In the media – National
On development and planning for the
future
The last couple of weeks have seen state governments looking far
into the future, with the Greater Sydney Commission's draft
plan, the NSW government's Future Transport Strategy (both
looking to 2056) and the release of a draft framework for
Fishermans Bend in Melbourne (out to 2050) (26 October 2017).
More...
Recycling Council calls for improved safety, fire and
environmental standards
Members of the National Waste and Recycling Industry Council
(NWRIC) met on 12 October to discuss key issues
affecting the waste industry, with the meeting resulting in several
calls to action. Key standards the industry are concerned about
include: the stockpiling of combustible material; landfill levy
avoidance; poorly managed small landfills; illegal dumping for
commercial gain; and fraudulent activity involved in cash for scrap
(24 October 2017).
More...
Battery storage could be hard hit by new energy
policy
Battery storage for renewable energy may be too expensive under the
Federal Government's new energy policy, the industry says (19
October 2017).
More...
No answers yet for two-thirds of the economy not covered
by latest energy plan
Farmers, builders and the trucking industry might be forced to do
extra work to cut greenhouse gas emissions because of the way the
National Energy Guarantee is designed (18 October 2017).
More...
Coalition signs off on new energy plan to replace Clean
Energy Target
The Coalition agrees to ditch the Clean Energy Target and signs off
on Malcolm Turnbull's latest plan, which the Government says
will make power bills cheaper and more reliable while still cutting
down carbon emissions (17 October 2017).
More...
Renewables industry reels after Coalition reveals energy
plan
"Keeping the lights on" is a pretty low goal for energy
policy, but it's what Malcolm Turnbull has promised, after it
emerged today that a recommended Clean Energy Target had been
killed and the long-standing Renewable Energy Target would follow
in 2020 (17 October 2017).
More...
Consumers to save billions on their power bills as
Limited Merits Review legislation passes parliament
The Turnbull Government has today passed legislation that removes
the ability of energy network companies to appeal the decisions of
the Australian Energy Regulator (AER) (16 October
2017).
More...
Becoming more urban: attitudes to medium-density living
are changing in Sydney and Melbourne
Australia is increasingly linked to a fast-growing global
population. The populations of Sydney and Melbourne are both
expected to exceed 8.5 million by 2061. What will Australia's
cities look like then? (26 October 2017).
More...
Australia world's second-worst offender for
biodiversity loss
Australia is one of just seven countries responsible for more than
half the world's biodiversity loss between 1996 and 2008
— and investing in conservation is the key to slowing the
decline (26 October 2017).
More...
EU votes to prioritise energy efficiency
The EU Committee on Industry, Research and Energy
(ITRE) have adopted
amendments to the
Energy Performance of Buildings Directive
(EPBD), advancing energy efficient renovations of
existing buildings, and including infrastructure to support
electric vehicles in new buildings and building energy performance
monitoring (25 October 2017). More...
Delivering Better Bang for Buck from our
Infrastructure
A new approach to infrastructure business case development is
urgently required if we are to maximise the value of our future
investments. Peak association, the Australian Sustainable Built
Environment Council (ASBEC) has identified twelve
recommendations to reform how governments justify their
infrastructure spend (18 October 2017).
More...
GBCA: Charting a course towards carbon neutral
portfolios
Just last week, the Australian Government launched the National
Carbon Offset Standard for Buildings and the National Carbon Offset
Standard for Precincts. These national standards are the result of
many months of close collaboration between the property industry,
represented by the GBCA, the federal government and NABERS. We now
have clear definitions, making it simple for asset owners to meet
these standards (16 October 2017).
More...
Mirvac chief says focus groups tell another story about
higher density living
A major developer boss has admitted the property industry has a
problem convincing Australian residents of the benefits of
higher-density living (26 October 2017).
More...
Solar costs to fall further, powering global demand:
Irena
Solar power is in the midst of boom because of sharp drops in costs
and efficiency improvements, pushing global capacity from virtually
zero at the start of the century to 300 gigawatt
(GW) by the end of 2016, a figure expected to rise
again by 2020 (23 October 2017).
More...
