In the media
New interactive database for pinpointing LGs with FOGO
pickups
The Federal Department of Agriculture, Water and the
Environment has a new map on its homepage showing councils with
Food Organics and Garden Organics (FOGO)
collection services. There are currently 223 local governments
across Australia with either FOGO pickups or GO collections
(14 August 2020).
More...
Victoria
Council considers proposal to transform Ikon Park
City of Melbourne councillors will consider a proposal to
re-develop Ikon Park to become the home of women's AFL
(AFLW) (14 August 2020).
More...
Council does U-turn on parking fines after outrage from
doctors
The City of Melbourne
will not enforce parking restrictions during stage 4
restrictions except for issues of access and safety after a
healthcare worker said she had no choice but to be fined while
working on the pandemic's frontline (14 August 2020).
More...
Building Sustainable Local Communities
The Victorian Government is rolling out recycled materials
for local infrastructure projects – creating local jobs and
supporting our growing circular economy. Victoria's 79 local
councils are expected to spend more than $8 billion on
infrastructure projects over the next three years, presenting a
significant opportunity to increase the use of recycled materials
(13 August 2020).
More...
Thousands more parking passes for frontline
workers
From this Friday, the City of Melbourne will provide up to
5000 additional temporary parking permits to frontline workers
responding to COVID-19 (11 August 2020).
More...
More Bushfire Grants for Councils And Community
Councils and community service organisations will share in
up to $7.5 million in grants to support community recovery,
redevelopment and prepare for the future after the devastating
2019/20 Victorian Bushfires (10 August 2020).
More...
Boosting Agriculture Supply Chains And Local Jobs
Farmers and producers across Victoria will get better
access to markets and communities thanks to funding from the
Victorian Government to improve the vital network of local roads
and infrastructure. Rural, regional and interface councils will be
able to apply for funding under the $20 million AgriLinks Upgrade
Program (10 August 2020).
More...
Pedestrian counts the lowest in decades
Foot traffic in the City of Melbourne has plummeted as
people comply with stage four COVID-19 restrictions, with just 10
per cent of normal levels recorded (07 August 2020).
More...
NSW
State government launches competition for Sydney's
public spaces
The state government is seeking new ideas for Sydney's
parks, public facilities and streets as COVID-19, climate change
and population growth transform the city (16 August 2020).
More...
Government's new Council Code of Conduct brings even
greater transparency
NSW local government's peak body has welcomed the
State Government's updated Model Code of Conduct for Local
Councils, which will bring even higher levels of council
transparency and accountability, giving increased power to the
Office of Local Government (OLG) to impose
penalties (11 August 2020).
More...
Expert panel to accelerate removal of high-risk
cladding
The NSW Government has established an expert panel of
building and construction specialists to help support the removal
of unsafe cladding across the state. The Panel will be available to
advise councils and industry when they are scoping rectification
work on the suitability of building products being proposed to
replace unsafe cladding (10 August 2020).
More...
Majority of Sydney councils flouting transparency rules
over financial interests
An ABC analysis finds out of 32 Sydney-based councils,
only nine have published their register of interests and another
nine will only supply documents for inspection under a supervised
visit (09 August 2020).
More...
Controversial NSW mine expansion plan scaled back over
subsidence concerns
Significant changes to the expansion plan for Tahmoor
mine, in the southern coalfields of New South Wales, have been
revealed in a bid to ease community concerns about subsidence (04
August 2020).
More...
Queensland
Residents fear Toowong is becoming an
'overdeveloped' car park
An online survey of hundreds of residents included calls
for the privately-owned former ABC site on the river in the area to
be transformed into parkland (15 August 2020).
More...
Tapered glass tower to rise above historic site in
Fortitude Valley
A "derelict" site hosting the remains of a
heritage-listed building across from McWhirters could become home
to a tapered, glass commercial tower (13 August 2020).
More...
$6 million boost for Queensland's flood warning
infrastructure network
Queensland communities impacted by the devastating 2019
monsoon floods will benefit from a $6 million investment in vital
flood warning infrastructure. This announcement will see more
priority repairs and installations reach 28 impacted local
government areas, from Torres Strait to Mackay (06 August 2020). More...
Future cruise ship terminal at Gold Coast's The Spit
in doubt amid 'challenging' economy
Queensland's Treasurer has cast doubt over whether the
Gold Coast will ever have a cruise ship terminal that sees
passengers disembarking at The Spit (04 August 2020).
More...
OIA receives more than 1,000 councillor conduct
complaints
More than 1000 complaints about Queensland councillors
have been lodged with the Office of the Independent Assessor
(OIA) in the 2019-20 financial year. The
Independent Assessor Kathleen Florian said the complaints related
to 55 of the state's 77 local governments (03 August 2020).
