval for three towers.

“The original application was for three 25-storey towers, and we have knocked it back to one 25-storey tower and one office tower that is 16 storeys,” he said.

The firm has proposed a number of measures to tackle traffic congestion in the area.

Congestion-reduction efforts
High Street to be widened
Development to be set back from High Street, allowing a dedicated bus lane for the Toowong bus stop, as well as two inbound lanes for general traffic
Extra left turning lane from High Street into Sherwood Road
Redesign of High Street and Sherwood Road intersection Loading bays on Sherwood Road will disappear to remove stopping traffic

To view this coverage in the media, visit the links below:

Article Source: Brisbane Times

A planned $450 million development at Toowong aims to give the area a heart.

State Development Corporation’s managing director Ross McKinnon said more than 50 per cent of the site will be public space and will include open-air plazas and community meeting areas. The retail component can be accessed directly from High Street, Sherwood Road and Jephson Street, providing easy street-level entry to the property.

McKinnon said the project would not be competing against Toowong Village but instead would provide a different offer. It will include a mixed-use precinct providing retail, commercial, residential, entertainment, and leisure facilities along with a range of services like childcare, gym and medical centre across the 9,000m2 site.

The development design will encourage pedestrians to use the internal plazas and walkways as access, linking Sherwood Road and High Street to Jephson Street, Toowong train station and the bus stop. The mixed-use development will offer customers a 24/7 lifestyle where they can live, work and play in the one area.

McKinnon said State Development Corporation had spent five years for the chance to buy the site from Stockland. “We have developed four projects in the western corridor and understand the Toowong area very well,” McKinnon said. The site was one of the first Woolworths supermarkets in Queensland, opening in 1956. Most of the 150m frontage to High Street has been a blank concrete wall for more than 60 years.

“We now have the chance to create a whole new image for High Street and Sherwood Road,” he said. The design of the project is based on an outdoor shopping centre in Los Angeles.

“Now more than ever, Toowong needs a heart — a civic plaza to give the suburb a focal point the neighbourhood and community can identify with,” McKinnon said. The open-air plaza will include a water feature that converts to a stage area. The plaza will be used for outdoor dining and food festivals, small concerts, community and special events. The plaza also allows continued easy access to the train station, bus stops and Toowong Village. “We see the plaza as being an ever-changing meeting area — an iconic location that changes from day to night, week to week, and season to season,” Mr McKinnon said.

An upgrade to the High Street and Sherwood Road intersection is also proposed to improve traffic flow.

To view this coverage in the media, visit the links below:

InQueensland

STATE Development Corporation and White & Partners Sydney have lodged a development application with Brisbane City Council to construct a $450 million town centre in the western suburb of Toowong.

The plans were submitted as Mirvac lodged its own DA for the next stage of its $1 billion Waterfront Newstead community on the Brisbane River.

Located on the corner of High St and Sherwood Rd, Toowong Town Centre will feature retail, commercial, residential, entertainment, and leisure facilities along with a range of services like childcare, gym and medical centre across 9,000 sqm of land.

State Development Corporation said it had been looking for a major development site with White & Partners Sydney for five years before purchasing the broader 1.3 hectare site from major diversified developer Stockland last year for $40 million.

Earlier this year, the partners listed a five storey office tower 4,188 sqm of land at 88 Jephson St for sale with hopes of netting $30 million.

“We have developed four projects in the western corridor and understand the Toowong area very well,” State Development Corporation’s managing director Ross McKinnon said.

“Toowong Village is a successful and well-managed centre and we are not trying to compete with this. We’re creating a completely different offer and an entirely new streetscape for Toowong.

The site was one of the first Woolworths supermarkets in Queensland, opening in 1956, and most of the 150 metre frontage to High Street has been a blank concrete wall for more than 60 years.

“We now have the chance to create a whole new image for High St and Sherwood Rd,” McKinnon said.

Inspiration for the design has come from The Grove Shopping Centre in Los Angeles.

To view this coverage in the media, visit the links below:

Australian Property Journal

State Development Corporation and White & Partners Sydney have this week lodged a development application for what would be known as ‘Toowong Town Centre’, a new $450 million mixed-use precinct.