In the media – Victoria
New advisory experts to support Goulburn-Murray
Water
The Andrews Labor Government is establishing an advisory panel of
experts to support Goulburn-Murray Water (GMW) in
ensuring a prosperous and productive irrigation district across
Northern Victoria. The advisory panel will report to the Minister
for Water and the GMW Board, and will provide options to ensure GMW
is best placed to take advantage of the $2 billion Connections
Project (27 October 2017).
More...
New technologies to recover energy from
waste
The Andrews Labor Government has released a discussion paper on
converting waste to energy to support the development of new
technologies, including anaerobic digestion and thermal treatment
of waste. To read the discussion paper, click here
(26 October 2017).
More...
Fishermans Bend to prioritise walkability and
sustainability
The newly released Fishermans Bend Draft Framework has put
sustainability at the centre of proposals for planning and delivery
of the urban renewal project. It also includes a strong focus on
developing better cycling infrastructure and cycling links, and
sets a walk score target of 90 per cent for all residential
dwellings (24 October 2017).
More...
EPA approves application from Boral Cement for new
Geelong facility
Environment Protection Authority Victoria (EPA)
has approved a works approval application from Boral Cement Ltd to
construct a new clinker grinding facility at Walchs Road, North
Shore, Geelong (Lascelles Wharf) (23 October 2017)
More...
In the media – New South Wales
Rezone proposal for new homes and parkland in
Warnervale
A new plan to provide a greater versatility of housing and more
parkland on the Central Coast has been progressed following the NSW
Department of Planning and Environment approval of a Gateway
application (27 October 2017).
More...
New homes and open space set for Southern Highlands at
Moss Vale
A rezoning in the Southern Highlands will release new greenfields
land that will deliver new housing choice for the region (27
October 2017).
More...
Planning bill enters parliament
Long anticipated reforms to the NSW planning system were released
with the introduction of the Environmental Planning and
Assessment Bill 2017 into the Legislative Council this month.
The Bill largely mirrors draft legislation, with a substantial
focus on increasing community participation and on strengthening
strategic planning at the local level (27 October 2017).
More...
Sydney's developers and builders on notice to get
their site right
Almost two thirds of Sydney local government areas will be targeted
in the next 'Get the Site Right' erosion and sediment
control campaign, which began on 1 November (26 October 2017).
More...
Greater Sydney Commission firms up plan for three
cities
Greater Sydney Commission head Lucy Turnbull said the release of
the draft Greater Sydney Region Plan was "pivotal" to
managing the growth of the city over the next 40 years, enabling
the majority of people to commute to their nearest city within 30
minutes, through the Western Parkland City, west of the M7; the
Central River City, based around Parramatta; and the Eastern
Harbour City (24 October 2017).
More...
Sydney expands residential waste
collection
The City of Sydney has unanimously voted to start collecting food
waste, textiles and e-waste, in a bid to get to zero waste by 2030.
The plan, to be carried out over the next two to three years, will
set new standards for residential waste collection across the
country (26 October 2017).
More...
Learn more about the revitalisation of
Telopea
The local community is encouraged to have their say on an exciting
20-year vision to transform Telopea with new homes and a vibrant
new town centre (25 October 2017).
More...
The future of the Beryl Solar Farm to be
decided
An application by First Solar Pty Ltd to build an 87 megawatt solar
farm approximately 5km west of Gulgong has been referred to the
Planning Assessment Commission for determination (24 October 2017).
More...
$113m funding boost for infrastructure to fast track
housing supply
A boost of $113 million funding boost to accelerate the delivery of
vital infrastructure to support new homes in NSW was announced
today by Minister for Planning and Housing Anthony Roberts (24
October 2017).
More...
Lake Macquarie City Council & Daracon Contractors
fined for leachate leak
The NSW EPA has fined Lake Macquarie City Council and Daracon
Contractors Pty Ltd $15,000 each after leachate leaked from a
broken pipe at the Awaba Waste Disposal Facility. Some of this
leachate reached local waterways, including an un-named creek that
flows to Kilaben Creek and Lake Macquarie (25 October 2017).
More...
