Australia: Planning & Environment - What's News - 30 March 2016

In the media

Commonwealth

Doubling Renewables Could Save USD $4.2 Trillion Annually
Analysis by the International Renewable Energy Agency (IRENA) indicates a very strong economic case for doubling renewable capacity by 2030 globally. REmap: Roadmap for a Renewable Energy Future was released yesterday and updates some of the key findings of the 2014 REmap report (18 March 2016).   More...

2016 Renewable Energy Target liability obligations set
The CER has today published the small-scale technology percentage and the renewable power percentage for 2016.  The 2016 small-scale technology percentage is 9.68%, the non-binding small-scale technology percentage for 2017 is estimated at 9.02% and at 8.31% for 2018 and the 2016 renewable power percentage is 12.75% (15 March 2016).   More...

Why BASIX water requirements should be replicated across Australia
NSW has outperformed the nation in water efficiency and according to the authors of a new report the reason is its BASIX rating system for housing and the rest of the country should emulate it (15 March 2016).   More...

China, Thai investors join rush to Australian energy renewables
China's State Power Investment Corporation has snapped up another wind farm in Australia, as new entrant Thailand's Wind Energy Holding has bought 50 per cent of project developer CWP Renewables, confirming a surge of overseas interest in the wind and solar sector (15 March 2016).   More...

Ararat Wind Farm: first renewable energy project registered for an IS rating
The Ararat Wind Farm project is the first renewable energy project in Australia to register for an IS rating. Over the coming months, the project team will be working on their IS As Built rating submission, measuring and capturing sustainability initiatives and practices on the project (11 March 2016).   More...

Expansion of Carbon Certification to include Committee for Cities, Precincts & Buildings
The Australian National Carbon Offset Standard was introduced in 2010 to set requirements for businesses, products, services and events seeking carbon neutrality. An Expert Committee has been formed to expand the current scheme as well as work towards a carbon-neutral certification for buildings (08 March 2016)  See Minister for Environment announcement here.  GBCA Media Release here.

How Can We Stop Urban Sprawl?
As the population of Australia grows, a critical area of challenge for planners revolves around how to limit urban sprawl (18 March 2016).  More...

Northern Australia Infrastructure facility moves ahead
The Government has introduced legislation to establish the $5 billion Northern Australia Infrastructure Facility (NAIF), a centre piece of the White Paper on Developing Northern Australia (17 March 2016).   More...

Funding available now for infrastructure upgrades for NSW irrigators
Irrigators in northern New South Wales can now apply for a share of $111 million in funding to upgrade on-farm water infrastructure (17 March 2016).   More...

Victorian

Support For Workers Following Chemical Inquiry
The Andrews Labor Government will roll out a host of measures to support former Crown Lands workers following an inquiry into historical chemical use by employees, after an inquiry after concerns were raised in Ballarat about exposure to the chemicals 2,4-dichlorophenoxyacetic acid (2,4-D) and 2,4,5-trichlorophenoxyacetic acid (2,4,5-T) (18 March 2016).  More...

Planning Minister Pushes For Higher Tower Standards
Minister for Planning Richard Wynne has reached a compromise with the developer of a King Street tower, giving final approval for a new CBD tower which will generate construction jobs and complement the surrounding area (18 March 2016).  More...

Have Your Say On How Victoria Manages Our Plants And Animals
Minister for Environment, Climate Change and Water Lisa Neville today called for community feedback to two integral plans which will shape the way Victoria manages its native plants and animals. Protecting Victoria's Environment – Biodiversity 2036 is the Andrews Labor Government's long term strategy for stopping the decline of Victoria's biodiversity (17 March 2016).  More...

Funds To Help Victorians Protect Threatened Species And Habitat
Applications are now open for a second round of grants for community groups and environmental organisations under the Andrews Labor Government's Threatened Species Protection Initiative (16 March 2016).  More...

Sky rail Melbourne: Premier says nearby residents to be compensated
Residents living near the Andrews Government's $1.6 billion sky rail project could receive compensation or voluntarily sell their homes to the government, with the Premier Daniel Andrews revealing that arrangements for compensation and "any voluntary acquisition of property" were "fully-funded" (14 March 2016).  More...

EPA fines Scoresby company over $7500
Environment Protection Authority Victoria (EPA) has fined a Scoresby company over $7,500 for illegally discharging liquid waste into a local stormwater drain (17 March 2016). More...

$4 Million Commitment To Geelong Safe Harbour Project
The Andrews Labor Government is pledging $4 million towards Stage One of the Geelong Waterfront Safe Harbour Precinct (16 March 2016).  More...

