In the media
Guide to corporate renewable energy power purchase
agreements
New guides on power purchase agreements, templates and
roadmaps have been released by the Business Renewables Centre.
Given the enormous falls in the cost of solar and wind farms and
the rising price of electricity, many organisations are becoming
more proactive in their energy management strategies and
considering RE PPA (20 August 2019).
More...
A greener recycling industry
The Morrison Government is taking practical steps toward a
cleaner environment with a new $20 million commitment for
innovative projects to grow our domestic recycling industry (13
August 2019).
More...
Significant building reform' needed to restore
insurers' confidence
Insurers won't consider offering unrestricted products
in the building industry professional indemnity market until
confidence in the sector is restored, Insurance Council of
Australia says (12 August 2019).
More...
NSW
Green light for Martin Place metro towers
Sydney's CBD will be home to two new office towers,
with the NSW Government approving the development above the future
Martin Place Metro Station (22 August 2019).
More...
Wildlife struggling to cope with bushfires coupled with
habitat loss
Experts say bushfires coupled with decreasing habitat in
an urbanised landscape is taking its toll on wildlife and improved
land management is crucial (21 August 2019).
More...
Pyrmont set for facelift
The NSW Government has outlined its strategic vision for
Pyrmont and the Western Harbour precinct as a vibrant residential,
entertainment and innovation hub on the fringe of Sydney's CBD
(19 August 2019).
More...
NSW to review after Sydney hotel rejected
Sydney's lord mayor has accused the NSW premier of
betraying the public's trust over a proposed luxury tower in
Pyrmont after the government ordered a review of planning rules for
the area (19 August 2019).
More...
Big off-the-plan reform push launched by REINSW
In response to government proposals for off-the-plan contracts, the REINSW has called for protective financial risk provisions to be extended to all parties involved in these contracts, not just purchasers (14 August 2019). More...
Landmark hotel strata sale makes NSW history
A landmark court decision in Sydney could pave the way for
a wave of high profile strata collective sales in NSW, after a
hotel in Darling Harbour was sold with the agreement from
three-quarters of the strata building's owners (14 August
2019).
More...
Newcastle gas terminal given critical status
A Liquified Natural Gas import terminal at Newcastle that
could supply up to 80 per cent of NSW's gas needs has today
been declared Critical State Significant Infrastructure (14 August
2019).
More...
Queensland
PCA: Victoria Park vision: consultation open
Brisbane City Council has announced The Victoria Park
Vision; a proposal to develop the Victoria Park Golf Course into
the biggest park Brisbane has seen in 50 years. Brisbane City
Council has announced plans to turn the current site of the
Victoria Park Golf Course into a massive public park (22 August
2019).
More...
Koala habitat cleared for housing development against
Environment Department's offset policy
The Federal Environment Department approved the clearing
of more than 75 hectares of critical koala habitat west of Brisbane
in breach of its own policy (13 August 2019).
More...
'Not good enough': Koala habitat cleared to make
way for housing against government policy
Documents obtained under Freedom of Information laws
reveal more than 75 hectares of critical koala habitat were
approved for clearing by the Department of Environment in breach of
its own policy (13 August 2019).
More...
In Practice and Courts
High carbon from a land down under
Tom Swann; The Australia Institute: 19 August 2019
The climate impact of Australia's fossil fuel exports ranks
behind only Russia and Saudi Arabia, in terms of global emissions,
according to this report. Australian governments actively promote
even greater coal and gas exports and our politicians work hard to
avoid confronting the climate impacts of our behavoiur. In reality,
those impacts are enormous (19 August 2019). More...
Clean Energy Regulator corporate plan 2019-23
The Clean Energy Regulator Corporate Plan 2019-23 has now
been published (22 August 2019).
More...
Announcements, Draft Policies and Plans released 2019
NSW
PCA Planning Statements 16 August 2019
Planning Ryde – Draft Local Strategic Planning
Statement 2019.
More...
Ku-ring-gai Council Local Strategic Planning Statement. More...
Hills Future 2036 – Local Strategic Planning Statement. More...
The Low Rise Medium Density Housing Code deferred
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been amended to
extend for a further short period, until 31 October 2019. For
landowners, pending recommendations of the review, landowners in
deferred council areas will not be able to use the Code to lodge a
complying development application for dual occupancies, manor
houses or terraces until 1 November 2019 (or 1 July 2020 in the
City of Ryde).
More...
New dates for Environmental
Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans.