Pollution incident sees Hilltops Council enter into
Enforceable Undertaking
Hilltops Council has entered into an Enforceable Undertaking with
the NSW Environment Protection Authority (EPA)
following an air pollution incident that occurred from 8 to 26
October 2016 (25 October 2017).
More...
Man arrested following investigation into illegal
dumping
On Wednesday 25 October the EPA, with NSW Police, executed a number
of search warrants in Castle Hill, Guildford, Bass Hill, Merrylands
West and Parramatta. The warrants were part of a complex and
thorough EPA investigation into the alleged unlawful disposal of
waste, including waste contaminated with asbestos (25 October
2017).
More...
Turnbulls fined $708,750 for illegal
clearing
Two landholders from the Moree area have been fined a total more
than $700,000 plus costs for illegally clearing native vegetation
on properties at Croppa Creek in north western NSW (24 October
2017).
More...
Smart Green Apartments snags built environment Green
Globe
The City of Sydney's Smart Green Apartments program has taken
out the built environment category at NSW's annual Green Globe
awards, held last week (24 October 2017).
More...
Broken Hill Pipeline to be built
Minister for Regional Water Niall Blair today announced John
Holland MPC Group Joint Venture will design and construct the River
Murray to Broken Hill pipeline at a total cost of $467 million, in
what is a game-changing piece of water infrastructure (23 October
2017).
More...
Exciting new era dawns for Bonds historic industrial
site
The former Bonds Spinning Mills site in Sydney's west is now
one step closer to being revitalised after changes to zoning were
approved by the NSW Government this week (20 October 2017).
More...
Court orders Toronto waste facility to install stronger
leachate management measures
The Land and Environment Court has ruled in favour of the EPA in
its decision on matters before the Court in a case commenced by Jet
Group Australia Pty Ltd. The Court decision requires Jet Group
Australia Pty Ltd to install stringent pollution management systems
at its Toronto composting facility (19 October 2017).
More...
Parramatta Light Rail must stimulate development along
the route
The Urban Taskforce believes that when transport infrastructure
projects are announced there should be a related announcement about
the number of new homes to be developed (18 October 2017).
More...
Revitalising Newcastle
The amenity of Newcastle City Centre has sky-rocketed with the
removal of heavy rail infrastructure. The next phase of
Revitalising Newcastle involves a planning proposal for future land
use in the former heavy rail corridor (18 October 2017).
More...
NSW all alone as Victoria announces bag
ban
Victoria's ban on single-use plastic bags has left NSW the last
state to act, falling behind every other state in Australia and
even the major supermarket chains who have already taken action to
ban the bag (18 October 2017).
More...
Jupiter wind farm responds to feedback
The proposal to construct the Jupiter wind farm near Tarago has
been amended by EPYC Pty Ltd in response to community feedback,
including a reduction in the number of turbines (17 October 2017).
More...
Commenced reviews of water sharing plans
The Commission has commenced review of the Water Sharing Plan for
the NSW Border Rivers Regulated River Water Source 2009.
The review of two other water sharing plans will follow (16 October
2017). More...
EPA fines Hydromet for water pollution and poor waste
storage
The NSW Environment Protection Authority has fined Hydromet
Corporation $30,000 for inadequate storage of waste materials and
polluting waters at their Tomago facility (15 October 2017).
More...
In the media – Queensland
PCA: Industry seeking job-creating election
commitments
The Property Council has developed a policy blueprint to deliver
positive economic and social outcomes over the next parliamentary
term and is seeking support for these from the party leaders (29
October 2017).
More...
Burdekin nitrogen trials pay off for cane farmers and
Reef Report Card
Burdekin farmers are using less nitrogen, increasing their profits
and improving water quality in the Great Barrier Reef thanks to the
Palaszczuk Government's RP20 Burdekin Nitrogen Trials (27
October 2017).
More...
3,000 renewable energy jobs make Qld shine as energy
investment leader
Energy Minister Mark Bailey said the Palaszczuk Government is
investing $21 million to improve access to solar panels and
household storage batteries and offering no-interest loans to help
those Queenslanders who don't have access to the upfront
capital required to invest in solar and battery to help reduce
their bills and be part of a clean energy future (27 October 2017).