More...
In practice and courts
Victoria
COVID-19 update
On 2 August, the Premier
announced Victoria is in a State of Disaster and Stage
4 restrictions are in place for metropolitan Melbourne and Stage
3 restrictions are in place for regional Victoria until at
least 13 September. The Metropolitan councils have worked quickly
over the last week to identify the essential services they deliver
which require staff to travel or attend on-site workplaces, and
develop and implement
COVID-19 Safe Plans. Staff have also been issued with
permitted worker permits where travel and on-site work
attendance is required. Rural and regional councils have had to
implement Stage 3 restrictions, including mandatory wearing of
face-coverings in public and closure of libraries and other
community services.
Sustainable Infrastructure Fund Grants
Grants of up to $300,000 are open to local councils and
alpine resort management boards to use recycled materials such as
glass, paper, cardboard, plastics and rubber to build new
infrastructure including roads, footpaths, outdoor park equipment,
drainages and cycleways (13 August 2020). More...
Bushfire Recovery Grants for Local Government
Authorities and Community Service Organisations
Charities, not-for-profits and other local community
service providers across Victoria – as well as 18 Local
Government Authorities and four Alpine Resorts – will be
eligible to apply for the Bushfire Recovery Grants for Local
Government Authorities and Community Service Organisations (10
August 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...
AgriLinks Upgrade Program Fundin
Eligible councils can apply for up to $350,000 with no
co-contribution required. The program compliments funding provided
to councils for road upgrades through the previous Local Roads to
Market Program. Councils eligible to apply for funding will be
contacted directly by Agriculture Victoria for assistance with
guidelines and applications (10 August 2020). More...
Melbourne Airport Environs Safeguarding Standing
Advisory Committee
The Melbourne Airport Environs Safeguarding Standing Advisory
Committee is currently seeking submissions to advise the
Minister for Planning on improvements to the planning provisions
safeguarding Melbourne Airport and its environs. Submissions are
also welcome on improvements to planning provisions that may help
safeguard other airport environs in Victoria.
More...
City of Melbourne
See
Tenders for more information on the tendering process and
procurement policy, closed and awarded tenders (August –
September 2020).
More...
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.
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. 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...
Development Contribution Plans Community Infrastructure
Levy
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.
More...
Growing Victoria's Botanic Gardens Grant Program-
Round 2 - 2020
Round Two is now open and closes on 16 July 2020. The
purpose of the grants program is to rejuvenate Victoria's
botanic gardens by upgrading and enhancing the physical assets and
amenities of the gardens and by growing the gardens' important
role in research, conservation and education.
More...
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.
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...
Parks Revitalisation Grants Program
$10 million is available through the
Parks Revitalisation Grants Program which is open to all
councils in metropolitan Melbourne. The funding will go towards
upgrading to existing local parks and reserves. Applications close
9 September 2020.
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.
NSW
LGNSW: Expert panel on cladding
A new 'Cladding Product Safety Panel' will advise
the NSW Government, building owners, councils and other regulators
on the suitability of cladding products and external wall assembly
methods. Additionally, councils, building owners and consultants
can refer to the Fire and Rescue NSW position statement on External
Combustible Cladding which helps clarify their approach to
advising on the risks presented by cladding on existing buildings,
as well as the Department of Planning, Industry and Environment
(DPIE).
More...
Model Code of Conduct for Local Councils (NSW)
Released on 07 August , 2020. Gazetted 07 August 2020. The
code gives increased power to the Office of Local Government
(OLG) to impose penalties, payment suspensions and
disqualification from office for councillors in
breach of the code. Reminder: Breaches of a council's or
joint organisation's code of conduct are to be dealt with in
accordance with the Procedures for the Administration of the Model
Code of Conduct for Local Councils in NSW. All councils (including
county councils) and joint organisations must adopt procedures for
the administration of their codes of conduct that incorporate the
provisions of the
Model Procedures.
More...
Office of Local Government Circulars
20-32 Amendments to the Model Code of Conduct for Local
Councils in NSW and Procedures
Posted on August 14, 2020 Category: Circular to Councils
Status: Active Circular.
More...
20-31 New requirement for councils to retain recordings
of meetings on their websites for a minimum of 12 months
Posted on August 14, 2020 Category: Circular to Councils
Status: Active Circular.
More...
20-30 COVID-19 Economic Stimulus Package –
2020-21
Posted on August 5, 2020. Category: Circular to Councils
Status: Active Circular.
More...
20-29 September 2020 mayoral elections
August 4, 2020: Category: Circular to Councils Status:
Active Circular.
