In the media – National
Clean Energy Innovation Fund helps Australian
manufacturer reinvent the wheel for global markets
Australia's Clean Energy Innovation Fund is to invest in a
Geelong-based company that has developed world-leading technology
to tackle one of the most difficult to address sources of carbon
emissions - light vehicles (22 December 2016).
More...
Multibillion dollar taxpayer bill as Australian
emissions rise and projected to keep rising without substantial new
policies
According to government data out today, Australia's emissions
have increased by over four million tonnes in the year to June 2016
and are projected to keep rising to 2030. Without stronger energy
and climate policies, government's own inadequate 2030 target
will be blown by around a billion tonnes, said The Climate
Institute (22 December 2016).
More...
In the media – Victoria
Jude Munro Appointed Victorian Planning Authority
Chair
Former Brisbane City Council CEO Jude Munro AO has been appointed
the inaugural chair of the Victorian Planning Authority. The new
Victorian Planning Authority will work on the long-term plans
needed to cope with the state's growing population, set to
reach 10 million people by 2051 (23 December 2016).
More...
Environmental Plan in Place for the Metro
Tunnel
Minister for Planning Richard Wynne has signed off on the rigorous
Environmental Effects Statement for the Andrews Labor
Government's landmark Metro Tunnel Project. As a result of the
EES, 119 fewer trees will be lost, Fawkner Park will no longer be
used for the project and property acquisition in Kensington has
been reduced from 22 to one (21 December 2016).
More...
Sky rail: Supreme Court dismisses residents' bid to
derail project
The Lower Our Tracks Inc group had taken action in the Supreme
Court, challenging as unreasonable Planning Minister Richard
Wynne's decision to use powers of discretion during the
notification of planning changes (20 December 2016).
More...
New design rules to prevent 'dog box' apartments
in Victoria
Design standards to ensure newly built apartments contain natural
light and enough room for a fridge and bed will be introduced in
March next year, the Victorian Government says (17 December 2016).
More...
In the media – New South Wales
Nearly 100 compliance inspections at NSW sites in
November
The Department's latest compliance report detailing monitoring
of major projects around NSW shows during November our officers
visited 98 sites to make sure companies were following the rules
(23 December 2016).
More...
Forty-two year high for homes built
New data reveals that we're building most new Sydney homes
east of Parramatta as completions across Sydney reach their highest
figures in more than four decades (22 December 2016).
More...
New Aboriginal cultural heritage laws a step
closer
The NSW Government will start drafting new Aboriginal cultural
heritage legislation aimed at creating a respectful and workable
model for cultural heritage protection. The current legal framework
sits inappropriately in the National Parks and Wildlife
Act (21 December 2016).
More...
Nation leading access to environmental
data
The NSW Government has launched the first stage of a new online
portal that offers public access to NSW environmental data. The
Sharing and Enabling Environmental Data (SEED) portal currently
includes 70 sets of data from nine different NSW Government
agencies, with further data sets to be added during the next stage
of the portal's development (20 December 2016).
More...To view SEED visit: www.seed.nsw.gov.au.
Heritage Floor Space sale incentivises heritage
conservation
Today, Property NSW announced the sale of 8,541 square metres of
unused development potential, known as Heritage Floor Space (HFS)
rights, for circa $11.7 million (excluding GST), on behalf of Fire
& Rescue NSW (20 December 2016).
More...
Certainty and clarity for wind energy
The NSW Government's new wind energy framework will encourage
opportunities to harness clean energy, and ensure the interests of
local communities are taken into account during project assessments
(19 December 2016).
More...
Tamworth and Armidale named regional cities in 2036
vision
Tamworth and Armidale will be officially recognised as regional
cities for the first time, as part of a new 20-year vision for the
New England North West region (19 December 2016).
More...
$4.7 million in grants now available to increase
recycling
Grants to help councils, industry and business increase their
recycling capacity and efficiency are now open for application as
part of the NSW Environment Protection (15 December 2016). More...
