Australia: Planning & Environment - What's News - 27 April 2016

In the media – National

Without a zero carbon policy plan, uncertainty and risk will plague energy users, communities and the power sector
Unless we tackle the obstacles to clean energy growth and put in place a plan for net zero emissions, Australia risks another slump in clean energy investment, and energy users, communities and the power system, will experience severe shocks, warns The Climate Institute's latest report (15 April 2016).  More...

New board members appointed to the Australian Renewable Energy Agency
The Government is pleased to announce the appointment of six new members to the board of the ARENA. The new board will in collaboration with the CEFC, jointly manage the $1 billion Clean Energy Innovation Fund to support emerging technologies make the leap from demonstration to commercial deployment (13 April 2016).  More...

Turnbull Government funding drives virtual battery storage trial in WA
The Turnbull Government is providing $3.3 million funding to support the $6.7 million Alkimos Beach residential storage trial which combines community-scale battery energy storage and solar, and could save participants 15 per cent or more on their electricity bills (13 April 2016).   More...   More...

Researchers and industry to work together on new renewable energy projects
The Turnbull Government is providing $17 million funding for nine new R&D projects set to deliver renewable energy technologies and solutions suited to the 21st century (13 April 2016).   More...

Infrastructure gets more sustainable and the institutions are interested
Institutional investors are eyeing the new GRESB Infrastructure Assessment and its potential to reduce risk and perhaps even improve financial value for infrastructure assets (12 April 2016).  More...

Solar PV installer sentenced for fraud
Mr Neville Voss (former Director of a Queensland solar retail business) was sentenced for one count of fraud under the Commonwealth Criminal Code Act for the production of false and misleading documents relating to the Small-scale Renewable Energy Scheme under the Renewable Energy Target (11 April 2016).   More...

CEFC finances Australian company commercialising innovative CSIRO research
The Clean Energy Finance Corporation is providing $8 million finance to an innovative Australian company which is successfully commercialising CSIRO research to help drive renewable energy in Australia and overseas (11 April 2016).   More...

The time for bipartisan climate policy has arrived
A long-term bipartisan climate policy is ready to emerge from the ashes of Australia's decade-long "policy bonfire", according to a new report from the Grattan Institute. Under current policy settings it was unlikely the government would meet its climate goals beyond 2020, the report said (11 April 2016).   More...

Malcolm Turnbull's radical plan to pay for fast train
A fast train network linking Australia's east coast capitals and regional centres could be one step closer with Malcolm Turnbull set to announce a radical new funding plan that could see plans for a high speed rail network for Australia's east coast finally start to speed up (11 April 2016).  More...

Moveable solar power shifts closer to commercial reality
Laing O'Rourke's moveable solar-diesel power plant with advanced control systems has been successfully piloted and will be commercialised through the newly formed SunSHIFT Pty Ltd (08 April 2016).  More...

People-focused urban planning is key to sustainable future
People-focused urban planning is key to sustainable future, Pritzker Prize winning architect Alejandro Aravena says at UN (06 April 2016).   More...

Emissions intensity benchmark guidelines
On 6 April 2016 the Government released draft guidelines on the process for setting emissions intensity benchmarks for facilities that are either new or significantly expanded after 2020 (06 April 2016).   More...

Safeguard mechanism will support emissions reduction
From 1 July 2016, the ERF's safeguard mechanism will commence to ensure emissions reductions contracted through the Emissions Reduction Fund are not offset by significant increases in emissions above business-as-usual levels elsewhere in the economy (06 April 2016).  More...

Urban Taskforce of Australia: A Broad Land Tax should replace Stamp Duty
Recent discussion in the media has advocated for the end of stamp duty, to be replaced with an ongoing annual land tax, and this move has gained widespread support from business groups, social service advocates and the development industry (05 April 2016).  More...

Stockland, GPT & AMP Capital shopping centres in sunnier outlook
Shopping centres are increasingly going solar. Ambitions are growing from a nice-to-have unit on the roof to giant systems that can power almost a third of a centre. Key drivers are the falling price of solar systems and their rapidly improving business case (05 April 2016).   More...