CPPs must be finalised and published on the ePlanning portal by 1
December 2019
Announcements, Draft Policies and Plans released 2019
Queensland
DES: Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions (August 2019).
More...
BCC: Draft design guide - low-to-medium density
housing
The draft New World City design guide – Subtropical
homes for a Brisbane lifestyle will provide advice and support to
encourage quality design of townhouses and apartments up to five
storeys. Consultation has now commenced and will close on 13
September 2019.
More...
BCC: Design strategy for Brisbane
Design-led City – a design strategy for Brisbane
intends to outline a vision for design quality across
Brisbane's built environment. The consultation document sets
out the draft priorities and design values to guide design outcomes
for all development and infrastructure projects, and identifies
potential actions to support, regulate, reward and implement
quality design in Brisbane. Consultation will close on 13 September
2019.
More...
PCA: Queensland planning policy update
A number of local and state government related planning
decisions impacting the property sector have been released.
Cases
NSW
Harris v Mathieson (in his
capacity as an authorised officer under
theWater Management Act
2000) (NSW) [2019] NSWSC
1064
ADMINISTRATIVE LAW – ground of review other than
procedural fairness – improper exercise of power –
plaintiffs issued with notices from defendant on behalf of the
National Resources Access Regulator – notices issued under s
338A Water Management Act 2000 (NSW) – notices
required the provision of stipulated information and documents
– notices said to be issued as part of an investigation by
NRAR into the plaintiffs' water access and use at their two
farms – notices said to be issued for the purpose of
determining whether there had been compliance with or contravention
of identified conditions of the access licence for each of the
properties – whether the defendant was entitled to require
the plaintiffs to furnish the stipulated information/documents
– whether the information/documents were required for the
purpose of ascertaining whether the plaintiffs had contravened
identified conditions of the respective access licences –
notices set aside
Turner v Department of Planning and
Environment [2019] NSWCATAD
166
ADMINISTRATIVE LAW – freedom of information –
preliminary draft expert report – whether release could
reasonably be expected to prejudice the effective exercise of
agency's functions – effect upon availability of experts
to assist agency – consideration of broader circumstances
where expert does not object to disclosure
Crawford Education Pty Ltd v Ku-ring-gai
Council [2019] NSWLEC
1388
APPEAL – development application – child care
centre – increase in number of children from 70 to 175
– increase in parking demand – whether parking demand
can be accommodated – cross-fall gradient – potential
for conflict in parking demands arising from adjoining uses –
dispute on conditions of consent – surrender of earlier
consents – amendment of earlier consents –
consolidation of lots – requirement for accessibility for
existing lift – update to Plan of Management
Sunland No. 35 Pty Ltd v Camden Council
[2019] NSWLEC 1391
DEVELOPMENT APPLICATION ¬– multi-dwelling
housing in a community title subdivision – solar access to
private open space – urban design considerations including
street activation and clustering – adequacy of road design
and access including acceptable road widths and speed mitigation
measures – provision for public access through the site
– community objections
Blacktown City Council v Nitopi
(No 2) [2019] NSWLEC 118
PRACTICE AND PROCEDURE – Notice of Motion
seeking to invoke Slip Rule to permit orders that a moiety of the
fines imposed in the primary decision be paid to the Applicant
– application of Slip Rule – power to award a moiety
– orders amended/added to order payment to the Council of
half of each fine imposed on the Respondent
Universal 1919 Pty Ltd v 122 Pitt Street Pty
Ltd [2019] NSWLEC 117
JUDICIAL REVIEW – challenge to validity of a
Development Control Order issued to the landlord of premises
– alleged unlawful works carried out at hotel premises
– heritage considerations – denial of procedural
fairness – whether removal of render on a wall to create a
depiction of a flag is "development" – invalidity
on the face of the Order – Wednesbury unreasonableness
Primo Developments Sydney Pty Ltd v Woollahra Municipal
Council [2019] NSWLEC 1380
DEVELOPMENT APPEAL – impact on state heritage
item – heritage conservation area – residential
apartment development – potential view loss
Shearer v Arian [2019] NSWLEC
1383
TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge
– obstruction of views – severity of obstruction
– properties not adjoining
All in Project Management Pty Ltd v Waverley
Council [2019] NSWLEC 1374