Trial Looks To Space To Help Detect Water Leaks
Technology developed to search for water on other planets could benefit the Victorian Water Industry, with a trial now under way to test its capacity to detect leaking water mains (16 March 2016).  More...

Have your say on managing Victoria's water resource
Water for Victoria, a discussion paper about managing our future water resources has been released and we want to hear your views (16 March 2016).  More...

Charges laid following EPA investigation into Hazelwood mine fire
EPA has charged a number of companies with air pollution offences under the Environment Protection Act following a comprehensive investigation into the Hazelwood mine fire which started on 9 February 2014 (15 March 2016).  More...

Regulator releases Draft Decision on Melbourne Water's 2016 price submission
Victoria's independent economic regulator, the Essential Services Commission (the Commission), has today released its Draft Decision on Melbourne Water's price submission for 1 July 2016 to 30 June 2021 (11 March 2016).  More...

$750 Million Investment To Revitalise Queen Street
Minister for Planning Richard Wynne has approved a $750 million two-tower development on Queen Street, a part of Melbourne's CBD undergoing transformation through new development (12 March 2016).  More...

Dingley Bypass To Open Ahead Of Schedule
Motorists in Melbourne's South Eastern suburbs will benefit from the opening of the $156 million Dingley Bypass, five months ahead of schedule (11 March 2016).  More...

EPA revokes Apollo Bay foreshore notice after asbestos all clear
Environment Protection Authority Victoria (EPA) has revoked a clean up notice which was issued to the Otway Coast Committee following the removal of asbestos-containing fragments from the Apollo Bay foreshore (09 March 2016).  More...

EPA fines Portland company over $7500
Environment Protection Authority Victoria (EPA) has fined Portland company Iron Horse Enterprises Pty Ltd (trading as WestVic Demolitions and Asbestos Removals) more than $7,500 for depositing industrial waste at a site not licensed to receive it (09 March 2016).  More...

Air monitoring results from Broadmeadows tyre fire released for community
EPA has released a fact sheet and report to summarise the air quality monitoring results recorded during a tyre fire that began on 11 January 2016 at Tyre Crumb Australia in Broadmeadows (09 March 2016).  More...

Faster Solar Connections For Victorians
Minister for Energy and Resources has introduced the National Electricity (Victoria) Further Amendment Bill 2015, to switch Victoria to national arrangements for connection, which require electricity distributors to follow tighter timeframes when they get a connection request (08 March 2016).  More...

New South Wales

Have your say on a solar farm near Griffith
A proposal by Neoen Australia for a solar farm at Yoogali near Griffith will be on exhibition from today for community feedback (18 March 2016).  More...

Simpler planning policies for correctional centres and complexes
The Department of Planning and Environment today announced changes for the approval of extensions to correctional centres (18 March 2016).  More...

Marrickville rezoning plans to be prepared for public feedback
A proposal lodged by Marrickville Council to rezone industrial land in Marrickville to allow for new homes and businesses has progressed to the next phase of investigation (16 March 2016).  More...

Changes to make the planning system easier for businesses in NSW
The NSW Department of Planning and Environment today announced an amendment order to the Standard Instrument for Local Environment Plans (SILEPs) and two State Environmental Planning Policies (SEPPs), which will provide a more consistent approach state-wide and help increase local economic activity, create jobs and encourage investment (12 March 2016).  More...

NSW's Strata Title Laws Shake-up: What Does It Mean For Developers?
The development industry is set for a major shake-up mid-2016 when NSW introduces sweeping reforms to the strata title laws (16 March 2016).   More...

Review of Catchment Action NSW funding to Local Land Services
The Office of Environment and Heritage appointed the Natural Resources Commission (the Commission) to carry out a mid-term review of Local Land Services' delivery of Catchment Action NSW funding in 2014-15.The Commission has now finalised its report (11 March 2016).  More... More... (November 2015)

Sydney Metro Northwest's skytrain underway
The first section of Sydney Metro Northwest's skytrain is complete, meeting another important milestone for Australia's biggest public transport project (09 March 2016).   More...

Western Sydney airport high speed rail link essential
Announcements by Prime Minister Malcolm Turnbull that a high speed rail link must be ready for the opening of the Western Sydney Airport in 2026 is good news, says the Urban Taskforce (11 March 2016).   More...

Two penalties for Visy Paper Australia for litter and odour problems
The NSW Environment Protection Authority (EPA) has issued Visy Paper with an $8, 000 penalty notice for offensive odours and a $500 penalty notice for litter escaping the boundary of its Smithfield premises (10 March 2016).  More...