Located on the corner of High Street and Sherwood Road, Toowong Town Centre is a 9,000sqm site that would accommodate a range of amenities activating the centre from early morning until late at night.

A mix of uses that are proposed includes retail, restaurants, bars, cafes, office, residential, leisure facilities as well as a cinema, childcare, gym and medical centre.

Designed by Nettleton Tribe, the development supersedes a previously approved Stockland application which was for a 3 tower concept. The new design includes only two towers and creates more space to open the site to the natural environment providing more public realm space.

Project rundown:

  • Towers: 2
  • Storeys: Residential tower – 25, office tower – 20, theatre – 4
  • Podiums: High Street – 4-5 storeys, Sherwood Road – 4 storeys
  • Basements: 3 levels
  • Total number of dwellings: 145 • 3 bedrooms: 31 • 2 bedrooms: 89 • 1 bedroom: 25
  • Number of theatres: 5
  • Floor area: Retail: 6,367sqm, theatre: 2,522sqm, commercial: 24,265sqm
  • Site cover: Approx. 50%
  • Plaza areas: Sherwood Road: 1,500sqm, High Street: 2,599sqm, total: 4,059sqm
  • Public accessible space: 4,904sqm
  • Landscaping: 10.1% site area
  • Parking spaces: Residential: 233, retail & theatre: 305, commercial: 305, total: 843
  • Basement parking: 606
  • Podium parking: 237
  • Vehicle access: Jephson Street – cars & heavy service vehicles, Sherwood Road – cars & vans

According to the Local Government Infrastructure Plan, one Urban Common is required to be built in the Toowong Major Centre area and provides an “indicative” rather than “specific” location for the Toowong Urban Common.

As a result, designers have provided 6 options for the location of the Toowong Urban Common with a recommended ‘Option 1’ located across from the site, in front of Toowong Village shopping centre as the preferred option, being the only option that can achieve compliance with both the Neighbourhood plan and the Local Government Infrastructure Plan.

State Development Corporation said it had been looking for a major development site with White & Partners Sydney for five years and when the opportunity came to purchase the site from Stockland, knew this was the perfect location.

“We have developed four projects in the western corridor and understand the Toowong area very well.

“Toowong Village is a successful and well-managed centre and we are not trying to compete with this. We’re creating a completely different offer and an entirely new streetscape for Toowong,” State Development Corporation’s Managing Director Ross McKinnon said.

“The site was one of the first Woolworths supermarkets in Queensland, opening in 1956.

“Most of the 150m frontage to High Street has been a blank concrete wall for more than 60 years. We now have the chance to create a whole new image for High Street and Sherwood Road.

“Inspiration for the design has come from one of the greatest outdoor shopping centres in the world, The Grove Shopping Centre in Los Angeles which incorporates the best characteristics of a high street in the one development.

Brisbane has a similar climate to Los Angeles, and we believe the open street theme along with the open-air plaza is the perfect combination to enhance the existing Toowong area.

“Now more than ever, Toowong needs a heart — a civic plaza to give the suburb a focal point the neighbourhood and community can identify with,” Mr McKinnon said.

The open-air plaza will include a water feature that converts to a stage area. The plaza will be used for outdoor dining and food festivals, small concerts, community and special events. The plaza also allows continued easy access to the train station, bus stops and Toowong Village.

“We see the plaza as being an ever-changing meeting area — an iconic location that changes from day to night, week to week, and season to season,” Mr McKinnon said.

More than 50 per cent of the site will be dedicated to public space, including open-air plazas and community meeting areas where locals can take advantage of Brisbane’s sub-tropical climate and lifestyle.

The retail component can be accessed directly from High Street, Sherwood Road and Jephson Street, providing easy street-level entry to the property. The development design will encourage pedestrians to use the internal plazas and walkways as access, linking Sherwood Road and High Street to Jephson Street, Toowong train station and the bus stop.

The mixed-use development will offer customers a 24/7 lifestyle where they can live, work and play in the one area.

“Many inner-city locations either have too much residential or too much office space. High residential areas are often quiet during the day when people go to work, and similarly office areas tend to become ghost towns on weekends,” Mr McKinnon said.