More...
Consultation: 50-Year Vision for Sydney's Open Space
and Parklands
A draft vision has been created to be shared and tested
with people who care about Sydney's parks and open
spaces. The draft 50-Year Vision for Greater
Sydney's Open Space and Parklands will be open for consultation
until 11 September 2020. More...
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...
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
Proposed Natural Disasters Clause
Notification start-end date 04/08/2020 - 31/08/2020
The Department is seeking your feedback on a proposed clause for
the Standard Instrument LEP that will support better and quicker
rebuilds of dwellings following natural disasters.
More...
ISEPP amendment – Wild Dog Fence
Notification start-end date 03/08/2020 - 30/08/2020
The department has developed a proposed amendment to the State
Environmental Planning Policy (Infrastructure) 2007 to clarify and
streamline the planning assessment for the extension and
maintenance of the Wild Dog Fence. More...
Proposed new Housing Diversity SEPP Explanation of
Intended Effect
Notification start-end date 29/07/2020 - 09/09/2020
Have your say on a proposed new policy that aims to facilitate the
delivery of diverse and affordable housing to meet the needs of the
State's growing population and support the development of a
build-to-rent sector.
More...
Queensland
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...
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...
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
Clarence City Council v Commonwealth of Australia [2020] FCAFC
134
HIGH COURT AND FEDERAL COURT – jurisdiction of
the Federal Court – power to award declaratory relief –
nature of a declaratory judgment – standing to seek
declaratory relief – discretion to award declaratory relief
– municipal councils seek declaration in respect of the
interpretation and application of leases to which they are not a
party – leases between Commonwealth and corporate lessees of
airports – contractual mechanism for payment of rates, land
tax and other taxes by lessees to councils – mechanism
contemplates that councils will participate in, and derive benefits
under, the leases – Commonwealth and lessees in agreement as
to calculation of payments – councils dispute calculation of
payments – whether councils have standing to seek declaratory
relief – whether councils have a sufficient interest in
declaratory relief – whether "matter" arises under
laws made by Commonwealth Parliament
CONSTITUTIONAL LAW – judicial power of the Commonwealth
– requirement for a "matter" – whether there
is a "matter" before the Court – whether there is a
justiciable controversy – whether there is an enforceable
right, duty or liability to found a "matter"
CONTRACTS – doctrine of privity of contract – scope and
effect – difference between executory and declaratory
judgments – whether councils lack standing to seek
declaratory relief because of inconsistency with doctrine of
privity of contract – accord and satisfaction –
estoppel. Held: appeals allowed – notices of contention
dismissed – a "matter" exists before the court
– councils have standing to seek declaratory relief –
councils have real commercial and practical interest in declaratory
relief
Airports Act 1996 (Cth)
Airports (Transitional) Act 1996 (Cth)
Commonwealth Places (Application of Laws) Act 1970 (Cth), s 4
Federal Court of Australia Act 1976 (Cth), ss 19(1), 21, 23
Fire Service Act 1979 (Tas), Div 3 of Pt VI
Judiciary Act 1903 (Cth), ss 39(1B), s 39A(1A), 39B(1A), 78B
Local Government Act 1993 (Tas), s 93A
Valuation of Land Act 2001 (Tas)
Victoria
Browne v Moreland CC [2020] VCAT
858
Sections 80 & 82 of the Planning & Environment
Act 1987; Moreland Planning Scheme;
Alterations & additions to single dwelling: Heritage &
off-site amenity impacts
Connor v Nillumbik SC [2020] VCAT
852
Section 82 Planning and Environment Act 1987,
Significant Landscape Overlay – Schedule 3, building height,
neighbourhood character, landscape character
James v Bass Coast SC [2020] VCAT
850
Bass Coast Planning Scheme; section 79 of the Planning
and Environment Act 1987; proposal for new dwelling; most of
proposal deemed acceptable by Council, but Council opposes the
proposed road access arrangements; Tribunal review; hearing and
focus on road access issue; follow up process; permit approved.
Probert v Greater Geelong CC
[2020] VCAT 837
The decision of the Responsible Authority is varied.
In permit application PP-689-2019 a permit is granted and directed
to be issued for the land at 72-80 Buckley Grove, Moolap in
accordance with the endorsed plans and on the conditions set out in
Appendix A. The permit allows: Use of the land for a transfer
station and associated advertising signage.
DFC (Ashbury) Pty Ltd v Greater Geelong CC
[2020] VCAT 855
Greater Geelong Planning Scheme; whether an asset
relocation is generally in accordance with a Precinct Structure
Plan; Horseshoe Bend Precinct Structure Plan; Armstrong Creek East
Precinct Structure Plan; environmental impacts of co-locating a
wetland and retarding basin with a conservation area.