Independent PAC to decide on Sydney Superyacht Marina modification
The Department of Planning and Environment has referred a modification application to upgrade the Sydney Super Yacht Marina at Rozelle Bay to the independent Planning Assessment Commission for a determination (09 March 2016).  More...

EPA fines Ameropa Australia Kooragang facility $15,000
The NSW Environment Protection Authority (EPA) has issued a $15,000 fine to Ameropa Australia Pty Ltd (Ameropa Australia) for contravening its environment protection laws (09 March 2016).  More...

Queensland

Queensland's infrastructure spending too important for grandstanding, Deputy Premier Jackie Trad says
Queensland's Deputy Premier Jackie Trad says $35 billion worth of planned infrastructure spending – including $500 million in new funding – is too important to be used for political grandstanding by the crossbench (18 March 2016).   More...

Govt lays down integrated resort requirements
Strict government standards have been laid down so that any new major integrated resort developments in Queensland meet international tourist expectations (16 March 2016).   More...

World-class $100 million aquarium proposed for South Bank
A world-class aquarium is part of a proposed $100 million redevelopment of the Queensland Maritime Museum on Brisbane's South Bank being progressed through the Palaszczuk Government's Market-Led Proposal initiative (16 March 2016).   More...

For more information on Market-Led Proposals, go to here.

Objection rights restored for Aurukun mine
The community will have their objection rights restored for the Aurukun mining project, under legislation debated in State Parliament tonight (15 March 2016).   More...

Parliament supports Adani mine approvals
Queensland Parliament today supported the approval of Adani's $21.7 billion Carmichael Coal project (15 March 2016).   More...

Government moves to enforce 'chain of responsibility' system for costly environmental clean-ups
The Palaszczuk Government has moved to introduce new laws to prevent irresponsible businesses from leaving Queensland taxpayers with costly environmental clean-up bills (15 March 2016).   More...

Enforcement Orders issued against Qld Nickel Sales
Hours after transferring an Environmental Authority permitting Queensland Nickel Sales to operate the Yabulu refinery, the Department of Environment and Heritage Protection has served enforcement orders demanding the company take action to ensure the environment is protected (11 March 2016).   More...

Linc Energy committed for trial
Linc Energy Limited has been committed to stand trial in the District Court at Dalby, at a date to be set, on five charges of wilfully causing serious environmental harm, in contravention of the Environmental Protection Act 1994 (11 March 2016).   More...   More... 

Queensland Nickel environmental authority approved
The Queensland Government has approved the transfer of Queensland Nickel's environmental authority (EA) to Queensland Nickel Sales Pty Ltd, the new operator of the Yabulu nickel refinery north of Townsville (11 March 2016).   More... More... (11 March 2016)

Queensland's carbon pollution could increase by a third, report says
New modelling by Queensland's Environment Department shows the state's carbon pollution could increase by 35 per cent by 2030.The State Government has released the projections in the face of growing resistance to planned changes to tree-clearing laws (09 March 2016).   More...

(09 March 2016)  We have a right to development': Pearson hits out at tree clearing laws

(09 March 2016) New study reveals LNP's carbon pollution plan for Queensland

Far North Queensland to benefit from new solar farm
An ex-frontier services town in far North-West Queensland is set to benefit from the construction of a new solar plant, which will demonstrate the value of renewable energy at the edge of the National Electricity Market. The Australian Government is providing $8.4 million to support the construction of a 5 MW solar PV plant (08 March 2016).   More...

First sod turned on new $75 million retail development for North Lakes
Deputy Premier and Minister for Infrastructure, Local Government and Planning welcomed the start of works by developers Primewest, which will transform the 11,350 square metre location into high quality, large format retail space to attract a number of high profile brands (07 March 2016).   More...

Proving solar benefits at the edge of Australian grids

The Australian Renewable Energy Agency (ARENA) has announced $8.4 million funding support for Canadian Solar and Scouller Energy to construct a 5 MW DC (4.5 MW AC) solar farm near Normanton in far North-West Queensland (07 March 2016).   More...

In Practice and Courts

Commonwealth

ARENA: New large-scale solar data and shortlisted project
A summary of the data from 75 large-scale solar project proposals is now available (04 March 2016)           

Victoria

VIC: Macedon ranges protection advisory Committee Issues Paper
The Committee has released an Issues Paper for comment. Submissions on the Issues Paper close 15 April 2016 (17 March 2016).