“The mix of retail, office, residential, entertainment and the services we are proposing should provide a strong and active development.

“We have been working closely with Council over the past six months through the DesignSMART process.

“Our plans include upgrades to High Street with the building set back further from the street, allowing for a dedicated bus lane for the busy Toowong bus stop. Allowing buses to stop in front of our development without blocking the two inbound lanes will alleviate traffic in the area, especially during peak hour.

“An upgrade to the High Street and Sherwood Road intersection is also proposed to improve traffic flow,” Mr McKinnon said.

“If the DA is approved, our next step will be to seek expressions of interest from commercial and retail tenants.”

Timing of construction activities has not yet been confirmed as the development is subject to regulatory approval and commercial interest.

For more information about Toowong Town Centre, visit www.toowongtowncentre.com.au/

The development application for this project, available to view on Brisbane City Council’s planning & development online is A005434525.

To view this coverage in the media, visit the links below:

Brisbane Development

A major mixed use development has been proposed for construction opposite Toowong Village, which has been a mainstay commercial hub in Brisbane’s inner western suburbs since 1986.

State Development Corporation and White & Partners Sydney have lodged a Development Application (DA) with the Brisbane City Council to build the proposed $450 million Toowong Town Centre.

The developers emphasise the project is not designed to rival Toowong Village, but they do intend for it to become the “heart” of the area, serving as a “civic plaza”.

The project copmrises retail, commercial, residential, entertainment, and leisure facilities along with services including childcare, a gym and a medical centre.

The developers had been searching for an appropriate major development site for five years, and pounced on the opportunity when Stockland put the 9,000sqm site on on the corner of High Street and Sherwood Road on the market.

“We have developed four projects in the western corridor and understand the Toowong area very well,” says State Development Corporation’s managing director Ross McKinnon.

“Toowong Village is a successful and well-managed centre and we are not trying to compete with this. We’re creating a completely different offer and an entirely new streetscape for Toowong,”

“The site was one of the first Woolworths supermarkets in Queensland, opening in 1956.”

McKinnon says most of the 150m frontage to High Street has been “a blank concrete wall” for more than 60 years, so the town centre project has the chance to create a whole new image for the street.

“Inspiration for the design has come from one of the greatest outdoor shopping centres in the world, The Grove Shopping Centre in Los Angeles which incorporates the best characteristics of a high street in the one development,” he says.

“Brisbane has a similar climate to Los Angeles, and we believe the open street theme along with the open-air plaza is the perfect combination to enhance the existing Toowong area.

“Now more than ever, Toowong needs a heart – a civic plaza to give the suburb a focal point the neighbourhood and community can identify with.”

Around 50 per cent of the site will be dedicated to public space, including an open-air plaza that will include a water feature that converts to a stage area.

The intention is for the plaza to be used for outdoor dining and food festivals, small concerts, community and special events, with continued easy access to the train station, bus stops and Toowong Village.

“We see the plaza as being an ever-changing meeting area – an iconic location that changes from day to night, week to week, and season to season,” says McKinnon.

The retail component can be accessed directly from High Street, Sherwood Road and Jephson Street, providing easy street-level entry to the property.

The development design will encourage pedestrians to use the internal plazas and walkways as access, linking Sherwood Road and High Street to Jephson Street, Toowong train station and the bus stop.

“Many inner-city locations either have too much residential or too much office space. High residential areas are often quiet during the day when people go to work, and similarly office areas tend to become ghost towns on weekends,” says McKinnon.

“The mix of retail, office, residential, entertainment and the services we are proposing should provide a strong and active development.

“We have been working closely with Council over the past six months through the DesignSMART process.”

He noted the company had decided not to proceed with a three-tower project that was approved by Brisbane City Council in 2016.

“The new design includes only two towers and we wanted to create more space to open up the site, providing the local community with more open and effective public areas.

“Our plans include upgrades to High Street with the building set back further from the street, allowing for a dedicated bus lane for the busy Toowong bus stop. Allowing buses to stop in front of our development without blocking the two inbound lanes will alleviate traffic in the area, especially during peak hour.

