In the media
COAG supports plastics ban
The Council of Australian Governments
(COAG) has announced it will progressively ban the
export of plastic, paper, tyres and glass waste from July,
representing an historic change for the recycling industry (16
March 2020).
More...
PCA: Stimulus package welcome but challenges still
ahead
The Federal Government's economic stimulus package
will provide welcome support for Australian businesses and
households, but there are still significant challenges ahead as
governments manage the public health response to the coronavirus
outbreak (12 March 2020).
More...
NSW
Instructions to councils and other planning authorities
on the COVID-19 pandemic
With the impacts of COVID-19 continuing to impact our
usual day-to-day functions, it is vital that we work together to do
everything we can to support our communities over the weeks and
months ahead (19 March 2020).
More...
'Glacial progress': Minister under fire over
flammable cladding crisis
Cabinet is still considering how it should handle the
flammable cladding crisis more than six months after
recommendations from the building commissioner (17 March 2020).
More...
NSW to lead the nation on emissions reduction
The NSW economy will see over $11.6 billion of private
investment and 2,400 new jobs under Stage 1 of the NSW
Government's plan to reach net zero emissions by 2050. The plan
is financially supported by the landmark $2 billion bilateral
agreement between the Commonwealth and NSW Government announced in
January 2020 (14 March 2020).
More...
Queensland
BNE welcomes approval of 2020 Master Plan
Brisbane Airport Corporation (BAC) has
welcomed the approval of its 2020 Master Plan by the Deputy Prime
Minister. Providing a 20-year blueprint for development, the Master
Plan outlines the land use planning and development intent for BNE,
ensuring essential aviation infrastructure is continually delivered
in advance of the increased demand (18 March 2020).
More...
Grantham reborn: Meet the little Queensland town that
moved
Telve people died in Grantham when a three-metre wall of
water rushed through in January 2011. The mayor and an American
environmental engineer put together a plan to stop it happening
again. This is how Grantham was reborn (14 March 2020).
More...
In practice and courts
New Australian Standards
Call for Nominations - Threatened species, ecological
communities or key threatening processes
Nominations are invited for species, ecological
communities or key threatening processes to be considered for
listing under national environment law during the assessment period
starting 1 October 2020. Nominations close 31 March 2020.
More....
Review of the Lands Acquisition Act 1989: Discussion
Paper
Details of how to make a submission are available on the
Department of Finance's website. Submissions close on 17
April 2020.
NSW
NSW Land and Environment Courts
20 March 2020 - New filing arrangements at the Land and
Environment Court
In order to maintain the practice of social distancing
recommended by NSW Health, the Court is strengthening its new
arrangements for the filing of documents advised on the
website.
19 March 2020 - Application to the Court where
self-isolation necessary
The Australian and NSW government require self-isolation
to limit the spread of COVID-19 in various circumstances. Anyone
required to self-isolate must not attend the Court building or any
Court proceedings wherever conducted.
13 March 2020 - Minimising the spread of coronavirus
(COVID-19)
In an endeavour to contain its effects and keep the Court
operational as much as possible, parties in Classes 1, 2 (excluding
tree dispute applications), 3, 4 and 8 are encouraged to use Online
Registry and Online Court. More...
Koala Habitat Protection Guideline
The Koala Habitat Protection Guideline has been develop to
support the Koala Habitat Protection SEPP which commenced on 1
March 2020. Between 2 March 2020 until 30 March 2020, the
Department is welcoming feedback from stakeholders and the
community on the draft Guideline.
More...
Current LEP Proposals from 12 March 2020
Local Heritage Listing - 30 Wyuna Road, Point Piper
Local heritage listing of seven pubs in Paddington.
Queensland
Brisbane City Council: Draft Central Park
Masterplan
The draft plan is now out for public consultation
following the release of
five creative concepts from architecture and planning firms
last year. The Victoria Park concept plan is now open to the public
until April 28 on the Brisbane City Council's website.
Applications open for Queensland carbon farming
projects
Applications are now open under the
2020 Investment Round of the
Land Restoration Fund.
This year, the Queensland Government is investing $100 million for
carbon farming projects that deliver extra benefits for our
environment, threatened species and regional communities.