VIC: Planning scheme amendments online is changing
The Department is phasing out the old Planning Scheme Amendments Online website and replacing it with a new, modern service that is integrated into Planning Schemes Online. Information about planning scheme amendments can now be found through the Amendments tab on Planning Schemes Online. We recommend that you update your bookmarks and links for this new location.

Draft Decision on Melbourne Water's 2016 Price Submission:  consultation
Written submissions are due by 26 April 2016. The final decision will be released in June 2016.  More...

VIC: Residential State of Play reports
The Residential State of Play Reports have been released to support the Managing Residential Development Advisory Committee. The reports discuss the application of the new residential zones and trends in housing development. The closing date for submissions to the advisory committee is 14 March 2016.

VIC: Investing In Innovative Waste to Energy Recovery Systems: application grants available
The funding aims to help overcome barriers to uptake of these technologies by supporting pilot projects that demonstrate the viability of organics recovery and processing, and which can easily be replicated. Applications close 21 March 2016.  More...

New South Wales

PCA:  Proposed changes to NSW Complying Development
Property Council of Australia's submission on proposed changes to NSW Complying Development to cover medium density housing, 09 March 2016.   More...

NSW: Applications Open for 2016-17 Floodplain Management Grants
The Office of Environment and Heritage is inviting applications for funding under the Floodplain
Management Program for the 2016 - 17 financial year. Applications close on 17 March 2016
Contact the relevant regional office in the grant application guidelines for further information here.

NSW Water: Draft Water Sharing Plan for the North Coast Fractured and Porous Rock Groundwater Sources now on public exhibition
The draft plan is on exhibition for comment from 8 February 2016 to 20 March 2016.   More...

Queensland

QLD Draft guideline: master planning for priority ports
The Queensland Government is advancing master planning for priority ports - Gladstone, Abbot Point, Townsville and Hay Point/Mackay in accordance with the Sustainable Ports Development Act 2015 and consistent with the Reef 2050 Long-Term Sustainability Plan. The Draft guideline: master planning for priority ports is available for public comment until 14 March 2016.  More...

QLD: Reports due
Planning Bills 2015 – 21 March 2016
North Stradbroke Island Protection and Sustainability (Renewal of Mining Leases) Amendment Bill 2015 and North Stradbroke Island Protection and Sustainability and Other Acts Amendment Bill 2015 -   31 March 2016
Queen's Wharf Brisbane Bill 2015 – 04 April 2016

Queensland Parliamentary Committee: Planning Bills and Public Inquiry
The committee is required to consider all of the Planning Bills and reopened committee's inquiries into the private members' Bills and report to Parliament by 21 March 2016.   More...

Cases

Victoria

Hotel Windsor Holdings Pty Ltd v Minister for Planning (Red Dot) [2016] VCAT 389
NATURE OF CASE - Application for extension of time to complete development.  LOCATION OF PASSAGE OF INTEREST - Part 3 – paragraph [49] onwards.  REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or application - Relevance and application of principles in Kantor v Murrindindi SC and other relevant criteria to a request for an extension of time to complete development, as opposed to starting development.  PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues.  Adequacy of standard 2 x 2 permit (with two years to start development and two years to complete) for a major central city development; desirability of permit having a reasonable construction timeframe to allow contractual certainty for builders and financiers.  APPLICATION – significant and interesting development - Public interest in decision about Windsor Hotel redevelopment.  More...

G3 Projects Pty Ltd v Yarra CC (Red Dot) [2016] VCAT 373
NATURE OF CASE - Consideration of Clause 22.17, notably the objective to achieve ESD best practice in relation to daylighting.  LOCATION OF PASSAGE OF INTEREST - Paragraphs 27 – 60.  REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE POLICY – interpretation or application of policy - Considers Planning Policy 22.17 – Environmentally Sustainable Development (ESD) and how 'best practice' in ESD should be reviewed.  ANALYSIS – exposition of how to asses an issue or matters to consider - Considers how to assess daylight modelling and presentation of daylight modelling information.  More...

Hotel Windsor Holdings Pty Ltd v Minister for Planning (Red Dot) [2016] VCAT 351
NATURE OF CASE - Application for extension of time to complete development.  LOCATION OF PASSAGE OF INTEREST - Part 3 – paragraph [49] onwards.  REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE.  LAW – issue of interpretation or application - Relevance and application of principles in Kantor v Murrindindi SC and other relevant criteria to a request for an extension of time to complete development, as opposed to starting development.  PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues.  Adequacy of standard 2 x 2 permit (with two years to start development and two years to complete) for a major central city development; desirability of permit having a reasonable construction timeframe to allow contractual certainty for builders and financiers.  APPLICATION – significant and interesting development - Public interest in decision about Windsor Hotel redevelopment.  More...