In the media – Queensland
Views sought on new Great Artesian Basin water
plan
The Palaszczuk Government is seeking public input on a draft water
plan for the vital Great Artesian Basin and several other regional
aquifers (05 January 2017).
More...
Community safety at the heart of Stage 2 Roma Flood
Mitigation Project approval
More properties in Roma will be better protected from flooding
with approval granted for Stage 2 of the Roma Flood Mitigation
Project. The approved development application has a number of
conditions attached to ensure the levee is constructed, operated
and maintained adequately (05 January 2017).
More...
More jobs for North Queensland as Clare Solar Farm
financially closes
North Queensland's solar credentials continue to shine with
another large-scale solar farm reaching a major financial
milestone. Construction of the Clare Solar Farm is set to begin in
early 2017, with the farm expected to be grid-connected and fully
operational by early 2018 (30 December 2016).
More...
First Solar 150 project signed in the Solar
State
Energy Minister Mark Bailey and Genex, the project proponents of
the large-scale Kidston solar project and energy storage facility,
today signed the deed of agreement for the Palaszczuk
Government's long term financial support of the project (22
December 2016).
More...
Plan released for $3bn resort development on Gold
Coast's Spit
Details are released for a $3 billion resort development at The
Spit on Queensland's Gold Coast — but any development
would still be years away, as it needs approval from the State
Government (18 December 2016).
More...
In practice and courts – Victoria
Announcements, Draft Policies and Plans released 2016
The Planning Permit Activity Report for November 2016 is now available (22 December 2016).
In practice and courts – New South Wales
Current and future impacts of climate change on marine
fisheries and biodiversity
On 14 September 2016, the Senate referred the following matters
related to the Environment and Communications References Committee
for inquiry and report by 30 June 2017.
More...
Retirement of coal fired power stations
On 13 October 2016, the Senate referred the following matter to
the Environment and Communications References Committee for inquiry
and interim report by 28 November 2016 and final report by 1
February 2017.
More...
Fifth Emissions Reduction Fund auction
The Clean Energy Regulator will hold a fifth auction in April
2017, with details of that auction to be released early next year.
Full results from the fourth Emissions Reduction Fund auction are
available at
Auction - November 2016.
Proposed Basin Plan amendments — Invitation for
public submissions
The Murray–Darling Basin Authority (the Authority), acting
pursuant to subsection 47(4) and (5) of the Water Act 2007
(Cth) (the Act) seeks submissions from interested persons on
proposed Basin Plan amendments. Submissions are due by 10 February
2017. The Authority's
webpage provides more information on the proposed amendments
and information on how to make a submission.
Announcements, Draft Policies and Plans released 2016
NSW: Draft Plan to Save NSW Energy and
Money
A Draft Plan to Save NSW Energy and Money is a proposed plan to
meet the NSW Government's energy savings target and save money
for NSW households and businesses. This plan is part of the broader
Draft Climate Change Fund Strategic Plan, which includes other
potential actions for energy efficiency beyond the 2020 energy
savings target. This plan also aligns with the policy directions in
the
NSW Climate Change Policy Framework.
Following public consultation between 3 November and 16 December
2016, the NSW Government is now developing a new action plan for
national leadership in energy efficiency.
NSW Department of Planning: Designing our
future
Good design is sustainable, functional, socially beneficial, and
most of all it is future proof. Our design focus will build on work
undertaken in 2016, which saw the Office of the Government
Architect launch the
draft Architecture and Design Policy. This policy will play an
important role in helping to deliver high quality urban design and
better places for people across NSW. You can find out more about
good design from the
Office of the Government Architect (21 December 2016).
NSW: Coastal SEPP –Extension to Consultation
Period
The consultation period on the draft Coastal Management State
Environmental Planning Policy, accompanying maps and the draft
section 117 Ministerial direction has been extended to 20 January
2017.