Applications for the 2020 Investment Round are now open and close
15 April 2020.
Cases
NSW
Wills v North Sydney Council
[2020] NSWLEC 1119
APPEAL - development application - existing hotel -
heritage item - application to extend trading area on 20 occasions
each year with associated structures and storage - impact on
significance of heritage item - whether sufficient information
provided
J.K. Williams Staff Pty Ltd v Sydney Water
Corporation [2020] NSWSC 220
CIVIL PROCEDURE — Jurisdiction — Transfers
to and from other courts — Land and Environment Court -
Whether, for the purposes of s 149B(2) of the Civil Procedure Act
2005 (NSW), it is more appropriate for the proceedings in the
Supreme Court to be transferred to the Land and Environment Court
to be heard together with related proceedings in that court -
Transfer order made
SJD DB2 Pty Ltd v Woollahra Municipal
Council [2020] NSWLEC 1112
DEVELOPMENT APPLICATION - residential flat building -
clause 4.6 objections to height and floor space ratio controls -
desired future character - economic impact - precedent
Patane v Blacktown City Council
[2020] NSWLEC 1111
DEVELOPMENT CONTROL ORDER - whether necessary to
comply with BCA - whether demolition required - alternate solutions
- discretion
Williamson v Northern Beaches Council
[2020] NSWLEC 1110
DEVELOPMENT APPLICATION - boarding house development -
R2 Low Density Residential zone - character of local area - visual
and acoustic impact -provision of onsite car parking in accessible
area
Newland Developers Pty Ltd v Tweed Shire
Council [2020] NSWLEC 1107
DEVELOPMENT APPLICATION - subdivision - same or
similar to earlier application and appeal - whether abuse of
process - nomination in development control plan as school site -
whether development control plan should be given little or no
weight - strategic provision of education facilities in the area -
consideration of future population - application of the development
control plan - whether site should remain available for future
school
Queensland
Southern Downs Regional Council v Homeworthy Inspection
Services [2020] QPEC 7
PLANNING AND ENVIRONMENT - APPEAL - where appeal
against decision of the Building and Development Tribunal - where
appeal allowed and the decision of the Tribunal set aside - whether
matter should be remitted to the Tribunal - whether the re-exercise
of the discretion is conducted by way of a hearing anew - whether r
766(1) of the Uniform Civil Procedure Rules 1999 applies to the
appeal - whether leave should be granted for the appellant to lead
fresh evidence.
Planning Act 2016 Qld ss 45, 229 & Schedule 1.; Planning and
Environment Court Act 2016 Qld ss 9, 43 and 47
Planning and Environment Court Rules 2016 Qld s4; Uniform Civil
Procedure Rules 1999 Qld rr 766, 782, 785
Logan City Council v Brookes [2020]
QDC 24
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING -
PLANNING AND DEVELOPMENT PROSECUTIONS - GENERALLY - where the
respondent, without a permit, moved seven shipping containers onto
his property - where the appellant commenced proceedings by way of
seven complaints charging the respondent with carrying on
assessable development without a permit contrary to s 578 of the
Sustainable Planning Act 2009 - where the complaints were
particularised as carrying on "building work" as defined
in s 10 of the Sustainable Planning Act 2009 - where the learned
magistrate found that each shipping container was not a "fixed
structure" and as such did not amount to carrying on building
work - whether the learned magistrate erred in finding that the
movement of the shipping containers was not "building
work"
EVIDENCE - GENERAL PRINCIPLES - EVIDENCE LAW - RULINGS AND FINDINGS
- where the learned magistrate admitted into evidence an agreed
statement of facts containing purported admissions pursuant to s
148A of the Justices Act 1886 - where the respondent was
self-represented at trial - where the respondent argues on appeal
that he did not consent to the agreed statement of facts - where
the agreed statement of facts was tendered by the appellant without
objection from the respondent - where the respondent later stated
in the trial that some facts were agreed but others were not -
whether the respondent should be allowed to resile from the agreed
statement of facts
MAGISTRATES - APPEAL AND REVIEW - QUEENSLAND - APPEAL - PROCEDURE -
where the appellant applied for leave to adduce new evidence -
where the appellant seeks to adduce evidence of correspondence
between the parties in relation to the agreed statement of facts
tendered at trial so as to answer the respondent's argument on
appeal - the test in Pavlovic v Commissioner of Police [2007] 1 Qd
R 344 - whether the appellant should be granted leave to adduce new
evidence
Justices Act 1886 Qld s 148A, s 222, s 223; Sustainable Planning
Act 2009 Qld s 7, s 10, s 578
Redland City Council v King of Gifts
(Qld) Pty Ltd and HTC Consulting Pty
Ltd & Anor [2020] QCA
41
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITHIN
ENVIRONMENT JURISDICTION - QUEENSLAND - PLANNING AND ENVIRONMENT