Hotel Windsor Holdings Pty Ltd v Minister for Planning (Red Dot) [2016] VCAT 403
NATURE OF CASE - Application for extension of time to complete development.  LOCATION OF PASSAGE OF INTEREST - Part 3 – paragraph [49] onwards.  REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or application.  Relevance and application of principles in Kantor v Murrindindi SC and other relevant criteria to a request for an extension of time to complete development, as opposed to starting development.  PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues -  Adequacy of standard 2 x 2 permit (with two years to start development and two years to complete) for a major central city development; desirability of permit having a reasonable construction timeframe to allow contractual certainty for builders and financiers.  APPLICATION – significant and interesting development - Public interest in decision about Windsor Hotel redevelopment.  More...

Rofo v Hume CC [2016] VCAT 404
Section 77 of the Planning and Environment Act 1987; Hume Planning Scheme; General Residential Zone; neighbourhood character; parking; vehicle access; amenity.  More...

Wang v Glen Eira CC [2016] VCAT 405
Section 77 Planning and Environment Act 1987; Glen Eira Planning Scheme; Neighbourhood Residential Zone; Special Building Overlay; Two dwellings; Minimal Change; Neighbourhood Character; Amenity.  More...

Petrovski v Banyule CC [2016] VCAT 409
Section 77 of the Planning and Environment Act 1987; Banyule Planning Scheme; Development of four double storey dwellings and vegetation removal; General Residential Zone; Vegetation Protection Overlay; State and Local Policy; Neighbourhood character; Car parking design; Off-site amenity impacts; Risk arising from large tree.  More...

Buche v Moreland CC [2016] VCAT 401
Section 82 of the Planning & Environment Act 1987; Moreland Planning Scheme; Medium density housing - Neighbourhood character (Clauses 22.01, 32.09 & 55).  More...

Fallon v Yarra Ranges SC [2016] VCAT 400
Section 77 of the Planning and Environment Act 1987; Yarra Ranges Planning Scheme; Green Wedge Zone Schedule 2; Bushfire Management Overlay; Erosion Management Overlay; Significant Landscape Overlay; Bushfire Attack Level; Permit Condition Requires BAL-40; Request to Amend to BAL-12.5 – 19 or 29; Adequacy of Defendable Space; Management of Adjacent Public Conservation Reserve; no permit.  More...

Owners Corporation PS No. 1 PS 519798G v May [2016] VCAT 399
Domestic building – application under s75 Victorian Civil and Administrative Act 1998 – relevant principles – sections 129 and 134 of the Building Act 1993 – amendment to Points of Claim after expiry of limitation period – application refused.  More...

Matash Services Pty Ltd v Yarra Ranges SC [2016] VCAT 397
It is proposed to construct two double-storey dwellings to the rear of the existing dwelling on the subject land. Application under section 77 Planning and Environment Act 1987 to review the refusal of the Responsible Authority to grant a permit. General Residential Zone (Schedule 1).  More...

Parker v Moreland CC [2016] VCAT 396
Application for costs – section 109 Victorian Civil and Administrative Tribunal Act 1998 – application to cancel or amend permit under section 89 Planning and Environment Act 1987 – application refused – applicant without standing to make claim – nature and complexity of proceeding – no tenable basis for claim – whether it is fair to make an award of costs.  More...

Casley v Frankston CC [2016] VCAT 394
Section 77 of the Planning & Environment Act 1987; Frankston Planning Scheme; General Residential Zone; Boarding house; Location; Amenity impacts; Internal layout.  More...

Ikonomidis Reid v Banyule CC [2016] VCAT 387
Section 77 of the Planning and Environment Act 1987; Banyule Planning Scheme; General Residential Zone; neighbourhood character; space for tree planting; building scale; building height; overlooking; adequacy of private open space; basement car parking; fencing.  More...

Koag v Monash CC [2016] VCAT 386
Section 77 of the Planning and Environment Act 1987; Monash Planning Scheme; Hughesdale Neighbourhood Activity Centre Partial demolition and three storey redevelopment of existing commercial/residential building to contain a shop and three apartment residences; Commercial 1 Zone adjacent Neighbourhood Residential Zone, Schedule 1 under Heritage Overlay; Scale of development. Inter-zone impacts, and potential impacts on adjacent Heritage Overlay residential area; no permit.  More...