In practice and courts – Queensland
Consultation: Draft South East Queensland Regional Plan
(ShapingSEQ)
Following collaboration with the region's 12 local
governments, state agencies, and community and business, ShapingSEQ
is open for community feedback until 3 March 2017. ShapingSEQ is
the Queensland Government's new regional planning framework to
sustainably manage change and growth in South East Queensland. See
ShapingSEQ website to
view the plan and find out how you can have your say.
Updated State Planning Policy: public
consultation
An updated State Planning Policy (SPP) is open for public
consultation from 21 November 2016 to 10 February 2017 to commence
alongside the new planning legislation on 3 July 2017. Submissions
close 10 February 2017.
More... More...
Cases – Victoria
Lower Our Tracks Inc v Minister for Planning [2016] VSC
803
JUDICIAL REVIEW – Planning – Amendment to planning
scheme – Incorporated document – Removal of level
crossings – Elevated rail design – Minister's
decision to exempt himself from statutory exhibition and notice
requirements – Whether decision unreasonable or irrational
– Whether decision made for an improper purpose –
Whether Minister's discretion fettered – Planning and
Environment Act 1987 ss 17, 18, 19, 20(4).
Woldeyes v Brimbank City Council [2016] VSC
639
PLANNING & ENVIRONMENT – Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
under s.148 of the Victorian Civil and Administrative Tribunal
Act 1998 – Application for planning permit to develop
land – Tribunal made interim order permitting the applicant
to submit modified plans – Tribunal then decided the
application 'on the papers' without further submissions
– Whether the Tribunal failed to afford procedural fairness
– Whether Tribunal had duty to inform parties of its opinion
about the modified application – Leave granted - Appeal
dismissed.
Patterson v Russell (Civil Claims) [2017] VCAT
30
Australian Consumer Law (Vic) section 18; misleading and deceptive
conduct; internet advertisements; fine print qualifications;
alleged transitory effect of misleading conduct; representations as
to future matters; ACL s.4(2) evidentiary burden; contractual
promises; sale of used car.
Australian Muslim Media Ltd v Hume CC [2017] VCAT
25
Hume Planning Scheme; community centre in an Industrial 3 Zone;
the establishment of potentially sensitive land uses in an
Industrial 3 Zone; built form outcomes in an Industrial 3 Zone.
Cases – New South Wales
Millers Point Fund Incorporated v Lendlease (Millers
Point) Pty Ltd [2016] NSWLEC 166
JUDICIAL REVIEW – request to modify Barangaroo concept plan
– whether PAC correctly construed Casino Control Act
1992 – whether PAC properly exercised its powers, duties
and functions under s 75W of the Environmental Planning and
Assessment Act 1979. JUDICIAL REVIEW – request to modify
Barangaroo concept plan – whether PAC correctly construed
Casino Control Act 1992 – whether PAC took into
account irrelevant considerations in contravention of s 75W of the
Environmental Planning and Assessment Act 1979. JUDICIAL
REVIEW – development application to construct Crown Casino
Hotel Resort in Barangaroo – whether contingent on the
modification of the Barangaroo concept plan. JUDICIAL REVIEW
– development application to construct Crown Casino Hotel
Resort in Barangaroo – whether PAC took into account
irrelevant consideration in contravention of s 79C of the
Environmental Planning and Assessment Act 1979.