Hedley v Moyne CC [2020] VCAT
857
Pursuant to section 71 of the Victorian Civil and
Administrative Tribunal Act 1998, the rejection of the application
by the principal registrar is confirmed. The Council's
application for costs is refused. Each party is to bear its own
costs.
Nuvolink Pty Ltd v Melbourne CC
[2020] VCAT 811
The demolition of two existing buildings, one of which
has a 'C' heritage grading, and the construction of a seven
storey mixed use building to accommodate offices, a gymnasium and a
café. Application under section 79 of the Planning and
Environment Act 1987 – to review the failure to grant a
permit within the prescribed time.[1]
Lo Giudice v Moonee Valley CC
[2020] VCAT 842
Application under section 79 of the Planning and
Environment Act 1987; Review the failure to grant a permit within
the prescribed time; Moonee Valley Planning Scheme; General
Residential Zone – Schedule 1 (GRZ1); Two
dwellings on a lot; Side by side townhouses; Basement garages;
Neighbourhood character; Clause 55; Energy efficiency; Internal
amenity.
Tay v Knox CC [2020] VCAT
841
Knox Planning Scheme; neighbourhood character
assessment for medium density housing; street setback standard and
objective.
Villawood Homes Pty Ltd v Greater Geelong
CC [2020] VCAT 840
Greater Geelong Planning Scheme; medium density
housing in an Increased Housing Diversity Area; Clause 22.63 of the
Greater Geelong Planning Scheme; built form at the interface of an
Increased Housing Diversity Area and a General Residential Zone;
landscape character and retention of trees within a medium density
housing development.
Podolskaya v Glen Eira CC [2020]
VCAT 826
Section 82 of the Planning and Environment Act 1987,
Glen Eira Planning Scheme, Repeat Appeal, Inaccurate information on
plans, Clause 55.05-4 North Facing Window.
Liu v Boroondara CC [2020] VCAT
802
Section 77 of the Planning and Environment Act 1987,
Boroondara Planning Scheme, Neighbourhood Residential Zone,
Neighbourhood Character, Landscaping, Visual bulk.
La Mirage Group Pty Ltd v Hume CC
[2020] VCAT 834
Section 79 of the Planning and Environment Act 1987;
Hume Planning Scheme, Urban Growth Zone (UGZ6);
subdivision of land; relevance of Precinct Structure Plan; issue of
retention of high value trees; dispute about permit conditions.
Blue Gem Properties Pty Ltd v Boroondara
CC [2020] VCAT 832
Construction of three dwellings on a lot. Application
under section 77 of the Planning and Environment Act 1987 –
to review the refusal to grant a permit.
Riverdale NAC Investments Pty Ltd v Wyndham
CC [2020] VCAT 828
Sections 87 & 89 of the Planning and Environment
Act 1987; Wyndham Planning Scheme; Urban Growth Zone; Applied
Commercial 1 Zone; Riverdale Precinct Structure Plan; Riverdale
Village shopping centre; Permit issued for buildings and works;
Request to cancel permit; Standing; Whether permit generally in
accordance with the Riverdale Precinct Structure Plan
Ralph D'Silva Properties Pty Ltd v Darebin
CC [2020] VCAT 817
The buildings are to be used for car sales and other
commercial facilities at ground and mezzanine level in the High
Street building with all remaining parts of the buildings being
used for dwellings and associated services.
Application under section 79 of the Planning and Environment Act
1987 – to review the failure to grant a permit within the
prescribed time.[1] No permit
FSD Developments No. 1 Pty Ltd v Stonnington
CC [2020] VCAT 823
Section 79 Planning and Environment Act 1987;
Stonnington Planning Scheme; Activity Centre Zone Schedule 1;
Heritage Overlay Schedule 126; Special Building Overlay Schedule 1;
Demolition; Height; Bulk; Existing Music Venue; Significant
Community Benefit.
Burrafato Property Development Pty Ltd v Wyndham
CC [2020] VCAT 821
Four two storey dwellings attached at ground level;
Two middle dwellings reverse living; Design response to
neighbourhood character; Car parking, traffic and waste
collection.
Rooding Land Pty Ltd v Bayside CC
[2020] VCAT 805
Application under section 79 of the Planning and
Environment Act 1987. Bayside Planning Scheme. General Residential
Zone. Design and Development Overlay, Schedule 10. Bay Street Major
Activity Centre. Three storey apartment development. Intensity of
development. Built form. Amenity. Traffic and parking.