Hamcourt Pty Ltd v Glen Eira CC [2016] VCAT 385
Section 80 of the Planning and Environment Act 1987, Glen Eira planning scheme, Conditions review, Visual bulk, Two storey form, Minimal Change Area Policy, Visual impact of two storey built form.  More...

Durable Design v Maribyrnong CC [2016] VCAT 384
Section 77 of the Planning and Environment Act 1987, Maribyrnong Planning Scheme, Construction of three storey building, Activity Centre Zone, Three level building, Internal amenity, Long continuous form; np permit.  More...

Cadox Building Design Pty Ltd v Whitehorse CC [2016] VCAT 383
Section 77 of the Planning & Environment Act 1987; Whitehorse Planning Scheme; General Residential Zone 1; Visual Bulk; Neighbourhood Character; Landscaping, Site Coverage; Walls on Boundary; Private Open Space; Density; no permit.  More...

Marra v Frankston CC [2016] VCAT 382
Section 77 of the Planning and Environment Act 1987, Frankston Planning Scheme; General Residential Zone; Increased Housing Area, Design Response to Neighbourhood Character.  More...

Christie v Boroondara CC [2016] VCAT 381
Section 79 of the Planning and Environment Act 1987; Boroondara Planning Scheme; Neighbourhood Residential Zone; Transitional Provision Applies; Land subject to Inundation Overlay; Proposed Three Dwellings; Design Response to Neighbourhood Character and Amenity Impact on Adjoining Dwellings.  More...

Hyman v Glen Eira CC [2016] VCAT 377
Section 80 of the Planning and Environment Act 1987; Glen Eira Planning Scheme; three storey apartment building; certain planning permit conditions being appealed; some permit conditions deleted and others modified.  More...

Hains v Stonnington CC [2016] VCAT 380
Section 80 of the Planning and Environment Act 1987, Stonnington Planning Scheme; Amendment to Permit Issued for Demolition, Buildings and Works on a Lot affected by a Heritage Overlay.  More...

Mercator Developments Pty Ltd v Monash CC [2016] VCAT 375
Section 77 of the Planning and Environment Act 1987; Monash Planning Scheme; General Residential Zone; two storey apartment building; visual bulk; amenity; overland flows.  More...

Acav Enterprises Pty Ltd v Bayside CC [2016] VCAT 374
Section 77 of the Planning & Environment Act 1987; Bayside Planning Scheme; Commercial 1 Zone; Design and Development Overlay- Schedule 12; Heritage Overlay; Activity Centres.  More...

Dev Raj of Stockwood Design v Greater Dandenong CC [2016] VCAT 372
Greater Dandenong Planning Scheme; Application under Section 77 of the Planning and Environment Act 1987 against refusal to grant a permit; Residential Growth Zone – Schedule 1 (RGZ1); Five double storey dwellings; Neighbourhood character; Internal amenity; Landscaping adequacy; no permit.  More...

429 Swan Street Pty Ltd v Yarra CC [2016] VCAT 370
Section 80 of the Planning and Environment Act 1987; Yarra Planning Scheme; Commercial 1 Zone; Design and Development Overlay; Swan Street Major Activity Centre; Swan Street Structure Plan; Appeal against conditions relating to height of street wall of six storey building.  More...

Brat Investments Pty Ltd v Melbourne CC [2016] VCAT 369
Melbourne Planning Scheme, Section 77 Planning and Environment Act 1987, Commercial 1 Zone, DDO17, DDO19, Heritage Overlay, HO6, Car parking, Impact on heritage significance, visual bulk, heritage streetscape, visual impact, loss of daylight, side setback, equitable development, reduction in car parking requirements.  More...

Georgescu v Glen Eira CC [2016] VCAT 365
Section 77 Planning and Environment Act 1987, Glen Eira Planning Scheme, demolition in a Heritage Overlay area, replacement two storey dwellings.  More...

Hometec Industries Pty Ltd v Greater Dandenong CC [2016] VCAT 363
Section 77 Planning and Environment Act 1987, Dandenong Planning Scheme, Apartment Building, Residential Growth Area, Setbacks, off site impacts including bulk to adjoining neighbours.  More...

Galea v Macedon Ranges SC [2016] VCAT 357
S81(1) of the Planning and Environment Act 1987; Macedon Ranges Planning Scheme; Farming Zone; Fourth application to extend a permit to use and develop land for a dwelling; Whether material change in planning policy; Probability of grant of a new permit.  More...