More...
Carbon farming could be worth $8 billion to Queensland
by 2030
Queensland's emerging carbon farming industry could generate
billions of dollars for our economy by 2030, according to a new
report released today (25 October 2017).
More...
New planning scheme paving the way for Yarrabah
community
Yarrabah residents will benefit from the introduction of a new Town
Planning Scheme this week, which will provide for future
development in Yarrabah while protecting cultural heritage and
natural assets (23 October 2017).
More...
Turnbull Govt must turn on funding tap for Qld water
projects
The Palaszczuk Government has put $12.5 million on the table to
help fund a vital water project in the Burdekin that could deal
with long term salinity problems (20 October 2017).
More...
Local Government 10 Point Plan released
The Local Government Association of Queensland's 10 Point
Election Plan calls on all parties contesting the poll to commit to
a range of funding proposals and policy changes aimed at improving
the liveability of local communities and strengthening regional
economies (16 October 2017). More...
In Practice and Courts
CER: Conditions precedent and ACCU
delivery
If you have an Emissions Reduction Fund
carbon abatement contract with the Clean Energy Regulator you
must deliver a pre-agreed quantity of Australian carbon credit
units (ACCUs) according to the schedule in your
contract. Through the
auction qualification assessment process, the Clean Energy
Regulator may require that
conditions precedents form part of your contract—to
reduce the risk of non-delivery (23 October 2017).
More...
Consultation on the Regulation Impact Statement for a
national phase out of PFOS
A Regulation Impact Statement for consultation on a National phase
out of PFOS – Ratification of the Stockholm Convention
amendments on PFOS is now available from the Department's
website for comment. The consultation RIS proposes a national
approach to managing PFOS chemicals to minimise future emissions.
The consultation period closes on 18 December 2017 (23 October
2017).
More...
AER: Commonwealth Government announces a National Energy
Guarantee
On 17 October, the Commonwealth Government accepted advice from the
Energy Security Board (ESB) to establish a
National Energy Guarantee. The ESB has provided the COAG
Energy Council with advice on changes to the National Electricity
Market (NEM) and legislative framework. The ESB
specifically provided recommendations to support the provision of
reliable, secure and affordable electricity with a focus on
ensuring: the reliability of the system is maintained; the
emissions reduction required to meet Australia's international
commitments are achieved; the above objectives are met at the
lowest overall costs (17 October 2017).
More...
CER: Updated guidance and Auditor Registration
Instrument now available
On 29 September 2017, the National Greenhouse and Energy
Reporting (Auditor Registration) Instrument 2017 (the
Instrument) underwent some minor changes. In
addition to these minor legislation changes, the
audit determination handbook and the
audit information hub has been updated to provide more detailed
guidance to auditor (20 October 2017).
More...
More...
Announcements, Draft Policies and Plans released 2017
NSW
Have your say on a new development at Walsh
Bay
Plans for an upgrade to Sydney's Walsh Bay arts and cultural
precinct are on exhibition from today for community consultation.
Submissions can be made until 24 November 2017. To make a
submission or view the Environmental Impact Statement for the
proposal, click
here (26 October 2017).
More...
EPA updated Noise Policy for Industry
The NSW EPA has published the Noise Policy for Industry,
replacing the existing Industrial Noise Policy, to ensure that the
policy settings for the EPA's regulation of noise from large,
complex sites is up to date, clear and effective (26 October 2017).
More...
Have your say on Greater Sydney's
future
A new plan sees Greater Sydney reshaped into three connected cities
by 2057. The Greater Sydney Commission's draft Regional Plan
and Transport for NSW's Future Transport strategy for
metropolitan Sydney are open for public comment (23 October 2017).
More... More...
NSW People and Places Dashboard
A new online tool that gives a snapshot of NSW's people,
demographics and green areas now and 20 years into the future has
been launched by Minister for Planning and Housing Anthony Roberts
(16 October 2017).
More... More....