Manor Central Nominees Pty Ltd v Wyndham CC
[2020] VCAT 815
Section 79 of the Planning and Environment Act 1987;
Review the failure to grant a permit within the prescribed time;
Wyndham Planning Scheme; Commercial 1 Zone (C1Z);
Development Plan Overlay – Schedule 2
(DPO2); Construction of buildings and works
associated with two convenience restaurants, Advertising signs,
Reduction of the required car parking to zero; Physical and
strategic context; Net community benefit.
Tanoa Investments Pty Ltd v Mornington Peninsula
SC [2020] VCAT 808
Section 77 of the Planning and Environment Act 1987;
VicSmart Application; Mornington Peninsula Planning Scheme; General
Residential Zone and Design and Development Overlay; proposed above
ground swimming pool, deck and front fence; issue of character and
streetscape.
Planning & Design Pty Ltd v Whittlesea CC
[2020] VCAT 807
Section 77 of the Planning and Environment Act 1987;
Whittlesea Planning Scheme, Activity Centre Zone; proposed medium
density town house development; policy position, design response to
neighbourhood character.
Alderette v Greater Bendigo CC
[2020] VCAT 835
Construction of four dwellings on a lot, four lot
subdivision and creation of an easement. Application under section
82 of the Planning and Environment Act 1987 – to review the
decision to grant a permit.
Pechlivanidis v Monash CC [2020] VCAT
753
Section 77 Planning and Environment Act 1987; Monash
Planning Scheme; Residential Growth Zone; Monash National
Employment Cluster, Three dwellings. No permit
K2K Investments Pty Ltd v Banyule CC
[2020] VCAT 733
Section 77 of the Planning & Environment Act 1987;
Banyule Planning Scheme; General Residential Zone Schedule 1;
Vegetation Protection Overlay Schedule 5; Development Contributions
Plan Overlay Schedule 1; Three storey development including 10
dwellings; Massing, Visual bulk, Scale; Siting; Secluded Open
Space; Shading; Overlooking; Traffic and Parking; Landscaping
opportunities; Repeat Appeals;
NSW
Britely Property Pty Ltd v Randwick City
Council [2020] NSWLEC 1367
PROCEDURE – application to re-open by Applicants
to adduce evidence and make further submission on provision of
on-site car parking – motion dismissed
Calderwood v Department of Planning, Industry and
Environment; Calderwood
v Campbelltown City
Council;Department of
Planning, Industry & Environment v City of Ryde
[2020] NSWCATAD 200
GOVERNMENT INFORMATION- Combustible [Flammable]
Cladding Register- disclosure of addresses of buildings on
Register- agency can rely on additional factors in Table negative
to disclosure other than those referred to in access
decision-denial of access affirmed
Kohler Bros Property Group Pty Ltd v Penrith City
Council [2020] NSWLEC 1364
APPEAL – development application –
boarding house – whether development can be refused on the
basis of parking – whether development can be refused on the
basis of landscaped area – whether the design is compatible
with the character of the local area – adequacy of
setbacks
Thompson Health Care Pty Limited v Ku-ring-gai
Council [2020] NSWLEC 1363
DEVELOPMENT APPLICATION– seniors housing
development – residential care facility – breach of
three development standards in State Environmental Planning Policy
(Housing for Seniors or People with a Disability) 2004 –
neighbour objections
Sherbrook Group Pty Ltd v Hornsby Shire
Council [2020] NSWLEC 1359
DEVELOPMENT APPLICATION – multi-dwelling
development – lot amalgamation – amenity –
character – accessibility
Wright v Woollahra Municipal Council
[2020] NSWLEC 1357
DEVELOPMENT APPLICATION – alterations and
additions to a building identified as contributory to a heritage
conservation area – detrimental impact on the heritage
significance of the heritage conservation area
Liverpool City Council v Tirnova
[2020] NSWLEC 110
CONTEMPT - orders made in Class 4 proceedings requiring
removal of unauthorised development on flood-prone land - orders
required removal of masonry front fence (Order (3)) and removal of
substantial additions to dwelling house (Order (5)) - three months
allowed for compliance with Order (3) and 12 months for compliance
with Order (5) - single rolled-up charge laid by Council for
non-compliance with Orders (3) and (5) - failure to achieve full
compliance with Order (3) within the time allowed by the order but
significant compliance achieved - complete compliance with Order
(3) achieved by commencement of contempt proceedings - limited
compliance with Order (5) by the commencement of these contempt
proceedings - consideration of circumstances of Respondent in
assessment of appropriate starting penalty - discount for earliest
reasonable acknowledgment of guilt - appropriate penalty before
consideration of s 6 of the Fines Act 1996 matters found to be
$12,000 - consideration of capacity to pay (s 6(a)) and other
relevant personal circumstance (s 6(b)) mandates significant
moderation of penalty to be imposed - respondent convicted of
contempt and fined $3,000 COSTS - Council seeks its costs on the
ordinary basis - part of time of hearing wasted as a consequence of
