In the media
Australia's still building 4 in every 5 new houses
to no more than the minimum energy standard
New housing in Australia must meet minimum energy
performance requirements. What our analysis found is that four in
five new houses are being built to the minimum standard and a
negligible proportion to an optimal performance standard (25 June
2019).
More...
PIA responds to CSIRO Outlook report
CSIRO predictions of a slow decline for Australia without
long-term planning underline the necessity of adopting a National
Settlement Plan, the Planning Institute of Australia said on the 19
June (19 June 2019).
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Report shows need for clear environmental protection
rules
The release of the
Craik report on the 27 June, highlights the importance of
strong environmental protection that Australians can understand,
navigate and support. All Australians will have a chance to share
their ideas as part of the next statutory review of the EPBC
Act, due to commence by October 2019 (27 June 2019)
More...
Tower failures ignite push for reform
The Planning Institute of Australia has called on the
development industry to commit to higher building standards, saying
public faith in apartment towers is at a tipping point. (21 June
2019).
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Victoria
Protecting Victoria's Threatened Species
The Andrews Labor Government is taking urgent action to
protect and save some of Victoria's most vulnerable and
threatened species, with the launch of Zoos Victoria's
five-year Wildlife Conservation Master Plan. The Labor Government
is currently delivering better protections for biodiversity across
the state through the Flora and Fauna Guarantee Amendment Bill 2018
and Biodiversity 2037 (27 June 2019).
More...
Improving the Local Government Act
The Local Government Act is being overhauled for
the first time in nearly 30 years to pave the way for a more
modern, robust and contemporary set of guidelines. It provides a
clear legislative framework to support councils to provide
essential infrastructure and services in their areas (20 June
2019).
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Banning the Bag To Reduce Plastic Pollution
Lightweight, single-use plastic shopping bags will be
banned across Victoria from 1 November 2019, under new legislation
introduced to parliament on the 19 June, by the Andrews Labor
Government. The ban will apply to bags being provided at retail
outlets including supermarkets, fashion boutiques, fast food
outlets, convenience stores and service stations (19 June 2019).
More...
EPA statement on Ravenhall landfill
Environment Protection Authority Victoria
(EPA) welcomes a new VCAT decision to uphold
EPA's works approval for Melbourne Regional Landfill with
varied conditions (17 June 2019).
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NSW
Iconic social housing apartments with Sydney Harbour
views sold to developers
Sydney's iconic Sirius building is sold for $150
million to developers who plan to refurbish the existing building
and deliver 89 apartments, along with retail and commercial spaces
(28 June 2019).
More...
Scape Plans $1bn UNSW Gateway Precinct
The sites were identified as part of Randwick
council's $300 million Kensington to Kingsford draft planning
strategy. The rezoning strategy proposed new building heights for
up to 18-storeys and expanded floor-space ratio controls along the
light rail corridor. Current planning limits restrict building
heights to seven storeys (26 June 2019).
More...
Berejiklian government reveals plan for post-Mascot
Towers crackdown
Homeowners and apartment buyers would be owed a duty of
care by builders and other participants in the property industry,
under proposed reforms outlined by the state government (26 June
2019).
More...
Sustainable density must use evidence and regulated
design
All regulations and building codes, new and old, should be
scrutinised and discussed with gusto. This means recent debate
about the NSW government's Low Rise Medium Density Housing
Code, official on 1 July 2019, is a healthy one (25 June 2019).
More...
Quality green spaces and a million more trees by 2022
under new Premier's priorities
Creating more quality green spaces closer to homes and
increasing the tree canopy by planting one million trees in Greater
Sydney by 2022 are two new Premier's Priorities announced on
the 25 June (25 June 2019).
More...
City of Sydney declares climate emergency
City of Sydney councillors have voted to declare that
climate change poses a serious risk to the people of Sydney and
should be treated as a national emergency (25 June 2019).
More...
Reducing the risk of pollution from service station
runoff
The NSW Environment Protection Authority has released a
guide that outlines how service stations can better protect the
environment from potentially polluted run-off from service station
forecourts (25 June 2019).