Shahpoor v Bayside CC [2016] VCAT 356
Section 80 of the Planning and Environment Act 1987; Bayside Planning Scheme, General Residential Zone (GRZ4); Site Within Major Activity Centre; Proposed Two Three Storey Attached Dwellings; Permit Condition Requiring Retention of Two Trees.  More...

Ikonomidis Reid v Wyndham CC [2016] VCAT 352
Section 79 of the Planning and Environment Act 1987; Wyndham Planning Scheme; General Residential Zone (GRZ1); Proposed Seven Dwellings; Design Response to Neighbourhood Character and Planning Policy.  More...

Swan Hill RCC v Finch (No. 2) [2016] VCAT 349
Application under Section 121 of the Planning and Environment Act 1987 for amendment of an enforcement order. Recycling business.  More...

Isola Casa Pty Ltd v Moonee Valley CC [2016] VCAT 342
Application under Section 77 of the Planning & Environment Act 1987 to review a refusal to grant a permit; Moonee Valley Planning Scheme; Activity Centre Zone 1; Heritage Overlay HO89; four storey residential apartments; Moonee Ponds Activity Centre; urban design and heritage context; amenity; overlooking; traffic and pedestrian safety.  More...

Sanders v Mornington Peninsula SC [2016] VCAT 338
Section 77 of the Planning & Environment Act 1987. Mornington Peninsula Planning Scheme. General Residential Zone, Schedule 1. Design and Development Overlay. Vegetation Protection Overlay. Second dwelling. Neighbourhood character. Amenity impacts; no permit.  More...

Ashkar v Whitehorse CC [2016] VCAT 341
Section 77 of the Planning & Environment Act 1987; Whitehorse Planning Scheme; Neighbourhood Residential Zone 3; Visual Bulk; Neighbourhood Character; Landscaping, Vehicle Access, Height, Overlooking, Design Detail.  More...

Walton v Knox CC [2016] VCAT 340
Section 77 of the Planning and Environment Act 1987, Knox Planning Scheme, Residential Policy, Neighbourhood Character, Landscaping, Amendment C131, Street setback, Landscaping, Side and rear setbacks, Overlooking, Open Space, Traffic and carparking.  More...

Cunningham v Yarra CC [2016] VCAT 329
Yarra Planning Scheme, Section 82 Planning and Environment Act, 1987, Neighbourhood Residential Zone (Schedule 2), Environmental Significance Overlay (Schedule 1) neighbourhood character, vegetation protection, building bulk, views from nearby parkland, impact on landscape values.  More...

New South Wales

Todd Buncombe and Anor v Leichhardt Council [2016] NSWLEC 1093
DEVELOPMENT APPLICATION: alterations and additions, works to a cottage in a conservation area, heritage, view impacts from waterway, excavation, demolition or alterations, resident objections.   More...

Mercury Resources Pty Ltd v Parramatta City Council [2016] NSWLEC 1094
DEVELOPMENT APPLICATION: Mixed Use, height development standard, flooding, amenity, impacts to adjoining properties.   More...  

Dickson v Sydney City Council [2016] NSWLEC 1090
DEVELOPMENT APPLICATION: amended plans, whether plans are consistent with objectives of DCP, streetscape, laneway dwellings.   More...

Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 2) [2016] NSWLEC 16
JUDICIAL REVIEW: whether development application required a species impact statement – whether development proposal likely to significantly affect a threatened species and/or its habitat – applicable legal principles - species impact statement required – development consent set aside.   More...

Water NSW v Faulkner [2016] NSWLEC 17
OFFENCES – prosecution – unlawful transportation and deposition of waste in catchment area – defendant pleads not guilty – whether defendant deposited waste in catchment area – whether deposition of waste by defendant in catchment area only reasonable conclusion on established facts – not established that deposition of waste by defendant in catchment area only reasonable conclusion – finding that reasonable alternative conclusion open – defendant acquitted   PRACTICE AND PROCEDURE – jurisdiction – whether court has jurisdiction concerning offences under repealed regulation – whether court's jurisdiction lost by consequential amendment of Land and Environment Court Act 1979 – whether s 30(1) of Interpretation Act 1987 preserved court's jurisdiction – finding that court has jurisdiction   PRACTICE AND PROCEDURE – authority to prosecute – whether prosecutor has authority to prosecute offence under Protection of the Environment Operations Act 1997 – prosecutor has authority to prosecute offences involving "relevant non-scheduled activities" – whether activity subject of offence a "relevant non-scheduled activity" – finding   that activity was a "relevant non-scheduled activity" – finding that prosecutor has authority.   More...