DEVELOPMENT APPLICATION – rooftop terrace
– car stackers – vehicle manoeuvrability – onsite
pedestrian safety – site suitability – partial
consent
ABC Planning Pty Ltd v Cumberland Council
[2019] NSWLEC 1278
DEVELOPMENT APPLICATION – residential apartment
development – Auburn Town Centre – key sites
development – site isolation – stormwater detention
– street wall height
Queensland
Lasker v Holeszko[2019] QCA163
APPEAL AND NEW TRIAL – PROCEDURE –
QUEENSLAND – WHEN APPEAL LIES – FROM MAGISTRATES COURT
– BY LEAVE OF COURT – FROM DISTRICT COURT – BY
LEAVE OF COURT – where the applicant was charged with four
offences against the Sustainable Planning Act 2009 (Qld),
with the matter proceeding to a hearing before the magistrates
court – where the magistrate, after delivering reasons,
including findings that the applicant should be found guilty in
respect of each of the four charges, and making orders to that
effect by consent, adjourned the matter to a later date for the
determination of penalty and costs – where the applicant
lodged a notice of appeal in the District Court under s 222 of the
Justices Act 1886 (Qld), prior to the penalty and costs
hearing, seeking that the "convictions" imposed by the
magistrate be quashed – where the respondent successfully
applied to have the s 222 notice of appeal struck out, on the basis
that a right of appeal did not exist until after penalty and costs
had been decided and the complaint was "disposed of with final
orders" – whether the orders made by the magistrate gave
rise to a right of appeal under s 222 – whether the learned
District Court judge erred in striking out the s 222 notice of
appeal – whether leave ought to be granted to the applicant
to appeal against the decision of the learned District Court
judge
District Court of Queensland Act 1967 Qld s 118;
Justices Act 1886 Qld s 146, s 222, s 225; Penalties
and Sentences Act 1992 Qld s 3
Gold Coast City Council v Adrian's Metal Management Pty
Ltd & Ors (No.3) [2019] QPEC 39
CONTEMPT – where first and second respondents
pleaded guilty to contempt – where contempt constituted by
flagrant breach of orders of the court – where first and
second respondent fine for contempt
APPLICATION – where respondents sought variation of orders
made by this court on 7 November 2018
APPLICATION – where Gold Coast City Council seeks its costs
of the proceedings other than contempt proceedings – where
respondents ordered to pay 50% of the Council's costs of the
contempt proceedings
Environmental Protection Act 1994 Qld; Planning and
Environment Court Act 2016 Qld; Planning Act 2016
Qld
Uniform Civil Procedure Rules 1999 Qld
Lockyer Valley Regional Council v Macandrews Industries Pty
Ltd & Ors [2019] QPEC 38
PLANNING AND ENVIRONMENT – APPLICATION –
application to strike out originating application, or parts thereof
– application to amend originating application –
whether applicant is permitted under new legislative regime to seek
declarations concerning alleged development offences on part of
respondent
Sunshine Coast Regional Council v Dwyer &
Ors [2019] QPEC 36
It is further ordered that pending a decision in
proceedings for the enforcement order, interim enforcement orders
are made pursuant to section 180(5) of the Planning Act
2016 (Qld) that: 4.The First, Second, Third and Fourth
Respondents by themselves, servants or agents stop carrying out all
works associated with the Rooftop Work and the Rooftop Area until a
development permit for building work is in effect for the
development;
Burnett Street Nominees Pty Ltd v Sunshine Coast Regional Council
[2019] QPEC 35
ENVIRONMENT AND PLANNING – APPLICATION –
Where the applicant seeks an order pursuant to s 78 Planning
Act 2016 to change a development approval by allowing the
development to be in stages – Whether the proposed change is
a "minor change" – Whether the proposed change
would not result in a substantially different development
Planning Act 2016 Qld ss 68, 78(1), 78A, 80, 81(2), 85,
86; Planning Regulation 2017 Qld s 44; Planning and
Environment Court Act 2016 Qld s 46(3); Sustainable
Planning Act 2009 Qld ss 350, 369
Legislation
Water
Act (South Australian Murray Region Water Resource Plan)
Accreditation Decision 2019
21/08/2019 – This instrument sets out the
Minister for Water Resources, Drought, Rural Finance, Natural
Disaster and Emergency Management's decision, under section 63
of the Water Act 2007 to accredit the South Australian
Murray Region Water Resource Plan.
NSW
Regulations and other miscellaneous instruments
Environmental Planning Instruments
State
Environmental Planning Policy (Vegetation in Non-Rural Areas)
Amendment 2019 (2019-417) — published LW 23 August
2019
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) Amendment (Heritage Conservation Areas Exemption)
2019 (2019-394) — published LW 16 August 2019
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.