Cases – Queensland
Tighe
& Anor v Pike & Ors [2016] QCA 353
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – CONSENTS, APPROVALS, PERMITS AND
AGREEMENTS – CONDITIONS – where the second respondent
issued a decision notice under the Integrated Planning Act
1997 (Qld) approving an application for reconfiguration of the
original lot into two lots – where condition 2 of the
approval conditions required creation of an easement for access,
on-site manoeuvring and connection of services for the benefited
lot, lot 2, over the burdened lot, lot 1 – where the
registered proprietors of the original lot did not include grant of
an easement for "on-site manoeuvring" or "connection
of services and utilities" – where the second respondent
nevertheless endorsed the survey plan – where the titles for
lot 1 and lot 2 were created upon registration of the survey plan
with this easement registered on the titles – where the
applicants subsequently became the registered proprietors of lot 1
and the first respondents subsequently became the registered
proprietors of lot 2 – where the first respondents applied in
the Planning and Environment Court for a declaration that condition
2 of the development permit had been contravened and an enforcement
order directing the applicants to comply with condition 2 –
where the Planning and Environment Court granted the application
– where it was submitted by the applicant that the primary
judge erred in finding the Court had jurisdiction to make the
enforcement order by reason of the commission of a development
offence where there was no such offence – whether s.245, in
combination with s.580(1), of the Sustainable Planning Act
2009 (Qld) operated to make condition 2 continue to have
effect by attaching condition 2 to lot 1 after the reconfiguration
of the lot had been completed and the approval had been spent
– whether condition 2 imposed any obligation upon the
applicants even though they were not parties to the reconfiguration
of the original lot approved by the development approval –
whether the applicants committed a development offence by failing
to comply with condition 2 – whether a development offence
existed that could support the making of an enforcement
order.
REAL PROPERTY – TORRENS TITLE – INDEFEASIBILITY OF
TITLE – EXCEPTIONS TO INDEFEASIBILITY – OMITTED OR
MISDESCRIBED EASEMENT – where the applicants contended that
the primary judge erred in deciding the application on the basis
that the first respondents had no indefeasible title to the land
sufficient to deny the applicants' claim where it was further
submitted that the primary judge erred in finding that a
development approval which 'runs with the land' is an
exception to indefeasibility of title – whether any question
of indefeasibility arose in this case.
Novadeck
Pty Ltd v Brisbane City Council [2016] QPEC
068
PLANNING AND ENVIRONMENT – substantially completed
development for a 49 multi-unit dwelling in Calamvale – where
the applicant requested changes to the approval to reflect
adjustments which occurred in the course of construction –
where a commercial competitor, constructing a similar development
on the adjoining land, wishes to object to the changes –
whether the proposed changes constitute permissible changes.
48
Stuart Pty Ltd v Brisbane City Council [2016] QPEC
067
PLANNING AND ENVIRONMENT – development approval for a
multi-unit dwelling with visitor car park spaces to remain
unimpeded by gates or other structures – where the applicant
requested changes to the approval in order to install garage doors
– whether the proposed change constitutes a permissible
change.
Australian
Leisure And Hospitality Group Pty Ltd v Brisbane City Council
[2016] QPEC 066
PLANNING AND ENVIRONMENT - local laws – appeal against
refusal of a licence for a digital advertising device on a heritage
listed hotel – whether device appropriate in the prevailing
environment – whether device would have an unacceptable
impact on the hotel and, in particular, its heritage value.
Gympie Regional Council v Pye [2016] QPEC
65
I order the respondent, by herself, her servants, or agents to,
remove the advertising sign erected on Lot 3 on Crown Plan MPH24229
and situated at 106 Old Maryborough Road, Gympie within (30) days
of today's date. Local Government Act 2006 s.259;
Sustainable Planning Act 2009 ss.473, 578, 580, 601(1)(a),
604, 605 & 606.
Quintenon
Pty Ltd v Brisbane City Council [2016] QPEC
064
PLANNING & ENVIRONMENT – appeal against deemed refusal
of a development application for a material change of use –
proposed mixed use development for aged care, assisted living
units, medical consulting rooms and health training facilities in a
20 storey building – whether proposal in conflict with the
planning scheme provisions by reason of its height – where
area in the process of planned revitalisation and intensification
– likely future development – reasonable expectation
– economic and community need – sufficiency of need and
other grounds to justify approval notwithstanding conflict.
Fortress
Freeholds Pty Ltd v Brisbane City Council & Ors [2016]
QPEC 063
PLANNING & ENVIRONMENT – Appeal against Council's
deemed refusal of the appellant's development application,
seeking approval for reconfiguration of a lot, and material change
of use, to permit development of a self-storage facility on land
within the low density residential zone in Carseldine –
whether there are sufficient grounds to approve the proposed
development despite conflict with the planning scheme –
whether there is a need for the proposed development.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.