Merrin Developments Pty Ltd v Pittwater Council [2016] NSWLEC 1080
DEVELIOPMENT APPLICATION: staged subdivision – what infrastructure should be provided for the Stage 1 and Stage 2 – whether a s94 contribution can be imposed on existing dwellings.   More...

Body Corporate for Quay Terraces Cts v Brisbane City Council [2016] QPEC 012
PLANNING & ENVIRONMENT – BODY CORPORATE AND COMMUNITY MANAGEMENT SCHEME – where body corporate instituted proceedings without a special resolution – where co-respondent/developer applied to strike out the appeal – where body corporate had attained an order of an adjudicator appointed pursuant to the Body Corporate Community Management Act which purported to require that it be taken that the body corporate was authorised to commence the proceeding pending an extraordinary general meeting called to consider a special resolution to ratify the proceeding – whether that order was within jurisdiction or should be given weight in the strike out application – whether as a matter of discretion the matter should be adjourned to await the outcome of the EGM.  More...

Queensland

Body Corporate for Quay Terraces Cts v Brisbane City Council [2016] QPEC 012
PLANNING & ENVIRONMENT – BODY CORPORATE AND COMMUNITY MANAGEMENT SCHEME – where body corporate instituted proceedings without a special resolution – where co-respondent/developer applied to strike out the appeal – where body corporate had attained an order of an adjudicator appointed pursuant to the Body Corporate Community Management Act which purported to require that it be taken that the body corporate was authorised to commence the proceeding pending an extraordinary general meeting called to consider a special resolution to ratify the proceeding – whether that order was within jurisdiction or should be given weight in the strike out application – whether as a matter of discretion the matter should be adjourned to await the outcome of the EGM.  More...

Mahoney & Ors v Chief Executive, Department of Transport and Main Roads [2016] QLC 18
General applications – valuation – before and after method – agreement by the parties
Acquisition of Land Act 1967 - Civil Proceedings Act 2011, s 48; Uniform Civil Procedure Rules, r 329.   More...

Legislation

Commonwealth

Renewable Energy (Electricity) Amendment (Percentages) Regulation 2016
This regulation amends the Renewable Energy (Electricity) Regulations 2001 to specify the LRET Renewable Power Percentage (RPP) for 2016 and to prescribe the SRES Small-scale Technology Percentage (STP) for 2016 ( Registered 11 March 2016).  More...

Northern Australia Infrastructure Facility Bill 2016
A Bill for an Act to establish the Northern Australia Infrastructure Facility
(Registered 18 Mar 2016; Introduced HR 17 Mar 2016).  More...

Northern Australia Infrastructure Facility (Consequential Amendments) Bill 2016
A Bill for an Act to deal with consequential matters arising from the enactment of the Northern Australia Infrastructure Facility Act 2016 (Registered 18 March 2016; Introduced HR 17 March 2016).  More...

Victoria

Acts

No. 7: Kardinia Park Stadium Act 2016
Assent: 1/03/2016 SG (No. 35) 1/3/2016 p. 1 Commencement: NYP Not yet in operation:  Ss 1-49 Commencement: 16/3/2016 (Whole).  More...

NSW

Proclamations commencing Acts
Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015 No 41 (2016-129) — published LW 16 March 2016
State Environmental Planning Policy (Major Development) Amendment (Greystanes Southern Employment Lands) 2016 (2016-130) — published LW 16 March 2016
State Environmental Planning Policy (State and Regional Development) Amendment (Maps) 2016 (2016-140) — published LW 18 March 2016
State Environmental Planning Policy Amendment (Correctional Facilities) 2016 (2016-139) — published LW 18 March 2016
Standard Instrument (Local Environmental Plans) Amendment Order 2016 (2016-126) — published LW 11 March 2016
State Environmental Planning Policy Amendment (Permissible Land Uses) 2016 (2016-127) — published LW 11 March 2016

Bills assented to
Transport Administration Amendment (Authority to Close Railway Lines) Act 2016 No 3 — Assented to 16 March 2016 See Transport Administration Amendment (Authority to Close Railway Lines) Bill 2016
For the full text of Bills, and details on the passage of Bills, see Bills.

Queensland

Bills

Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016
Introduced on 17/03/2016

Mineral Resources (Aurukun Bauxite Resource) Amendment Bill 2016
Introduced on 16/02/2016
Stage reached: Passed with amendment on 15/03/2016

Environmental Protection (Chain of Responsibility) Amendment Bill 2016
Introduced on 15/03/2016

Stage reached: Referred to Committee on 15/03/2016

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Gerard Timbs
 
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