Draft NSW Waste and Resource Recovery Infrastructure
Strategy 2017-2021
The EPA would like to know what you think about the draft NSW Waste
and Resource Recovery Infrastructure Strategy 2017-2021. The
EPA's NSW Environment Protection Authority's
(EPA) Waste and Resource Recovery (WARR) Strategy
2014–21 sets targets for the diversion of waste from
landfill, increasing from 63% in 2014/15 to 75% by 2021.
Submissions close on 20 November 2017.
More...
EPA: $3 million in grants now available for Community
Recycling Centres
The NSW EPA and the NSW Environmental Trust (ET)
are calling for local government, not-for-profit organisations and
businesses from select Local Government areas to apply for grants
to set up Community Recycling Centres (CRC) for
the collection of household problem wastes. Applications are open
until 15 November 2017. For more information about the grants
including how to apply and information sessions please click here.
Community Consultations on Exhibition
Policies
EP&A Regulation Review Close 24/11/2017
Draft Primary Production and Rural Development State Environmental
Planning Policy and planning reforms Close 18/12/2017
Cases
Victoria
Gurner 26-56 Queens Parade Pty Ltd v Yarra CC [2017] VCAT
1745
Section 79 of the Planning & Environment Act 1987;
Yarra Planning Scheme; Mixed Use Zone; Heritage Overlay; Design
& Development Overlay; Construction of 295 dwellings in a
ten-storey building; Construction of four three-storey townhouses;
Heritage; Built form.
Petrou v Bupa Aged Care Australia Pty Ltd (Human Rights)
[2017] VCAT 1706
Indirect discrimination - section 9 Equal Opportunity Act
2010 - meaning of " effect of disadvantaging persons with
an attribute", "not reasonable", section 53(f)
discrimination in providing accommodation, section 55 reasonable
alterations to accommodation, section 44 subjecting person to
detriment in connection with provision of a service - claims
dismissed.
Datta Yoga Centre Australia v Wyndham CC [2017] VCAT
1693
Wyndham Planning Scheme; Green Wedge Zone; Place of worship;
Impacts on agricultural uses on the land and the wider area;
Intensity of use; Hours of operation; Number of worshippers; Noise;
Lightspill; Traffic. No permit.
Bourke v Campaspe SC [2017] VCAT 1660
Section 82 of the Planning and Environment Act 1987.
Application for review of a responsible authority's decision to
grant a planning permit. Campaspe Planning Scheme. Outdoor piggery.
Farming Zone. Intensive animal husbandry. Sufficiency of planning
applications materials and management plans. Role of guidelines
other than those incorporated in the planning scheme. No
permit.
Australian Catholic University v Yarra CC [2017] VCAT
1387
Yarra Planning Scheme; Application pursuant to Section 149(1)(d) of
the Planning and Environment Act 1987; Commercial 1 Zone;
Mixed Use Zone; Development Plan Overlay Schedule 2
(DPO2); Heritage Overlay (HO334);
State Significant Health and Education Precinct; Amendment to
approved Development Plan; Australian Catholic University; St
Patrick's Campus; Melbourne Bike Share facility; Daniel Mannix
Building; Height; Setbacks; Integration with heritage fabric;
Vehicle access; Parking.
NSW
David DeBattista v Shoalhaven City Council
[2017] NSWLEC 1602
DEVELOPMENT APPEAL – for multi-unit development –
AMENITY IMPACTS – excessive height and density of the
development – weight to be given to the objectors'
evidence in circumstances where the expert evidence supports a
conditional approval of the application.
Michael Pollard v Blue Mountains Council
[2017] NSWLEC 1597
DEVELOPMENT APPLICATION: whether the development application has
adequately demonstrated that the development will not have an
unacceptable impact on Aboriginal heritage.
Modog Pty Limited v North Sydney Council No. 2
[2017] NSWLEC 1598
DEVELOPMENT APPLICATION: construction of a residential flat
building; existing use rights; appropriateness of the size of the
building envelope; impact on adjoining heritage item; directions to
amend the proposal.
Toplace Pty Ltd v City of Parramatta Council
[2017] NSWLEC 1594
APPEALS: two separate but related appeals: modification to
development application; order to cease work; same development; BCA
compliance; permanent dewatering.