COURT AND ITS PREDECESSORS - RIGHT AND AVAILABILITY OF APPEAL -
where the applicant seeks leave to appeal from a decision of the
Planning and Environment Court pursuant to s 63 of the Planning and
Environment Court Act 2016 (Qld) - where the primary judge ordered
that the appeal be adjourned in November 2017, giving reasons that
she intended to allow the appeal and that the purpose of the
adjournment was to allow for the "formulation of reasonable
and relevant conditions" for approval of the development -
where final orders on the appeal were made in June 2018 - where the
applicant seeks leave to appeal from the final orders made on June
2018 - whether the appeal to the Court of Appeal was made out of
time - whether leave to appeal should be granted
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING
SCHEMES AND INSTRUMENTS - QUEENSLAND - where the primary judge
granted an appeal pursuant to s 461(1) of the Sustainable Planning
Act 2009 (Qld) (SPA) against the local government's refusal of
a development application for a material change of use to develop
land for a service station, drive through restaurant and an on-site
effluent disposal irrigation area - where the development
application was impact assessable such that it was required to be
assessed against all relevant provisions of the applicable planning
scheme - where the planning scheme is divided into various zones,
including the Open Space Zone and the Environmental Protection Zone
(EP Zone) - where the planning scheme also has a number of overlays
- where the entirety of the site is contained within the Kinross
Road Structure Plan (KRSP) Overlay Code - where the built form of
the proposed development is located within the EP Zone and Bushland
Living Precinct 6 of the KRSP Overlay Code - where the effluent
treatment area of the proposed development is located within the
Open Space Zone and Greenspace Precinct 7 of the KRSP Overlay Code
- where the primary judge found that the proposed development
complied with relevant ecological provisions of the EP Zone Code
and the KRSP Code - whether the primary judge misconstrued specific
outcome S1.1 of the EP Zone Code - whether the primary judge erred
in concluding that the proposed development complied with overall
outcomes 4.6.7(2)(a)(i)c. and e. of the EP Zone Code - whether the
primary judge erred in concluding that the proposed development
complied with overall outcome 5.15.8(f) and specific outcome
1.7(2)(b) of the KRSP Overlay Code - whether the primary judge
erroneously took into account an irrelevant consideration by having
regard to the maintenance and protection of ecological values of
Hilliards Creek, which was located in the Northern Portion of the
site
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING
SCHEMES AND INSTRUMENTS - QUEENSLAND - where the first
respondents' economic expert gave evidence before the primary
judge that any economic need for the proposed development could be
met by a "service station with a smaller convenience store,
fewer fuel spots, without the car wash and possibly without the
drive through restaurant" - where the primary judge rejected
that evidence as irrelevant because it was a "hypothetical
alternative" - where the primary judge then made a factual
finding that there was a need for the proposed development -
whether the primary judge took an erroneous approach in assessing
the need for the development as a question of fact, thereby
amounting to an error of law
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING
SCHEMES AND INSTRUMENTS - QUEENSLAND - where the primary judge held
that while the proposed development conflicted with the planning
scheme in some respects, there was otherwise a need for the
proposed development that was a sufficient ground to justify
approval of the development pursuant to s 326(1)(b) of the SPA -
whether the primary judge erred in assessing the need for the
proposed developments that would otherwise justify the approval of
the development - whether the primary judge correctly applied s
326(1)(b) of the SPA to assess whether the need for the development
was a sufficient ground to approve the development in the public
interest, despite its conflicts with the planning scheme
Hemmant Property Group Pty Ltd v Brisbane City
Council [2020] QPEC
6
In the even that Hemmant Properties were to convince the
Court that the appeal ought be allowed, subject to a condition
requiring it to, at its expense, upgrade the relevant section of
Burnby Road, there would be, in my opinion, no reason why this
Court could not allow the appeal subject to such a condition, and
that would include, of course, requiring it to get the consent of
the council to carry out the necessary roadworks
Legislation
NSW
Environmental Planning Instruments
State
Environmental Planning Policy (State and Regional Development)
Amendment (State Significant Development) 2020 (2020-94) &
published LW 16 March 2020
State
Environmental Planning Policy (Koala Habitat Protection) Amendment
(Maps) 2020 (2020-84) & published LW 12 March 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.