Council having failed to provide proof that the orders had been
brought to the Respondent's attention - part of proceedings
concerning Order (3) lacking in proper evidentiary foundation -
excessive photocopying - provision of material to the Court but not
to the Respondent - provision of unnecessary material to the Court
- Council's costs to be discounted to reflect inappropriate
matters
LDC Opco Holding Company Pty Limited v North Sydney
Council [2020] NSWLEC
1352
MODIFICATION APPLICATION – whether the application
is substantially the same – State Environmental Planning
Policy No 64 – Advertising and Signage – consistency
with the character of the local area
Zoro Developments Pty Ltd v Northern Beaches
Council [2020] NSWLEC 1349
APPEAL – development control order – stop
works order – development not carried out in accordance with
construction certificate – risk of land slippage – how
discretion should be exercised in the circumstances
Huajun Investments Pty Ltd v City of Canada Bay
Council [2020] NSWLEC 108
COSTS - application for costs of complete Class 1
merit proceedings - Applicant in merit proceedings unsuccessful on
jurisdictional as well as merit grounds - whether failure on
jurisdictional grounds provided a basis for concluding that it was
fair and reasonable to award costs to the opposing party who
successfully pressed the jurisdictional grounds - Applicant on
notice as a consequence of Court of Appeal proceedings of two of
the jurisdictional grounds said to be bars to approval of the
Applicant's proposed development - basis for pursuing the merit
appeal unarguable on two foreshadowed jurisdictional grounds -
general costs application in Class 1 merit proceedings
appropriately brought - fair and reasonable to Second Respondent
its costs for the whole proceedings - Applicant to pay Second
Respondent's costs of the Class 1 proceedings
COSTS - application for costs thrown away by Second Respondent as a
consequence of amendments to the proposed development that were not
minor - Second Respondent took lead role before the Acting
Registrar on the issue of whether the proposed amendments were
minor - appropriate that the Second Respondent receive its costs
thrown away as a consequence of those amendments
COSTS - costs of the costs application - costs ordinarily follow
the event for costs applications in Class 1 merit proceedings -
appropriate that the costs Applicant be awarded its costs of the
costs application
Scully v Hornsby Shire Council
[2020] NSWLEC 1347
DEVELOPMENT APPLICATION – Torrens title subdivision
– stormwater infrastructure – tree protection –
biodiversity conservation
Buman v Newcastle City Council
[2020] NSWLEC 1321
DEVELOPMENT APPLICATION – extend of development for
which consent is sought – characterisation of existing
approvals – boarding house use – new buildings –
compliance with development standards – compliance with car
parking – compliance with amenity standards – extent of
building code upgrade works required – timing of the
consideration and assessment of building code upgrade works –
appropriate conditions of consent – directions
The Owners – Strata Plan No 70871 v
Turek [2020] NSWSC
1027
APPEALS — Appeal from NSW Civil and Administrative
Tribunal Appeal Panel — application for leave — whether
proceedings were required to be dismissed if commenced before
Tribunal had power to make order sought
APPEALS — costs — special circumstances finding based
on erroneous assessment of solicitor's conduct
Sardi v Central Coast Council
[2020] NSWLEC 1348
NOTICE OF MOTION – application to amend
Respondent's statement of facts and contentions –
vacation of hearing dates – procedural fairness to Applicant
– late identification of potentially contaminated material on
subject site
Coppock v Secretary, Department of Planning and
Environment [2020] NSWCATOD
89
APPEAL – misconduct of local government councillor
– disciplinary action by Departmental Chief Executive –
preparation of departmental report
Modog Pty Ltd v North Sydney Council
[2020] NSWLEC 1342
DEVELOPMENT APPLICATION – demolition of a heritage
item and construction of a new dwelling – conflicting
assessments of significance of the item – suitability of the
replacement dwelling agreed – whether the demolition of the
existing dwelling will have an unacceptable impact on the heritage
significance
Kim v City of Ryde Council [2020]
NSWLEC 1340
DEVELOPMENT APPLICATION – change of use –
suitability of the site for the development – objectives of
the B1 Neighbourhood Centre zone – weight given to resident
submissions
Northern Beaches Council v Tolucy Pty Ltd
[2020] NSWLEC 76
APPEAL - appeal against Commissioner's judgment on
questions of law (Grounds 1 to 4 - the bushfire grounds) - whether
the Commissioner prejudged bushfire matters required to be
considered by virtue of cl 27(2)(h) of State Environmental Planning
Policy (Housing for Seniors or People with a Disability) 2004
(the SEPP) (Ground 1) - in the alternative,
whether the Commissioner failed to consider relevant matters