Cheong v Hornsby Shire Council
[2017] NSWLEC 1591
Appeal against Order issued under s 121B of the Environmental
Planning and Assessment Act – development consent required
for use of premises as a boarding house – no development
consent held for use as a boarding house – use of premises as
a boarding house - order requiring cessation of use - discretion
available to the Court.
New Street No. 1 Pty Ltd v Waverley Council
[2017] NSWLEC 1592
DEVELOPMENT APPEAL: against refusal of additional units for
approved development at Bronte RSL - seeks variation to floor space
ratio – variation to height control – whether the
development is compliant with design quality principles –
impact on streetscape – impacts on amenity of neighbouring
properties – parking and access arrangements – public
interest.
Chief Executive of the Office of Environment and Heritage v
Cory Ian Turnbull
[2017] NSWLEC 140
OFFENCES AND PENALTIES – sentence – clearing of native
vegetation – objective seriousness of offence –
substantial environmental harm caused – clearing
pre-meditated and intentional – clearing done for financial
gain – foreseeable risk of environmental harm –
practical measures to prevent risk of harm – control over
causes of harm – offence in middle of range of objective
seriousness – subjective circumstances of offender – no
prior convictions – prior good character – late plea of
guilty – contesting sentencing facts – low utilitarian
value of plea – no genuine remorse for offence or
consequences – fine and costs order – not established
unable to pay both.
Chief Executive of the Office of Environment and Heritage v
Grant Wesley Turnbull
[2017] NSWLEC 141
OFFENCES AND PENALTIES – sentence – clearing of native
vegetation – objective seriousness of offence –
substantial environmental harm caused – clearing
pre-meditated and intentional – clearing done for financial
gain – foreseeable risk of environmental harm –
practical measures to prevent risk of harm – control over
causes of harm – offence in middle of range of objective
seriousness – subjective circumstances of offender – no
prior convictions – prior good character – late plea of
guilty – contesting sentencing facts – low utilitarian
value of plea – no genuine remorse for offence or
consequences – fine and costs order – not established
unable to pay both.
Jewish Learning Centre Limited v Waverley Council
(No.2)
[2017] NSWLEC 1590
DEVELOPMENT APPLICATIONS: two separate but related development
applications for same property – use of building for a child
care centre – use of building for a synagogue and teaching
centre – dispute on condition of consent.
Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty
Ltd (subject to Deed of Company Arrangement)
[2017] NSWCA 263
ENVIRONMENT AND PLANNING – construction of development
consent – development consent approved 90-lot subdivision
– whether condition 16 of development consent required
construction of reinforced concrete pipe ENVIRONMENT AND PLANNING
– construction of development consent – whether a
document can be retrospectively incorporated into a development
consent by "necessary implication".
Jet Group Australia Pty Ltd v Environment Protection
Authority
[2017] NSWLEC 1588
ENVIRONMENT PROTECTION LICENCE: Category 1 activity –
composting – water pollution - leachate management –
financial assurance as security – appropriate licence
conditions.
Camberlee Investments Pty Ltd v Shoalhaven City
Council
[2017] NSWLEC 1585
DEVELOPMENT APPEAL – whether or not development satisfies the
requirements of an eco-tourist facility – cl 5.13 Shoalhaven
LEP - traffic – objector evidence – public
interest.
Queensland
Sailmist Pty Ltd v Sunshine Coast Regional Council [2017]
QPEC 063
ENVIRONMENT AND PLANNING – APPLICATION – Where an
application was filed seeking changes to a Development Approval
– Where the respondents support the application – Where
there was uncontested evidence of a town planner and of an
environmental scientist and bushfire consultant, which supported
the conclusion that the result would not be a substantially
different development – Where the consent of the owners of
the land subject of the approval, was evidenced in accordance with
s 371 of the Sustainable Planning Act 2009 – Whether
it is appropriate to grant the application. INTERPRETATION –
GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS – Where the
application was filed but not determined prior to the commencement
of the Planning Act 2016 – Where that commencement
effected the repeal of the Sustainable Planning Act 2009
– Whether the Planning Act 2016 operates so as to
preserve and continue the application of the SPA to this
application.