“If the DA is approved, our next step will be to seek expressions of interest from commercial and retail tenants.”

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Business News Australia To view this coverage in the media, visit the links below:

Business News Australia

A $450 million development application “inspired” by The Grove shopping centre in Los Angeles has been lodged by project managers State Development Corporation and advisory firm White and Partners.

The 8,982sq m site comprises an open-air five-storey plaza, including a theatre, with a 20-storey office tower and 25-storey residential tower on the corner block at 23-51 High Street, 74 Jephson Street and 26-30 Sherwood Road, Toowong.

This application follows the listing of an adjoining five-storey office tower for $30 million in February to help fund the development.

The site is currently anchored by one of the first Woolworths opened in Queensland and sits opposite the train station and Toowong Village built in the mid-1980s.

The Grove in Los Angeles was also planned in the late 1980s but finally opened in 2002 by privately-owned American real estate investor Caruso.

The open-air retail and entertainment precinct featured cobblestone walkways, an art-deco inspired cinema, a water fountain and trolley.

State Development Corporation and advisory firm White & Partners aim create a new “heart” of Toowong by 2023 and work with existing businesses.

“Toowong Village is a successful and well-managed centre and we are not trying to compete with this,” State Development Corporation managing director Ross McKinnon said.

“Most of the 150 metre frontage to High Street has been a blank concrete wall for more than 60 years.

“We now have the chance to create a whole new image for High Street and Sherwood Road.

“Inspiration for the design has come from The Grove shopping centre in Los Angeles which incorporates the best characteristics of a high street in the one development.

“Brisbane has a similar climate to Los Angeles, and we believe the open street theme along with the open-air plaza is the perfect combination to enhance the existing Toowong area.”

Toowong Town Centre is designed by architects Nettletontribe , and features a plaza at ground level with 50 per cent public space and water feature which could be converted into a stage.

The developers “deliberately decided” not to go ahead with council-approved plans from 2018 submitted by previous owners Stockland.

Stockland submitted a successful application for three towers up to 25-storeys with 533 apartments, restaurant precinct, village green and laneway.

“We have developed four projects in the western corridor and understand the Toowong area very well.

“We’re creating a completely different offer and an entirely new streetscape for Toowong,” McKinnon said.

To view this coverage in the media, visit the links below:

The Urban Developer

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      2.3 If you do not agree to these Terms of Use, you must immediately exit and not use or access the Site.

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      Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust provides you with access to the Site in consideration for and in reliance upon your agreement to be bound by these Terms of Use.

      2.5 You agree that we may include any advertising and promotions on Site at our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

      2.6 Your Conduct

      While using the Site, you will not:

      2.6.1 upload any viruses or other malicious code;

      2.6.2 use or access the Site if you are unable to form legally binding contracts or are under the age of 18;

      2.6.3 post, distribute, upload, publish or disseminate any illegal, discriminatory, threatening, defamatory or offensive content;

      2.6.4 post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;

      2.6.5 harvest or otherwise collect information about other users, including email addresses, without their consent;

      2.6.6 breach any provision of the Terms of Use. All or some of the Terms of Use may change from time to time and it is your responsibility to remain familiar with the most current versions;

      2.6.7 solicit other users’ login information or attempt to access an account belonging to someone else;

      2.6.8 use the Site in any manner which might damage, disable, overburden, or impair the Site or interfere with any user’s use and enjoyment of the Site, such as a denial of service attack;

      2.6.9 defame, bully abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of our staff or other users;

      2.6.10 fail to comply with all applicable laws, rules and regulations during your use of the Site, including without limitation, laws related to copyright;

      2.6.11 facilitate or encourage any violations of these Terms of Use; or

      2.6.12 infringe any third party’s rights including intellectual property rights.

      2.7 Content

      2.7.1 The Site and the information, content, illustration, images, statements, figures, calculations and representations including any blog posts or podcasts contained within it are for presentation purposes only and are subject to change without notice as a result of a range of variable factors, including changes in governmental policy or global economic climate. We recommend that you confirm the most current information at the time and consult an independent advisor when necessary.

      2.7.2 Whilst the Site has been prepared with all reasonable care and thought, no warranty is given as to the accuracy, currency or completeness of the information contained within it and it is not intended to be relied upon in any way.

      Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust, its related companies and their consultants and agents accept no responsibility for any of the information contained in this Site or for any action or omission taken in reliance upon it by any party including any user, client or potential client.

      2.8 Commissions

      If you have been introduced to the Site or the services offered by Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust by a third party, that third party may have received a commission for the introduction.

      2.9 Interruptions

      Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust makes no, and expressly disclaims any, representation or warranty that the Site will be available or secure for use by you at all times or at any particular time.

      We are not responsible in circumstances where the Site or any part of it is unavailable at any time due to a power outage or server outage. We have no control over, and no responsibility for, the functioning network you use to access the Site.

      2.10 Suspension

      Without limiting our other remedies, we may limit, suspend or prohibit access to the Site or any part of it, delay or remove content, and take technical and legal steps to keep you off the Site for any reason.

      1. Liability

      3.1 Our liability

      3.1.1 To the fullest extent permitted by any applicable law,

      Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees that any goods or services supplied under these Terms of Use are of satisfactory quality or fit for their purpose) in connection with the Site.

      3.1.2 To the fullest extent permitted by any applicable law,

      Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust will not be liable to you (whether under these Terms of Use or otherwise) for any indirect or consequential loss, loss of profit, data loss, damage to reputation, additional borrowing loss, effects of any insolvency, damage to reputation, claims or allegations by a third party that any material breaches that third party’s rights (including intellectual property rights) you may suffer or incur in connection with the Site. You release and forever discharge Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust from any such liability.

      3.1.3 To the extent

      Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust is able to limit the remedies available under these Terms of Use, Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies (at its election):
      (a) the supply of services again; or
      (b) payment of the cost of having the services supplied again.

       

      3.1.4 You agree that in the event you incur any damages, losses or injuries that arise from or are connected with our acts or omissions, damages are an adequate remedy and you irrevocably waive any right to seek interim, interlocutory or final injunctive relief or specific performance of these Terms of Use and you will have no right to restrain the development, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by us including the Site.

      3.2 Risk

      3.2.1 Except as expressly set out in these Terms of Use, you use and access the Site at your own risk.

      3.2.2 You are responsible for ensuring that your activities on the Site are lawful (including by ensuring you have obtained all necessary consents, permits and authorisations).

      1. Intellectual Property

      Nothing in these Terms of Use transfers any intellectual property rights incorporated in the Site to you.

      1. Privacy

      5.1 When you register an account, submit an enquiry to us or otherwise engage with us, you will be required to provide us with various pieces of personal information. We will collect, store, use and disclose your personal information in accordance with our Privacy Policy.

      5.2 At the time of collecting your personal information, we will take reasonable steps to bring our privacy collection statement to your attention.

      5.3 You warrant to Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust that any personal information you provide to Toowong Central Project Pty Ltd ATF Toowong Central Project Sub Trust about a natural person has been collected with that person’s consent for it to be provided to us to be used in a manner contemplated by these Terms of Use including our Privacy Policy.

       

      1. Miscellaneous

      6.1 Amendments

      We reserve the right to modify or replace any part or all of the Terms of Use and you agree that we may notify you of an such changes by emailing you or posting them on the Site and that your use of the Site subsequent to posting such changes shall constitute your acceptance of those changes. Any amendments to the Terms of Use take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available. It is your responsibility to stay up to date with the current Terms of Use.

      6.2 Severance

      If any provisions of these Terms of Use are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.

      6.3 Waiver and Exercise of Rights

      6.3.1 A single or partial exercise or waiver of a right relating to these Terms of Use does not prevent any other exercise of that right or the exercise of any other right.

      6.3.2 No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

      6.4 No Relationship

      We do not have a trust relationship with you, and we do not owe you any fiduciary duty. No party to these Terms of Use has the power to obligate or bind any other party. Nothing in these Terms of Use will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.

      6.5 Indemnities

      6.5.1 Each indemnity in these Terms of Use is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms of Use.

      6.5.2 It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by these Terms of Use.

      6.6 No Merger

      The warranties, undertakings, agreements and continuing obligations in these Terms of Use do not merge on completion.