More...
Sydney housing squeeze prompts push for more
medium-density development
Medium-density homes like the Keens' have been dubbed
Sydney's "missing middle" by NSW Planning Minister
Rob Stokes, who believes more terrace-style housing is the solution
to the city's real estate squeeze (24 July 2019).
More...
CRCLCL drives world-first green concrete trial on Sydney
road
Concrete made using industrial waste from coal-fired power
stations and steel manufacturing is being used in a world-first
green roads trial in Sydney (17 June 209).
More...
Queensland
Alarm bells rang straight away': Contamination risk
worsened by CSG wells, whistleblower warns
Whistleblowers who helped prosecute Linc Energy in
Queensland's worst contamination scandal say the State
Government is putting royalties and a growing CSG industry ahead of
dealing with an ongoing contamination problem (27 June 2019).
More...
Bowen Hills planning changes set new standards
Future development in Bowen Hills will deliver housing
diversity, high sustainability standards and generous communal
spaces, following an update to the Priority Development Area's
development scheme (22 June 2019).
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Sunland Plans Residential Towers at $1.3bn Gold Coast
Masterplan
ASX-listed developer Sunland has lodged revised plans for
four residential towers at its $1.3 billion masterplan on the Gold
Coast. The revised scheme removes plans for four permit-approved
commercial buildings and increases the number of apartments from
298 to 310 (19 June 2019).
More...
Sekisui House Unveils $1.5bn Plans for Ripley Town
Centre
Japanese-backed developer Sekisui House has revealed its
$1.5 billion masterplan vision for Ripley Town Centre in heart of
Brisbane's rapidly growing western corridor. Ripley Valley was
declared a priority development area in October 2010 (19 June
2019).
More...
In Practice and Courts
Commonwealth
Amendments to the EPBC Act list of threatened species
and ecological communities
The Minister for the Environment, the Hon. Sussan Ley MP,
has amended the list of threatened species and ecological
communities under the Environment Protection and Biodiversity
Conservation Act 1999 to include 34 species and three
ecological communities (28 June 2019).
More...
Proposed variation to the National Environment
Protection (Ambient Air Quality) Measure standards for ozone,
nitrogen dioxide and sulfur dioxide
An impact statement and draft varied measure are required
as part of the statutory process to vary a National Environment
Protection Measure. The public consultation period for the Impact
Statement and draft varied measure is now open. Submissions close
on 7 August 2019.
More...
CER: Public consultation open for changes to solar
postcode zones
The Clean Energy Regulator is proposing updates to
postcode zones for small-scale technologies under the Small-scale
Renewable Energy Scheme. The changes will affect the number of
small-scale technology certificates for eligible systems in certain
postcodes. If agreed, the changes will come into effect from 1
October 2019 (18 June 2019).
More...
GBCA Important Deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 8 April – 4 November 2019.
More...
Announcements, Draft Policies and Plans released 2019
NSW
EPA Practice Note: Managing forecourt
run-off from service stations
The guide provides recommendations on planning and design,
managing risks, and approaches for collecting and treating
forecourt run-off at service stations. The Practice Note can be
downloaded free of charge from the EPA's website
here (25 June 2019).
More...
$1.16 m for local government climate change response
grants
The $1.16 million second round of funding in the NSW
Government's Increasing Resilience to Climate Change grants
scheme to support local councils will open on 1 July 2019.
More...
The Low Rise Medium Density Housing Code has been
deferred to allow for an independent review.
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been
amended to extend this deferral for 45 councils for a further short
period, until 31 October 2019, to allow for an independent review
to be undertaken of the Code (27 June 2019).
More...
New dates for Environmental
Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. CPPs must be finalised and
published on the ePlanning portal by 1 December 2019
Changes to Housing SEPPs
The SEPP will not apply in heritage conservation areas in
Greater Sydney until 1 July 2020.
More...
Queensland
PCA: Planning Update
A number of local and state government planning related
decisions impacting the property industry have been released. These
include the Bowen Hills PDA; Brisbane City Council Car Parking
Amendments and Draft Infrastructure Charges Resolution (27 June
2019).
More...
Cases
Victoria
Raft Development Group Pty Ltd v Kingston
CC [2019] VCAT 960
Seven three storey reverse living townhouses; Whether
contrary to ACZ1 expectations; Car parking and traffic; Amenity
impacts to neighbours.
Huang v Monash CC [2019] VCAT
954
Section 79 of the Planning and Environment Act
1987; Monash Planning Scheme; General Residential Zone;
Vegetation Protection Overlay; Dwellings; Neighbourhood character.
No permit
XYZ v South Gippsland SC [2019]
VCAT 948
Section 82 of the Planning & Environment Act
1987; South Gippsland Planning Scheme; Farming Zone;
Environmental Significance Overlay Schedule 3; Significant
Landscape Overlay Schedule 3; Construction of two additional
dwellings; previous tribunal decision; Planning Policy; Farming
Zone; Impacts on agricultural use of land. No permit
NSW
Arcidiacono as Trustees for the Arcidiacono Family
Trust v Blacktown City Council [2019] NSWLEC
1264
DEVELOPMENT APPLICATION – subdivision service
station and car wash – vegetation buffer as visual impact to
place of State Heritage Significance – vegetation reserve for
endangered ecological communities – biobanking –
biodiversity conservation
Benmill Pty Ltd v Council of the City of
Sydney [2019] NSWLEC
1291
MODIFICATION APPLICATION – impact of the addition of
an awning to an approved development on the heritage significance
of the heritage conservation area
K Capital Pty Ltd v City of Parramatta
Council [2019] NSWLEC 1292
DEVELOPMENT APPLICATION – concept development
proposal – extent of demolition and impact on the heritage
significance of the Roxy Theatre
Muriniti v King [2019] NSWCA
153
APPEAL – leave to appeal from costs orders made
by the Land and Environment Court – whether leave should be
granted under s 58 of the Land and Environment Court Act 1979
(NSW). APPEAL - whether the primary judge applied the correct
test for the making of an order under s 99 of the Civil
Procedure Act 2005 (NSW) – whether the primary judge
based his conclusions on findings that were not open on the
evidence – whether there was bias on the part of the primary
judge – whether there was a denial of procedural fairness
– whether the primary judge erred in considering that he had
previously made a relevant finding that there was no evidence of
conspiracy.
Llanfoyst Holdings Pty Ltd v Randwick City
Council [2019] NSWLEC
1289
APPEAL – development application – alterations
and additions to an approved residential flat building – cl
4.6 requests – conciliation conference – agreement
between the parties
Woodward v Fenner [2019] NSWLEC
1285
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage –
sewer pipe – paving – compensation – respondents
had applied to remove tree
Oboodi v Hornsby Shire Council
[2019] NSWLEC 1287
APPEAL – development application –
construction of two dwellings on new lots created by subdivision
– heritage – engineering – adequacy of right of
way over adjacent property – scale of the proposed dwellings
–amenity of private open space – visual impact –
replacement plantings – whether Vegetation Management Plan
for subdivision can be considered in determining whether there is a
net improvement in indigenous vegetation – directions made
concerning landscape plan
Chief Executive, Office of Environment and Heritage v
Traikaero Pty Ltd; Chief Executive, Office of Environment and
Heritage v Woods [2019] NSWLEC
90
OFFENCES AND PENALTIES – sentence – clearing
of native vegetation – objective seriousness of offence
– substantial environmental harm caused - clearing reckless
– clearing for financial gain – foreseeable risk of
environmental harm – practical measures to prevent risk of
harm – control over causes – offence is low-middle
range – subjective circumstances of offenders – no
prior convictions – prior good character – relatively
early guilty plea – genuine remorse for offence and
consequences – assistance to authorities – appropriate
individual fines – adjustment of fines for multiple offenders
– director and company owned by director – reduction in
individual fines – costs
Wollongong City Council v Phillips
[2019] NSWLEC 64
COSTS - Class 4 proceedings - consent orders - outcome
achieved by the Applicant by the consent orders substantially in
accordance with that sought in the initiating Summons - costs
follow the event absent disentitling conduct - no disentitling
conduct - costs order appropriate - consideration of whether gross
sum order appropriate - gross sum order appropriate - costs ordered
in gross sum of $6,000.
Hunter Industrial Rental Equipment Pty Ltd v Dungog
Shire Council [2019] NSWCA
147
ENVIRONMENT AND PLANNING — consent —validity
— conditions of consent to be approved by Crown
instrumentality — compliance with Environmental Planning
and Assessment Act 1979 (NSW), s 91A — whether consent
unconditional ENVIRONMENT AND PLANNING — consent
—construction — use of development application in
construing development consent — use of environmental impact
statement in construing development consent — significance of
material being included on public register — when document or
plan incorporated into consent — where reference necessary to
describe development adequately ENVIRONMENT AND PLANNING —
consent — breach of conditions of consent — consent
conditioned by purpose of activity — whether quarry breached
limiting purpose by use other than primarily for railway ballast
— whether breach where quarrying outside area specified on
plan — interference with amenity of neighbourhood —
transport of greatly more than 30% of quarrying products by road
ENVIRONMENT AND PLANNING — consent —modification,
revocation or review — whether Council consented to change of
conditions ENVIRONMENT AND PLANNING — existing use rights
— enlargement, expansion or intensification — scope of
existing use rights — date at which existing use rights are
assessed — rights limited for railway undertaking on
particular lands — effect of consent not negated by existing
use rights ADMINISTRATIVE LAW — judicial review —
validity of variation of licence issued by the Environment
Protection Authority — jurisdictional facts —
conditions under Protection of the Environment Operations Act
1997 (NSW), ss 50 and 58
Queensland
Gold Coast City Council v K & K (GC) Pty
Ltd [2019] QCA 132
ENVIRONMENT AND PLANNING – ENVIRONMENT PLANNING
– DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF
CONSENT AUTHORITY – CONSIDERATION OF PARTICULAR MATTERS
– PUBLIC INTEREST – where the respondent applied to the
applicant for a material change of use permit to develop land
within the Detached Dwelling Domain of the 2003 Planning Scheme to
build a service station, convenience store, take-away food premises
and a fast food drive through premises – where the proposed
uses of a cafe and fast food premises conflict with the Planning
Scheme and "should be considered as undesirable or
inappropriate" – where, under s 326(1)(b) of the
Sustainable Planning Act 2009 (Qld), the applicant may
approve uses that conflict with the Planning Scheme provided there
are sufficient matters of public interest to justify the approval
– where the applicant refused the respondent's
application – where the respondent appealed that decision to
the Planning and Environment Court on the basis that, inter alia,
there was a 'need' for the proposed development –
where the learned judge allowed the appeal having been satisfied
that the extent of the need for the proposed development was
sufficient to justify approval despite its conflict with the
Planning Scheme – whether it is in the public interest to
maintain the terms of the Planning Scheme unless the contrary is
demonstrated – whether the respondent identified how the
asserted 'need', or satisfaction of such a need,
constituted a matter of public interest – whether the
Planning and Environment Court applied the statutory requirements
under s 326(1)(b) of the Sustainable Planning Act 2009
(Qld). Local Government (Planning and Environment) Act
1990 Qld s 4.3(2)(c), s 4.4(3), s 4.4(5A)(b); Sustainable
Planning Act 2009 Qld s 326(1)(b), s 759
Urban Properties Centenary Pty Ltd v Cairns Regional
Council [2019] QSC 160
ENVIRONMENT AND PLANNING – ENVIRONMENTAL
PLANNING – DEVELOPMENT CONTROL – CONSENTS, APPROVALS,
PERMITS AND AGREEMENTS – INTERPRETATION AND CONSTRUCTION
– PARTICULAR CASES – where the applicant developer and
respondent Council entered into an infrastructure agreement –
where the agreement waived the requirement for payment of certain
infrastructure charges, to which the agreement referred, in the
event the applicant met various development obligations –
where the development obligations were met – where the
applicant and respondent dispute which infrastructure charges were
accordingly waived under the agreement – where the applicant
and respondent each seek declarations from the Court as to which
infrastructure charges have been waived. Planning Act 2016
Qld ss 49, 61, 113, 119, 121, 122, 123, 144; Sustainable
Planning Act 2009 Qld ss 7, 10
Baker v Chief Executive, Department of Natural Resources
and Mines [2019] QCA 128
STATUTES – INTERPRETATION – PARTICULAR
WORDS AND PHRASES – GENERALLY – where the appellant is
the owner of a rural property – where the appellant was
convicted of having contravened provisions of the Sustainable
Planning Act 2009 (Qld) in respect of clearing undertaken on
the property – where the appellant was convicted of a
"vegetation clearing offence" as defined in the
Vegetation Management Act 1999 (Qld) – where the
respondent's authorised delegate issued the appellant with a
restoration notice and issued a new property map of assessable
vegetation – where the appellant sought to review those
decisions in the Queensland Civil and Administrative Tribunal
–whether the President erred in finding that a decision maker
under s 54B(1) of the Act can reasonably believe that a person had
committed a vegetation clearing offence even though the decision
maker had actual knowledge that that person had been convicted of
committing a vegetation clearing offence
STATUTES – INTERPRETATION – GENERAL APPROACHES TO
INTERPRETATION – GENERALLY – where s 20B of the
Vegetation Management Act 1999 (Qld) provides separate and
distinct circumstances in which the decision maker may make a
property map of assessable vegetation under the Act – where
the word "or" is at the end of each separate
consideration under s 20B – whether the President erred in
finding that a decision maker was entitled to rely upon multiple
subsections of s 20B in making a property map of assessable
vegetation
Sustainable Planning Act 2009 Qld; Vegetation
Management Act 1999 Qld s 20B, s 54B
Council of the City of the Gold Coast v Ashtrail Pty Ltd
& Anor (No.2) [2019] QPEC 26
The substantive proceeding was concerned with an
application brought by the Council of the City of Gold Coast (the
Council) against Ashtrail and Talranch. The relief sought was
essentially for declaratory relief and consequential enforcement
4orders pursuant to s11 of the Planning and Environment Court
Act 2016 and s180 of the Planning Act 2016.
Planning and Environment Court Act 2016 Qld; Planning
Act 2016 Qld; Uniform Civil Procedure Rules 1999
Qld
Legislation
Commonwealth
National
Greenhouse and Energy Reporting (Measurement) Amendment (2019
Update) Determination 2019
This instrument amends the National Greenhouse and
Energy Reporting (Measurement) Determination 2008, to assist
National Greenhouse and Energy Reporting scheme reporters by
improving the clarity and guidance on emissions and energy
reporting and introducing routine updates. (28 June 2019)
Victoria
Bills
Date of second reading speech: 20 June 2019
Environment Protection Amendment Bill 2019
Date of second reading speech: 19 June 2019
Flora and Fauna Guarantee Amendment Bill 2019
Victorian legislation can be accessed here
NSW
Bills introduced Government – 21 June 2019
The object of this Bill is to make miscellaneous
amendments to the Environmental Planning and Assessment Act
1979 and instruments made under that Act and to make minor
amendments to the Land and Environment Court Act 1979
Regulations and other miscellaneous instruments
Biodiversity Conservation Act 2016 — Final
Determinations (2019-283) — published LW 28 June
2019
Environmental
Planning and Assessment (Savings, Transitional and Other
Provisions) Amendment (Local Strategic Planning Statements)
Regulation 2019 (2019-282) — published LW 28 June
2019
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Low Rise Medium Density Housing Code) 2019
(2019-291) — published LW 28 June 2019
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.