required by cl 27(2)(h) of the SEPP (Ground 2) - whether the
Commissioner denied the Council procedural fairness by accepting
bushfire evidence from the Company only and not giving the Council
the opportunity to be heard concerning it (Ground 3) - whether the
Commissioner failed to give reasons for granting approval despite
insufficient evidence on bushfire issues (Ground 4) - Ground 1
upheld rendering it unnecessary to determine Ground 2 - Ground 3
not established - Ground 4 upheld APPEAL - appeal against
Commissioner's judgment on questions of law (Ground 5) -
whether the Commissioner failed to address relevant mandated
matters concerning (i) access to facilities and services vis
appropriate pedestrian and public transport facilities and (ii)
failed to consider relevant contextual building design matters -
(i) dealt with through subsequent ground - complaint in (ii) not
established - Ground 5 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 6) - whether the Commissioner erred in concluding he
could be satisfied, on the basis of written evidence, that required
services would be available to residents of the self-care units -
consideration of what might constitute satisfactory written
evidence - no error established - Ground 6 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 7) - whether the Commissioner erred in concluding that
required minibuses would be available from the time the first
occupants of the development took up residence - meaning of words
in a condition of consent that buses be available for "the
life of the development" – "life of the
development" can only commence with issuing of an occupation
certificate - residents not permitted to occupy prior to such a
certificate - buses therefore required to be available from time
first residents take up occupation - Ground 7 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 8) - whether the Commissioner adequately considered
matters of character and contextual fit of the proposed development
in its locality - whether the Commissioner inappropriately relied
on the Site Compatibility Certificate in lieu of undertaking the
assessment mandated by s 4.15 of the Environmental Planning and
Assessment Act 1979 - no error disclosed - Ground 8 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 9) - whether the Commissioner misapplied test in cl 26
of the SEPP - Commissioner's conclusion based on acceptance of
the evidence of the Respondent's expert town planner on the
underlying objective of the clause - evidence not challenged by
Council's expert - position consistent with the formulation of
the underlying objective of the clause adopted the Senior
Commissioner in an earlier case - this issue not pressed by Council
in submissions to the Commissioner - Ground 9 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 10) - whether the Commissioner erred in concluding that
the specific provisions of cl 43 of the SEPP ousted the general
provisions of cl 26 - both clauses capable of satisfaction - cl 4.6
process in Warringah Local Environmental Plan 2011 provides
mechanism for seeking to avoid compliance with the general
provisions - cl 26 not ousted - Ground 10 upheld
REMITTER - should the appeal be remitted or should it be dismissed
- if remitted, should remitter be exclusionary - appeal should not
be dismissed - appeal is against Commissioner's decision to
grant consent to proposed development - approach adopted by Preston
CJ in Ballina Shire Council v Palm Lake Works Pty Ltd
[2020] NSWLEC 41 appropriate to be followed and matter remitted not
dismissed - finding in Ground 1 warrants exclusionary
remitter
COSTS - presumption that costs follow the event - Council
successful in appeal but not on the majority of grounds pleaded -
costs to follow the event unless Respondent seeks to be heard to
propose some alternative costs order
Queensland
Mellish
v Redland City Council [2020] QLC 31
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – PROCEDURAL ASPECTS OF EVIDENCE –
EXPERT REPORTS AND EXPERT EVIDENCE – where the case was
directed to Court Managed Expert Evidence – where the parties
could not agree on questions to be included in the consolidated
brief to certain experts – where the consolidated brief may
include questions which are not agreed – where the relevance
of certain questions was in dispute – whether that dispute
should be resolved before the meetings of experts – where the
Court decided the questions should not be included in the brief
Kings
of Gifts (Qld) Pty Ltd v Redland City Council &
Anor [2020] QPEC 42
PLANNING AND ENVIRONMENT – APPEAL –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING
AUTHORITY – PUBLIC INTEREST – where the appellant
applied to the respondent for a material change of use permit to
develop land for a service station with associated car wash
facility, drive through restaurant and on-site effluent disposal
irrigation area – where the land was in the Environmental
Protection Zone and Open Space Zone of the Redlands Planning Scheme
2012 Version 4 – where the land was within the Bushland