      6.7 Rule of Construction

      In the interpretation of these Terms of Use, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward these Terms of Use or any part of it.

      6.8 Links to Third Party Sites

      The Site may contain links to other web sites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by use of the Linked Site or any association with its operators.

      6.9 Jurisdiction

      These Terms of Use are governed by the law in force in Queensland, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

      We make no representation that the Site is accessible, appropriate or legally permissible for use in locations outside of Queensland, Australia and accessing and using the Site is prohibited from jurisdictions where doing so would be illegal.

      Overview

      You can download and print additional copies of the Due diligence checklist (Word, 58KB).

      Before you buy a home or vacant residential land, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. For more information about professional advice, view Seek expert advice on property.

      All sellers or estate agents must make this checklist available to potential buyers of homes or residential property.

      Sellers or estate agents must:

      This page contains additional links to organisations and web pages that can help you learn more.

      Urban living

      High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect.

      For more information, visit:

      Buying into an owners corporation (formerly body corporate)

      If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership.

      For more information, view Owners corporations and read the Statement of advice and information for prospective purchasers and lot owners (Word, 53KB).

      Growth areas

      You should investigate whether you will be required to pay a growth areas infrastructure contribution.

      For more information, visit Growth areas infrastructure contribution – Department of Environment, Land, Water and Planning (DELWP).

      To find out if a property is within the Melbourne Strategic Assessment area, which has special requirements for biodiversity conservation, use the Obligations in the Biodiversity Conservation Strategy Area tool at Native Vegetation Information Management – DELWP.

      Flood and fire risk

      Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums.

      For information about fire risk, visit Your property – DELWP.

      For general information about flood risk, visit the Australian Flood Risk Information Portal – Geoscience Australia.

      To find out who is responsible for floodplain management in your area, visit Catchment management framework – DELWP.

      Catchment management authority websites:

      Rural properties

      If you are looking at property in a rural zone, consider:

      Earth resource activity, such as mining

      You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences.

      For more information, visit:

      Soil and groundwater contamination

      You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future.

      For information on sites that have been audited for contamination, visit Land and groundwater pollution – EPA.

      For guidance on how to identify if land is potentially contaminated, see the Potentially Contaminated Land General Practice Note June 2005 at Planning Practice Notes – DELWP.

      Land boundaries

      You should compare the measurements shown on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries.

      For more information, visit Land Use Victoria.

      Planning controls affecting how the property is used, or the buildings on it

      All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time.

      The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions – known as encumbrances – on the property’s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement.

      Proposed or granted planning permits

      The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local ‘character’ (predominant style of the area) and may increase noise or traffic near the property.

      The local council can give you advice about planning schemes, as well as details of proposed or current planning permits. For more information, visit Browse planning schemes – DELWP.

      A cultural heritage management plan or cultural heritage permit may be required prior to works being undertaken on the property. For help to determine whether a cultural heritage management plan is required for a proposed activity, visit Cultural heritage management plans, permits, agreements and tests – Aboriginal Victoria.

      Safety

      Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites or other potential hazards.

      For more information, visit:

      Owners of a pool or spa must:

      For more information, visit Swimming pools and spas – VBA.

      Building permits

      There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor’s assessment.

      For more information about building regulation, view Building and renovating.

      Aboriginal cultural heritage and building plans

      For help to determine whether a cultural heritage management plan is required for a proposed activity, visit Cultural Heritage Management Plans – Aboriginal Victoria

      Insurance cover for recent building or renovation works

      Ask the vendor if there is any owner-builder insurance or builder’s warranty to cover defects in the work done to the property.

      You can find out more about insurance coverage at:

      Connections for water, sewerage, electricity, gas, telephone and internet

      Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available.

      For help choosing an energy retailer, visit Victorian Energy Compare.

      For information on possible impacts of easements, visit Land registration – Land Use Victoria.

      For information on the National Broadband Network (NBN) visit NBN Co.

      Buyers’ rights

      The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with ‘off the plan’ sales. The important thing to remember is that, as the buyer, you have rights.

      For more information, view Buying property.

      Professional associations and bodies that may be helpful: