In the media
Recovery from 2019-20 summer fires 'will be
prolonged'
It will take many years to restore the economy and
infrastructure of bushfire-impacted areas and for their animal and
vegetation biodiversity to recover. The Australian Seasonal
Bushfire Outlook: July 2020 will be used by fire authorities to
make strategic decisions such as resource planning and prescribed
fire management to reduce the negative impacts of bushfire (17 July
2020).
More...
City Deals can remedy affordable housing shortages:
AHURI
In a new report examining how "placed-based
deals" can leverage affordable rental housing choices near
employment centres, AHURI says employment growth, transport
connectivity and housing choice/affordability are all key
objectives emphasised by Australia's capital city strategic
plans (17 July 2020).
More...
Renewing critical road assets 'delivers economic
advantages'
Renewing road networks will deliver quick benefits to communities
affected by bushfires and the Covid-19 tourism downturn, according
to WSP. Works can also be delivered right across the country,
including in regional areas, spreading the stimulus impact across
metropolitan and rural areas (17 July 2020).
More...
States oppose bigger federal role in emergency
management
State and Territory governments say they oppose the
Commonwealth being referred additional powers to deal with or
respond to natural disasters (17 July 2020).
More...
Regional airport owners owed $10m by airlines, says
AAA
An Australian Airports Association survey has revealed
that 24 regional airports, most owned by councils, are owed $10
million in unpaid fees (17 July 2020).
More...
Turning the digital divide into a digital dividend
Sustainable economic growth means bridging a digital
divide. Local governments must also ensure they can efficiently
meet the expectations of citizens in an era where more of them
anticipate using digital channels to interact with their councils
and access key services – just like they do in so many other
areas of their lives (16 July 2020).
More...
Local government ministers' communiqué
The Local Government Ministers' Meetings has proved a
valuable forum for Local Government Ministers to discuss how the
unprecedented and evolving COVID-19 pandemic is affecting local
government. Ministers have shared information on how each
jurisdiction is managing issues (16 July 2020).
More...
City-as-a-service — a new business and investment
model
A mutually beneficial system between councils and private
companies should be in place for investment in large-scale smart
city platforms (15 July 2020).
More...
Councils want details on $190m recycling fund
The federal government has announced $190 million to
improve waste and recycling. Local government has welcomed the
federal government's announcement of a $190 million fund to
improve waste management and recycling but says the plan is too
light on detail. It comes ahead of the commencement of the COAG
waste export ban next year (06 July 2020).
More...
Victoria
Farmers fly the Eureka flag in their revolt against
water costs
The Eureka flag is flying across regional Victoria again
as farmers make a fresh stand against water prices. They say they
are being ripped off and that towns are dying (17 July 2020).
More...
New Support for Victorian Communities To Stay
Connected
Minister for Suburban Development Shaun Leane and Minister
for Regional Development Jaclyn Symes announced the opening of
applications for the Let's Stay Connected Fund, with grants
available for community organisations, local government (17 July
2020). More...
Grants Program to Help Councils Improve Road
Safety
The Victorian Government is giving local councils across
Victoria the chance to receive up to $100,000 for projects focussed
on making local roads safer, through a Transport Accident
Commission grants program (15 July 2020)
More...
Mornington Peninsula Plan Technology Park
Plans for a new $540 million tech campus in the Mornington
Peninsula have been put to council. The proposal comes as the
council has called on state and federal support for a suite of
projects valued at $320.8 million for the region, including
infrastructure upgrades and the establishment of a technology park
near the Port of Hastings (15 July 2020).
More...
Warrnambool Council delivers vote of no confidence
against CEO
A majority of Warrnambool City councillors have backed a
vote of "no confidence" against CEO Peter Schneider (13
July 2020).
More...
MAV renews call for State Government to defer local
government elections
The Municipal Association of Victoria
(MAV) is once again calling on the State
Government to defer this year's council elections due to the
ongoing negative impacts of the COVID-19 pandemic on councils,
communities and local businesses. The NSW Government has delayed
its council elections for one year until September 2021 (10 July
2020).
More...
Free parking trial backfires as motorists 'overstay
their welcome'
Free parking in Warrnambool's CBD has not worked out
as planned with traders and employees hogging spaces all day,
making it harder for shoppers to find a spot (07 July 2020).
More...
Council unveils new vision for Macaulay precinct
The City of Melbourne has unveiled a new vision for the
Macaulay precinct, covering 90 hectares of land to the north-west
of the central city (06 July 2020).
More...
NSW
Reforms for a world class planning system
The government has also invested almost $10 million to
enhance its ePlanning platform and ensure all councils can get
online to process DAs more quickly and transparently slash DA
processing times by more than half. All councils will have to adopt
the online system by 1 July 2021 (15 July 2020).
More...
Productivity Commission review backs rate reform
Local government rate pegging is discouraging councils
from accepting growth and increasing dependence on infrastructure
contributions, an issues paper says (12 July 2020).
More...
Queensland
Land council purchased for koala habitat still not open
to public
The Mt Gravatt East site was purchased by the council
using the bushland acquisition fund despite having no bushland on
it (15 July 2020).
More...
Treated as a cash cow': Farmers face rate increases
of up to 235 per cent
State lobby group Queensland Farmers Federation accuses
Bundaberg Regional Council of treating farmers as a cash cow (15
July 2020).
More...
Why moving Queensland's border further south might
make sense Analysis
Gold Coast Mayor Tom Tate argues the Queensland border
should move south to make the Tweed River the natural boundary, and
he might have a point (15 July 2020).
More...
Managing social media as an elected member
While the rise of social media has delivered significant
advantages as a real-time communication tool in an increasingly
globalised and networked world, it has also had significant
negative impacts including reduced trust in key institutions and
elected representatives, the obscuring of what is truth and/or fact
and the personal and professional cost of targeted bullying
behaviour (14 July 2020).
More...
'We have had enough': Residents angry over
proposed $4m waste-to-energy plant
A proposed $4 million waste-to-energy incinerator, which
would turn non-recyclable items into electricity, has residents at
Ipswich, west of Brisbane, up in arms over concerns it will
encourage people to create more waste, rather than recycle it (11
July 2020).
More...
United we stand
The LGAQ has four simple roles to play for its members:
advocate, assist, provide savings by leveraging economies of scope
and scale, and innovate. Connect, innovate, achieve is our credo
(10 July 2020). More...
Councils welcome announcement of projects to be funded
under the $200 million COVID-19 Works for Queensland program
Queensland councils will create and support more than
4,600 jobs through the Palaszczuk Government's $200 million
COVID-19 Works for Queensland program (09 July 2020).
More...
Central Queensland councils split over accepting pay
rises
Three of the seven central Queensland councils accept pay
rises for their mayors and councillors, with Gladstone worried
about setting a "dangerous" precedent if it rejected the
independent umpire's decision (09 July 2020).
More...
Can't compete with council': Drive-in owners say
ratepayer funded cinema is keeping them shut
The owners of a popular drive-in say they can't
sustain their business while the Charters Towers Regional Council
continues to fund its own cinema in the North Queensland town (08
July 2020).
More...
Ipswich Council comes clean on financial info
Ipswich Council has adopted a new open government platform
that is says marks a new era in transparency and integrity. A new
portal providing searchable financial information including
councillor expenses and procurement contracts has gone live at
Ipswich City Council (06 July 2020).
More...
In practice and courts
National Heavy Vehicle Regulation Impact Statement
The National Transport Commission has made several
proposals that will affect the access permit approval process for
heavy vehicles among other changes to the Heavy Vehicle National
Law. A summary of these changes on pages 18-21 of the
RIS Guide and read about the full details in the
RIS itself. We are keen to understand council views on these
proposals to ensure that councils rights as road managers are not
overridden in any way. Submissions close in December 2020. More...
Consultation on Proposed Changes to the way Heavy
Vehicle Charges are Set and Invested
The Transport Infrastructure Council
(TIC) and the Department of Infrastructure have
issued a
Consultation Paper examining the way heavy vehicle charges are
currently set and looking to ensure they better reflect the levels
of service delivered by government to the industry. This will have
long-term potential impacts on how council managed road networks
are funded into the future. Consultation or for written submission
swill be open until at least the end of September 2020.
More...
PC Audit of national water resources reforms
The Productivity Commission is to inquire into how
governments are progressing in achieving the objectives and
timelines of the National Water Initiative. The PIC has published
an issues
paper to guide the inquiry. Submissions on this paper are due
by 21 August 2020 (05 June 2020). More...
Victoria
TAC Local Government Area Grants program: Road
Safety
The grants program offers local councils the opportunity
to apply for funding for a range of projects outlined here. Local
councils can apply for grants of up to $30,000 for analysis
projects, and up to $100,000 for safety upgrades. Applications are
open until August 19 (17 July 2020).
More...
Let's Stay Connected: Funding open
The Victorian Government is helping communities to stay
connected during the coronavirus pandemic through a new grants
program to support local initiatives. Applications for the
Let's Stay Connected Fund are open until 31 August and
applicants are encouraged to apply as early as possible (17 July
2020). More...
Metropolitan Melbourne and Mitchell Shire - activities
and access to public land
Changed coronavirus (COVID-19)
restrictions on public land in metropolitan Melbourne and Mitchell
Shire from 8 July 2020.
More...
Public notice: Notice of proposed lease of the premises
known as Kensington Community High School.
?Notice is given pursuant to sections 190 and 223 of the
Local Government Act 1989 (Act) and section 17D of
the Crown Land (Reserves) Act 1978 that the
Melbourne City Council proposes to enter into a lease with The
Minister of Education of the premises known as Kensington Community
High School at the corner of Racecourse and Smithfield Roads.
Written submissions can be made until 13 August 2020.
More...
Public notice: Notice of proposal to make Public
Transparency Policy and Governance Rules and revoke the
Council's Conduct of Meetings Local Law 2019
?The Melbourne City Council proposes to make a Public
Transparency Policy and Governance Rules (Rules)
and revoke the Council's Conduct of Meetings Local Law 2019
(and incorporated Meeting Procedures Code). Pursuant to the Local
Government Act 2020, the Policy and Rules must be adopted by
Council before 1 September 2020.The draft Policy has been developed
to formalise Council's support for transparency in its
decision-making processes and public awareness of the availability
of Council information. Submissions due by 11 August 2020.
More...
Development Contribution Plans Community Infrastructure
Levy
The
2020-21 maximum dwelling amount for a community infrastructure
levy is now available. REMINDER: Councils and other collecting
agencies must publish on their website the payable dwelling amount
for the 2020-21 financial year on or before 1 July 2020, in
accordance with section 46LB of the Planning and Environment Act
1987.
Suburban Parks Program: funding grants from 01 June
2020
Funding for the next round of the program will be open to
eligible local government area from 1 June, with grants of up to
$1.3 million made available for a new pocket park and $275,000 for
a new dog park. Applications close 10 August 2020.
More...
Bushfire recovery grants and funding
A range of funding streams have been announced to support
bushfire-affected
businesses, farmers and organisations as well as
individuals and families including:
- 2020 Clean-Up Program
- Victorian Bushfires Case Support Program
- Australian Government Disaster Recovery Payment
Significant Sporting Events Program
Councils may apply for grants in this funding program to
support the assistance, management or strategic planning of sports
events.
Applications are open until 30 June 2022 in various rounds.
s.186 exemption for council recycling contracts
The Victorian Local Government Minister has
announced a state-wide s.186 exemption for local councils to
extend their recycling collection contracts to 30 June 2021.
Attached is a copy of the letter sent to all councils co-signed
by Minister Somyurek and the Minister for Energy, Environment and
Climate Change, the Hon. Lily D'Ambrosio MP.
City of Melbourne: Public notice - Proposed Naming Of
Private Lanes - 143-171 A'Beckett, 364-376 Queen and 332-346 La
Trobe streets, Melbourne
?Notice is given pursuant to the Naming Rules for places
in Victoria 2016 (Rules) that the Melbourne City
Council (Council) proposes to name four newly
created roads which will be provided within the new development at
143-171 A'Beckett, 364-376 Queen, 332-346 La Trobe Streets, in
Melbourne. All feedback received by Council on or before 24 July
2020.
More...
SRO: Register interest for HomeBuilder
Victoria has signed up to the National Partnership
Agreement that facilitates the HomeBuilder scheme. Eligible
recipients will be able to access grants of up to $25,000 to build
a new home or substantially renovate an existing home. We encourage
you to register
for our HomeBuilder email subscription service so that you can
receive progress updates. More...
SRO: Changes to the fire services property levy
Instead of different levy rates for properties in the
Metropolitan Fire Brigade area and the Country Fire Authority area,
state-wide rates will apply to properties in the same property
classification across Victoria from 1 July 2020. Details about how
the revised levy is calculated will be published on our fire
services property levy page in the coming days.
More...
Golf Course Redevelopment Standing Advisory Committee
– Part 1 Report and finalised Planning Guidelines for the
conversion of Golf Course Land to other purposes
The
Part 1 Report is now available. Following consideration of the
Golf Course Redevelopment Standing Advisory Committee's Part 1
Report, the Minister for Planning has released the
Planning Guidelines for the Conversion of Golf Course Land to Other
Purposes. They set clear expectations for all
stakeholders, including the community, about how golf course land
should be redeveloped. The new
Ministerial Direction 21 Golf Course Redevelopment directs
planning authorities preparing an amendment to a planning scheme to
enable the redevelopment of a golf course to have regard to the
guidelines and include in the explanatory report for the amendment
an explanation of how the amendment addresses the guidelines.
Reminder to submit data on Native Vegetation Removal
across Victoria and release of the AR 2018-2019
DELWP received data on approved permit applications to
remove native vegetation under Clause 52.16 and Clause 52.17 from
47 responsible authorities. The
Annual report 2018-2019 – a report on the operations of the
native vegetation removal regulations is available
here. The 2019-2020 Annual report is now under preparation.
Data log data for the 2019-2020 financial year will be due on 10th
July 2020.
Strategic Extractive Resource Areas Pilot Project
– Consultation
The SERA pilot project proposes planning provisions for
identified resource areas in two pilot locations - Wyndham and
South Gippsland. The proposed planning provisions aim to ensure
only appropriate development and land uses occur close to quarry
sites and on land with resources of strategic importance.
More...
NSW
Have your say: infrastructure contributions
The NSW Productivity Commissioner is undertaking a
comprehensive review of the infrastructure contributions system in
NSW and councils are encouraged to make a submission. An Issues
Paper has been released for public consultation, and the
Commissioner will also be holding stakeholder roundtables in
August. Feedback is due by 5 August 2020.
More...
More fast-track projects announced
The NSW Government has announced its latest list of major
projects for fast-track assessment. Forty-eight projects have been
determined under this program to date. The latest list of 19
projects was announced this week and will be determined by 17 July
2020.
More...
Minister's Good Practice Guideline MGPG-1: Virtual
Meetings
Issued by the Minister for Local Government pursuant to
section 87 of the Local Government Act 2020. The Victorian
Government'sCOVID-19 Omnibus (Emergency
Measures) Act 2020 has introduced into the Local
Government Act 2020 (the Act) new mechanisms that
allows for virtual council meetings –to ensure local
government decision-making can continue during the coronavirus
pandemic. These new measures will be in force from1 May 2020 until
1 November 2020.
More...
Office of Local Government Circulars
20-28 Rules on attendance at council and committee
meetings during the COVID-19 pandemic as of 1 July 2020. Category:
Circular to CouncilsDetails: 20-28 / 3 July 2020 / A709308. Further
relaxation of restrictions on attendance at council and committee
meetings during the COVID-19 pandemic.
More...
eplanning Platform reminder
On 1 July 2020 all Councils across Sydney, Newcastle, the
Central Coast and Illawarra will be required to start accepting and
processing DAs, complying development certificates and post-consent
certificates via the NSW Planning Portal. It will be mandatory for
all greater metropolitan councils to process all applications via
ePlanning by the end of 2020. The remaining councils must process
all applications through the NSW Planning Portal by 1 July 2021.
More...
NSW Revenue Reminder: COVID-19 (coronavirus) and parking
space levy
As part of the NSW COVID-19 stage two economic package,
the NSW Government has deferred parking space levy
(PSL) payments from the end of March for six
months until 30 September 2020, to provide cash flow relief to
businesses.
More...
NSW Planning Department: Have your say - Draft plans and policies
Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020. The
Draft Greener Places Design Guide has been released for
consultation. The draft guide provides information on how to
design, plan and implement green infrastructure in urban areas
throughout NSW. More...
Local government reform
The Queensland Government is delivering a rolling reform
agenda in the local government sector. August 2020 - Planned
Regulation changes to improve transparency through requirements for
meeting agendas and minutes, and registers of interests (planned to
support the Integrity Bill's provisions). More...
DLGRMA: Unite and Recover Community Stimulus Package
Update
The $50 million Unite and Recover Community Stimulus
Package will fast-track South East Queensland councils'
investment in new infrastructure and community assets that create
jobs and deliver economic stimulus to local communities. All
projects must be completed by 30 June 2021. Key dates: Assessment
of applications 6 July 2020 – 24 July 2020, Expected
announcement from 27 July 2020.
More...
PCA: Queensland Government Construction Stimulus
Last week, the Queensland Government announced a $267
million building stimulus package to support construction jobs as
Queensland rebuilds from COVID-19. The package is part of the
Government's Unite and Recover for Queensland Jobs
plan (July 2020).
More...
Queensland Planning Legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19.
More...
DLGRMA: 2019–21 Works for Queensland Program
(W4Q)
The $600 million Works for Queensland
(W4Q) program supports regional Councils to
undertake job-creating maintenance and minor infrastructure
projects.The Queensland Government has amended the 2019-21 W4Q
guidelines to allow 19 Councils to access unspent W4Q funding for
COVID-19 related expenses. Please refer to Appendix 4 of the
2019-21 W4Q Program Guidelines for the list of eligible Councils.
More...
Economics and Governance Committee: Report No. 37, 56th
Parliament—Electoral and Other Legislation (Accountability,
Integrity and Other Matters) Amendment Bill 2019, interim
government response
The Government expresses its appreciation to the Economics
and Governance Committee for its consideration of the bill and
advises that matters relevant to the bill are still under
consideration. The Government's final response to the Report
will be tabled by 7 August 2020.
More...
LGAQ: Release of the Austroads Guide to Temporary
Traffic Management
The formal adoption of the AGTTM in Queensland is planned
for July 2020. In preparation for the adoption in Queensland, local
government officers involved in traffic management activities can
view a
Fact Sheet and the new AGTTM and video presentations providing
an overview of each section on
the Austroads website.
LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here.
Keep an eye on the events page
which will be updates as more events are confirmed in the
calendar.
Cases
Victoria
Adamczyk v Surf Coast SC [2020]
VCAT 761
Surf Coast Planning Scheme; Section 79 Planning and
Environment Act 1987, restaurant, rural land use, traffic, car
parking, fire risk, amenity.
Bowen Park Pastoral Pty Ltd v Baw Baw SC
[2020] VCAT 755
Section 77 of the Planning and Environment Act 1987; Baw
Baw Planning Scheme; Urban Growth Zone; Subdivision; Whether permit
is generally in accordance with Warragul Precinct Structure
Plan
93 Wattletree Road Pty Ltd v Stonnington
CC [2020] VCAT 754
Application pursuant to section 80 seeking a review of
conditions on an amended permit. Compliance with discretionary
controls DDO 19
Tangri v Greater Dandenong CC
[2020] VCAT 750
Application under section 77 of the Planning and
Environment Act 1987 to review refusal to grant a permit; Greater
Dandenong Planning Scheme; General Residential Zone; a double
storey dwelling behind the existing single storey dwelling; two
storey built form, neighbourhood character, landscaping, private
open space; access and car parking. No permit
Cameron v Banyule CC [2020] VCAT
738
Application under section 77 of the Planning and
Environment Act 1987 – to review the refusal to grant a
permit.
Clause 32.08-6 – Construct two or more dwellings on a lot in
a GRZ1 Clause 42.02-2 – Tree removal in a VPO5 No permit
Benson v Surf Coast SC [2020]
VCAT 711
Section 82 of the Planning and Environment Act 1987,
Design and Development Overlay Schedule 13, Setbacks, Landscaping,
Neighbourhood Character
Shetland Estate Pty Ltd v Knox CC
[2020] VCAT 757
Section 77 of the Planning and Environment Act 1987;
Review the refusal to grant a permit; Knox Planning Scheme; General
Residential Zone – Schedule 2; Construction of two or more
dwellings on a lot; Subdivision; Clause 22.07; Neighbourhood
character; Knox Neighbourhood areas; Landscaping
Diaco v Mornington Peninsula SC
[2020] VCAT 682
s149 of the Planning and Environment Act 1987,
Secondary Consent, Display Area, Primary Consent, Green Wedge Zone,
Environmental Significance Overlay Schedule 1
Di Rago v Darebin CC [2020] VCAT
749
Construction of two double storey dwellings.
Application under section 77 of the Planning and Environment Act
1987 – to review the refusal to grant a permit. No permit
Barba v Greater Dandenong CC [2020]
VCAT 746
Greater Dandenong Planning Scheme; additions to an
existing warehouse; 12 metre height; policy at clause 22.03; impact
on existing trees
Barette v Moreland CC [2020] VCAT
740
Moreland Planning Scheme; Neighbourhood Residential Zone;
four dwellings; repeat appeal; neighbourhood character; amenity;
car parking
Pace Development Group v Melbourne CC
[2020] VCAT 731
Section 79 of the Planning and Environment Act 1987 -
reliance on Clause 62 Schedule 1 of the Victorian Civil and
Administrative Tribunal Act 1998 to disregard failure to comply
with requirements of Public Use Zone Schedule 4 – written
consent of public land manager
Zhang v Monash CC [2020] VCAT
729
Monash Planning Scheme; Application under section 82 of
the Planning and Environment Act 1987; GRZ3; VPO1; Amendments to
permit for two dwellings; Amendment C125 Part 2; Permit previously
granted at direction of Tribunal; Off-site impacts.
Counsel v Port Phillip CC [2020] VCAT 743
Section 80 of the Planning and Environment Act 1987. Port Phillip Planning Scheme. Heritage Overlay. Design and Development Overlay. Amended permit. Heritage and urban design implications of enclosure of rooftop terrace. ESD suitability of louvre windows
Jenzen v Ballarat CC [2020] VCAT
739
Section 82 Planning and Environment Act 1987; Ballarat
Planning Scheme; General Residential Zone Schedule 1; Heritage
Overlay Schedule 170; Design and Development Overlay Schedule 4;
Amendment to Planning Permit, Partial demolition, alterations and
additions to an existing hotel, including outdoor dining area and
increase in licensed (red-line) area; Impacts on heritage setting
of hotel and surrounds; Visual impact; Character and locality;
Traffic safety; Conditions.
Mills v Maribyrong CC [2020] VCAT
732
Section 77 of the Planning and Environment Act 1987;
Maribyrnong Planning Scheme; Two Storey Side-by-Side Townhouses;
General Residential Zone; Response to Preferred Character GS1;
Presence of Other Side-by-Side Dwellings.
Anderson v Boroondara CC [2020]
VCAT 727
Section 82 of the Planning and Environment Act 1987,
ground level alterations and two storey extension to an existing
single storey dwelling in a backyard setting, amenity to
neighbouring properties
Xu v Monash CC [2020] VCAT
736
Permit issued for development of five double-storey
dwellings. Application under section 81(1) of the Planning and
Environment Act 1987 – to extend time to commence and
complete development.
Regional Billboard Co Pty Ltd v Surf Coast
SC [2020] VCAT 735
Section 80 of the Planning and Environment Act 1987,
appeal against condition seeking to restrict the content of
advertising to occur on an approved Electronic Promotion sign,
uncertainty of condition in dispute
Xiaoyu v Monash CC [2020] VCAT
734
Section 79 of the Planning & Environment Act 1987;
Monash Planning Scheme;
Seven dwellings – GRZ3, Cls. 21.04, 22.01 & 55;
Neighbourhood Character & Amenity
Victorian Department of Treasury and Finance v Macedon
Ranges SC [2020] VCAT 720
Macedon Ranges Planning Scheme; Section 77 of the
Planning and Environment Act 1987; Farming Zone; Vegetation
Protection Overlay VPO6; Proposed Dwelling; Existing Small Lot;
Relationship to Agricultural Use.
Forte Group Pty Ltd v Whittlesea CC
[2020] VCAT 718
Whittlesea Planning Scheme, Section 80 of the Planning
and Environment Act 1987; permit granted for apartment multi-storey
building with ground level retail uses; two permit conditions
appealed; appeal granted.
Wan v Maroondah CC [2020] VCAT
724
Section 77 of the Planning and Environment Act 1987.
Residential Growth Zone. Design and Development Overlay. Six
double-storey dwellings. Underdevelopment in Ringwood activity
centre. No permit
Hamton Hostplus JVMV Pty Ltd v Moonee Valley
CC [2020] VCAT 712
Moonee Valley Planning Scheme; Activity Centre Zone
– Precinct 9; Question of law; Construction of approved
Transport Assessment Management Plan and Integrated Transport
Plan.
Lambert v Mildura RCC [2020] VCAT
702
Section 77 Planning and Environment Act 1987; Mildura
Planning Scheme; Farming Zone; Use of land for a store;
Non-agricultural use; Mildura Older Irrigation Area; Mildura East
Growth Area. No permit
Chittagong Developments and Constructions Pty Ltd v
Kingston CC [2020] VCAT 681
Section 77 Planning and Environment Act 1987; Kingston
Planning Scheme; Activity Centre Zone Schedule 1; Townhouses;
Whether strategic supports exists.
NSW
Dehsabzi v The Owners Corporation Strata Plan No
83556 [2020] NSWCATAP
142
(1) The appeal is dismissed.
LANDLAW – Strata title – functions of owners
corporation – consent to development application affecting
common property – power of Tribunal to make an order
requiring an owners corporation to give consent to a development
application affecting common property – test to be applied in
determining whether to make an order requiring an owners
corporation to give consent to a development application affecting
common property
LANDLAW - Strata title – owners corporation – functions
of owners corporation – issue of keys – whether the
owners corporation of a mixed commercial and residential strata
scheme should be directed to provide the owners of a commercial lot
with keys giving access to utility meters and keys giving access to
residential areas
Any variation of these hours is subject to the PRIOR CONSENT OF
COUNCIL.
(Reason Amended) As mentioned above, the Appellants seek to utilise
the premises for the operation of a Domino's Pizza restaurant
with extended hours of trade. Hence, the consent of Council is
required.
Shapkin v The Council of the City of
Sydney [2020] NSWLEC 1309
APPEAL – busker permit – revocation
– proper notice
Coffs Harbour City Council v Noubia Pty
Ltd [2020] NSWCA
142
CIVIL PROCEDURE – hearings – procedural
fairness – judge preferring evidence of one expert over
another – earlier role of expert addressed during proceedings
– basis of preference based on earlier role – no
unfairness
ENVIRONMENT AND PLANNING – consent – conditions –
construction – transfer of land to Council – public
purpose – importation of valuation principles from the Land
Acquisition (Just Terms Compensation) Act 1991
(NSW)
JURISDICTION – Land and Environment Court – valuation
of land – no compulsory acquisition – proceedings
transferred from Equity Division – conferral of jurisdiction
on transferee court – Civil Procedure Act 2005 (NSW), s 149B,
149E – Class 4 jurisdiction exercised – Land and
Environment Court Act 1979 (NSW), s 20(1(cj)
JUDGMENTS AND ORDERS – reasons – duty to give reasons
– failure to give reasons – constructive failure to
exercise jurisdiction distinguished
VALUATION – methods of valuation – "before and
after" method – developed land on alluvial floodplain
– whether alternative hypothetical developments the most
financially advantageous use of land – proposed alternative
development subject to natural features of the land and associated
constraints on use – whether alternative development would
have received approval
VALUATION – valuation of land – principles –
whether detention and management of upstream water flows by
downstream land owner a "public purpose" to be
disregarded in a valuation exercise
Bay State Construction Pty Ltd v Woollahra Municipal
Council [2020] NSWLEC 86
APPEAL – appeal from the Local Court –
appeal against severity of sentence – carrying out prohibited
development – advertising sign on crane – multiple
offences – single course of conduct – totality
principle – aggregate sentence not excessive –
individual sentences varied
Sivathas v Cessnock City Council
[2020] NSWLEC 1296
DEVELOPMENT APPLICATION – consent orders –
boarding house
Ayache v Bayside Council [2020]
NSWLEC 1295
DEVELOPMENT APPLICATION – affordable rental housing
– mixed use development – scale – streetscape
Pastoral Investment Land & Loan Pty Ltd v Central
Coast Council [2020] NSWLEC 85
APPEAL - appeal against Commissioner's decision on
questions of law – dismissal of proceedings for want of
prosecution with due despatch under r 12.7 UCPR – whether
misdirection, misconstruction and misapplication of r 12.7 –
absence of assessment of significance of impacts on threated fauna
species – significance assessment not a jurisdictional fact
– absence of significance assessment not fatal to determining
development application – absence of significance assessment
did not delay proceedings – failure to consider and balance
prejudice to parties by dismissing or not dismissing proceedings
– whether denial of procedural fairness on summary dismissal
– failure to give fair opportunity to be heard before
dismissal – remitter of proceedings to Commissioner
Michael Brown Planning Strategies Pty Ltd v
Wingecarribee Shire Council [2020] NSWCA
137
ENVIRONMENT AND PLANNING – development
application – power to grant consent – local
environmental plan – requirement that proposed development
"is compatible" with the "flood hazard" of the
land – assessing compatibility at date of determining
application – whether future measures to ameliorate flood
hazard relevant – future measures not part of application
– Wingecarribee Local Environmental Plan 2010 (NSW), cl
7.9(3)(a)
STATUTORY INTERPRETATION – extrinsic materials –
dictionaries – usefulness of reliance on dictionaries in
statutory interpretation
STATUTORY INTERPRETATION – immediate context –
consistency of operation – local environmental plan –
statutory precondition to granting development consent –
grammatical tense of clause – requirement for contextual
construction of clause
EACT Pty Ltd v Canterbury-Bankstown
Council [2020] NSWLEC 1289
DEVELOPMENT APPLICATION – boarding house –
compatibility with character and streetscape – parking
provision with car share – bulk and scale –
accommodation room size – interpretation of a savings
provision
Legislation
Commonwealth
Regulations
Electoral and Referendum Amendment (Pre-poll Voting and
Other Measures) Repeal Regulations 2020
15/07/2020 - The purpose of the Electoral and
Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal
Regulations 2020 (the Regulations) is to repeal the Electoral and
Referendum Amendment (Pre-Poll Voting and Other Measures)
Regulations 2010 (the 2010 Regulations).
Victoria
Statutory Rules
Local Government (Electoral) Regulations 2020 No 72
These Regulations are made under sections 325 and 326 of the Local Government Act 2020 and section 29 of the City of Melbourne Act 2001 (7 July 2020)
Victorian legislation can be accessed here
NSW
Regulations and other miscellaneous instruments
Rural Fires Amendment Regulation 2020
(2020-414) — published LW 17 July 2020
Environmental Planning Instruments
State Environmental Planning Policy (Penrith Lakes Scheme)
Amendment (Miscellaneous) 2020
(2020-402) — published LW 10 July 2020
Queensland
Bills
Ministerial and
Other Office Holder Staff and Other Legislation Amendment Bill
2018
Stage reached: Passd with amendment on 16/07/2020
The objectives of the Bill are to: provide the Director-General of
the Department of the Premier and Cabinet (the Director-General)
with explicit power to conduct criminal history checks to assess
the suitability of a person to be engaged in a Ministerial Office,
the Office of the Leader of the Opposition or an office of a
non-government member
Acts
Proclamation No. 1
— Justice and other
Legislation Amendment Act
2020(Qld)
This Proclamation is made under section 2 of the Justice
and Other Legislation Amendment Act 2020. This Proclamation fixes
10 July 2020 as the commencement date for parts 20 and 24 of the
Act.
Electoral and Other Legislation (Accountability, Integrity
and Other Matters) Amendment Act 2020
(Qld)
The key policy objective of Chapter 2 is to improve the
actual and perceived integrity and public accountability of State
elections and ensure public confidence in State electoral and
political processes
Commencement: (1)Chapter 2 commences as follows— (c)the
following provisions commence on 1 July 2022—
(i)sections 19, 20 and 21; (ii)section 22, to the extent it is not
in force under paragraph (b);
(d)the remaining provisions of chapter 2, and schedule 1, commence
on 1 August 2020, immediately after the commencement of the
provisions of the Electoral and Other Legislation Amendment Act
2019 that, under section 2 of that Act, commence on 1 August
2020.
(4)Chapter 5 commences as follows— (b)the remaining
provisions of chapter 5 commene on 12 October 2020.
Revocation of Local Government election and State
by-elections Direction (No. 2)
Public Health Act 2005 (Qld) Section 362E. Chief Health
Officer, reasonably believe it is necessary to give the following
direction pursuant to the powers under s 362B of the Public Health
Act 2005 to assist in containing, or to respond to, the
spread of COVID-19 within the community.
Revocation: The Local Government Election and State
By-elections Direction (No. 2) made on 27 March 2020 is revoked,
with effect from 3 July 2020.
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.