Living Precinct and the Greenspace Network in the Kinross Road
Structure Plan Area in the Redlands Planning Scheme – where
the proposed development complies with the ecological provisions of
the Environmental Protection Zone Code and the Kinross Road
Structure Plan Overlay Code – where the proposed development
conflicts with the Redlands Planning Scheme by proposing to locate
uses that are nominated as inconsistent uses in the zone and
because the uses are not low-key in nature – where the
proposed development complies with the planning rationale for
limiting the uses to low-key uses – where, under s 326(1)(b)
of the Sustainable Planning Act 2009 (Qld), the uses can be
approved provided there are sufficient matters of public interest
to warrant approval – whether there are sufficient grounds to
justify approval
Planning Act 2016 Qld s 311; Sustainable Planning Act 2009 Qld s
314, s 324, s 326, s 493, s 495
K&K
(GC) Pty Ltd v Gold Coast City Council [2020]
QPEC 40
PLANNING AND ENVIRONMENT – APPEAL –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING
AUTHORITY – PUBLIC INTEREST – where the appellant
applied to the respondent for a material change of use permit to
develop land for a service station, convenience store, take-away
food premises and a fast food drive through premises – where
the land was in the Detached Dwelling Domain and the Residential
Choice Domain of the Gold Coast Planning Scheme 2003 – where
the proposed use for fast food premises and take-away food premises
conflict with the 2003 Planning Scheme and should be considered
"undesirable or inappropriate" – where, under s
326(1)(b) of the Sustainable Planning Act 2009 (Qld), the uses can
be approved provided there are sufficient matters of public
interest to warrant approval – whether there are sufficient
grounds to justify approval
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT CONTROL
– MATTERS FOR CONSIDERATION OF PLANNING AUTHORITY –
CONSIDERATION OF WEIGHT TO BE GIVEN TO NEW PLANNING SCHEME –
where City Plan 2016 commenced after the development application
was made – where the proposed service station use was not
supported by City Plan 2016 – where s 495 of the Sustainable
Planning Act 2009 gives a broad discretion to afford weight to a
new planning scheme – whether conflict with City Plan 2016
should be given determinative weight Planning Act 2016 Qld s 311;
Sustainable Planning Act 2009 Qld s 311, s 314, s 324, s 326, s
493, s 495
Donovon
v Brisbane City Council & Ors (No 2)
[2020] QPEC 41
APPLICATION FOR COSTS – where development
application brought by the respondent to the cost application was
refused – where the second respondents to the development
application now seek their costs of the hearing – where
relevant provisions concerning costs are under the repealed
Sustainable Planning Act 2009 (Qld) – where different
statutory regime in respect of costs under the current Planning and
Environment Court Act 2016 (Qld) – relevance of the
introduction of a different costs regime under the current
legislation.
Sustainable Planning Act 2009 Qld; Integrated Planning Act 1999
Qld; Planning and Environment Court Act 2016 Qld
Legislation
Victoria
Victorian legislation can be accessed here www.legislation.vic.gov.au
NSW
Regulations and other miscellaneous instruments
Local
Government (General) Amendment (Conduct) Regulation 2020
(2020-472) — published LW 14 August 2020
Environmental
Planning and Assessment Amendment (Kensington and Kingsford Town
Centres Development Consent Levies) Regulation 2020
(2020-470) — published LW 14 August 2020
Residential
Apartment Buildings (Compliance and Enforcement Powers) Regulation
2020
(2020-475) — published LW 14 August 2020
Western
City and Aerotropolis Authority Amendment (Operational Area)
Regulation 2020
(2020-479) — published LW 14 August 2020
Environmental Planning Instruments
State
Environmental Planning Policy Amendment (Western Gateway
Sub-precinct) 2020
(2020-480) — published LW 13 August 2020
Bills introduced Non-Government – 07 August 2020
Roads Amendment (Toll-free Period) Bill 2020
Bills revised following amendment in Committee
State Revenue Legislation Amendment (COVID-19 Housing Response) Bill 2020
Water Management Amendment (Transparency of Water Rights) Bill 2020
Bills passed by both Houses of Parliament – 07 August 2020
State Revenue Legislation Amendment (COVID-19 Housing Response) Bill 2020
Bills assented to
State Revenue Legislation Amendment (COVID-19 Housing Response) Act 2020 No 19 — Assented to 11 August 2020For the full text of Bills, and details on the passage of Bills, see Bills.
Queensland
Bills Updated
Environmental
Protection and Other Legislation Amendment Bill
2020
Stage reached: 2nd reading to be moved on 3/08/2020
Acts Commencement
Electoral and Other Legislation (Accountability, Integrity
and Other Matters) Amendment
Act2020
(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—
(4) Chapter 5 commences as follows— (b)the remaining
provisions of chapter 5 commence on 12 October 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.