Bose v Weir [2017]
QCAT 352
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – where trees
obstruct a view that previously existed – where no dwelling
upon the land at the time of settlement – where s
66(3)(b)(ii) of the Neighbourhood Disputes (Dividing Fences and
Trees) Act 2011 (Qld) does not apply if there is no dwelling
on the neighbour's land – where dispute about the term
'possession' – where neighbour contends
'ownership' and 'possession' have different
meanings.
Harvest Investment Co (No 2) Pty Ltd v Sunshine Coast Regional
Council [2017]
QPEC 061
PLANNING AND ENVIRONMENT – APPEAL – appeal against a
refusal for development permit for a material change of use for a
shopping complex.
CONFLICT – conflict with superseded planning scheme –
whether proposed development conflicts with Maroochy Plan
2000 – whether unacceptable character and visual amenity
impacts. PLANNING NEED – whether sufficient need for a
full-line supermarket on the site.
GROUNDS – whether there are sufficient grounds to justify an
approval of the proposed development despite conflicts –
whether superseded planning scheme overtaken by events when it
ceased to apply – whether it adequately addressed the type of
development proposed.
Aveo Clayfield Pty Ltd v Brisbane City Council [2017]
QPEC 060
PLANNING AND ENVIRONMENT – APPLICATION – joinder of
parties – permissible change application – whether
proposed second respondents are directly affected by the relief
sought.
Ausco Modular Pty Ltd v Western Downs Regional Council [2017]
QPEC 058
PLANNING AND ENVIRONMENT – APPEAL – appeal against
refusal of a development application seeking a development permit
for material change of use for a workers accommodation village
– whether there is conflict with the planning scheme –
whether the use will have unacceptable social planning impacts
– whether the use will have unacceptable traffic impacts
– whether the use will have unacceptable noise, lighting,
odour or dust impacts – whether there is a need for the
proposed development – whether there are sufficient grounds
to approve the development despite conflict with the planning
scheme.
Legislation
Commonwealth
Coal-Fired
Power Funding Prohibition Bill 2017 [No. 2]
23/10/2017 - A Bill for an Act to prohibit Commonwealth support for
coal fired power stations.
Coal-Fired
Power Funding Prohibition Bill 2017
17/10/2017 - The Bill establishes an Act to prohibit the
Commonwealth government or its agencies from funding the
refurbishment, building, purchasing or assisting in the transfer of
ownership of, a coal-fired power station. The Act allows for
financial assistance or support for the purposes of providing
transition assistance to affected workers or managing the closure
of the coal-fired power station.
Renewable
Energy Legislation Amendment (Supporting Renewable Communities)
Bill 2017
17/10/2017 - The purpose of the bill is to ensure community energy
is supported by the Australian Renewable Energy Agency
(ARENA) and the Clean Energy Finance Corporation
(CEFC). The intent of the bill is to provide
greater certainty to communities looking to develop a community
based energy model, encourage innovation and investment; and to
ensure best practice planning to support the growth in community
energy projects.
Ozone
Protection and Synthetic Greenhouse Gas Management Legislation
Amendment (2017 Measures No. 2) Regulations
2017
18/10/2017 - These regulations amend the Ozone Protection and
Synthetic Greenhouse Gas Management Regulations 1995 to
facilitate the renewal of refrigeration and air conditioning
industry permits and fire protection industry permits; extend the
maximum duration of all refrigeration and air conditioning industry
permits and fire protection industry permits to 36 months; and
allow the supply and use of methyl bromide for non-quarantine and
pre-shipment uses by critical use exemption holders in 2018.
NSW
Proclamations commencing Acts
Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 572017-593) — published LW 27 October 2017.
Environmental Planning Instruments
State Environmental Planning Policy (Infrastructure) Amendment (Sydney Harbour Subdivision and Shooting Ranges) 2017(2017-590) — published LW 20 October 2017.
Bills introduced – Government – 20 October 2017
Electricity Supply Amendment (Emergency Management) Bill 2017Environmental Planning and Assessment Amendment Bill 2017
Natural Resources Access Regulator Bill 2017
Non-Government – 20 October 2017
Forestry Amendment (Public Enforcement Rights) Bill 2017This 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.