Grattan Institute: Roads to riches: better transport spending
Australian governments have spent unprecedented sums on transport infrastructure in the past decade, and while important projects have been built, the overall investment has been poorly directed (03 April 2016).  More...

In the media – Victoria

EPA ruffles feathers of Central Coast chicken abattoir over environmental breaches
A Central Coast chicken abattoir, fined thousands of dollars for environmental breaches, has described its first 12 months of local operation as "the most troublesome" in its 30-year history (14 April 2016).  More...

St.George Barangaroo branch shines bright with 6 Star Green Star rating
St.George's Barangaroo branch has become the first bank branch and the first retail fitout in Australia to achieve a 6 Star Green Star rating (14 April 2016).   More...

Victorian Government 'unable to stop' alcohol outlet opening in violence hotspot
The Victorian Government concedes there is nothing it can do to stop an alcohol warehouse outlet being built in a family violence hotspot in Melbourne's south east (14 April 2016).  More...

Victorian Government to fund Western Distributor toll road
The Victorian Government will fund the proposed Western Distributor toll road, after the Commonwealth refuses to contribute to the project (14 April 2016).  More...

Victorian government's on-going commitment towards state infrastructure
The Victorian government has unveiled plans in the 2015 state budget to commit $22 billion towards public infrastructure over the next four years. The legislative body is tasked to meeting Victoria's immediate and long-term infrastructure needs are identified and prioritised based on objective, transparent analysis and evidence, in conjunction with initiatives such as Plan Melbourne Refresh (13 April 2016).  More...

Dismissal of Greater Geelong City Council
Minister for Local Government Natalie Hutchins today introduced a bill which will dismiss the Greater Geelong City Council following a three month investigation into the council's governance, administration and culture (12 April 2016).   More...  More...

Expressions of Interest open for Western Highway project
Expressions of Interest have been called for to duplicate the Western Highway from Buangor to Ararat, as work continues on the $662.3 million upgrade between Ballarat and Stawell. The Western Highway is one of Victoria's significant interstate freight routes (12 April 2016).   More...

Monash upgrade the centrepiece of Turnbull Govt VIC infrastructure Pac
The Turnbull Government has committed to an additional $1.5 billion to get on with essential infrastructure to support Victoria's regions and ensure Melbourne retains its mantle as one of the most liveable cities in the world (11 April 2016).   More...

Vital Upgrades to Ensure Safer, More Secure City Loop
The $11 billion dollar Melbourne Metro Rail Project will unlock the congestion in the heart of the network by building a new cross-city tunnel, with new CBD stations connected directly to the city loop, with better trespasser detection and fire prevention systems to be installed in the four underground tunnels and three underground stations (11 April 2016).  More...

Monash Freeway, M80 upgrades winners under $1.5 billion reallocation
The Federal Government will contribute $500 million to an upgrade of the Monash Freeway, using funds earmarked for the East West link. Prime Minister Malcolm Turnbull will today announce a list of projects that will receive federal funding from a $1.5 billion fund (08 April 2016).  More...

Victoria's Water Grid to be Expanded across Loddon Shire
After negotiations, Mr Wynne has told the developer he will accept a project 21.6 metres shorter in height than first proposed to reduce overshadowing over the Yarra River. The developer will now submit amended plans before a planning permit is granted (07 April 2016).  More...

New Sorrento seawall another step closer
The newly proposed Sorrento seawall is another step closer with the Department of Environment, Land, Water and Planning (DELWP) putting a finalised design out to tender (05 April 2016).  More...

Agreement Reached For Landmark Collins Street Site
After negotiations, Mr Wynne has told the developer he will accept a project 21.6 metres shorter in height than first proposed to reduce overshadowing over the Yarra River. The developer will now submit amended plans before a planning permit is granted (05 April 2016).  More...

PM gives Victoria spending list for shelved East West Link funds
The Prime Minister gives Victoria a list of road and rail projects to be paid for with $1.5 billion earmarked for Melbourne's dumped East West Link, demanding a "dollar for dollar" contribution from the State Government.  More...  More...

Victorian houses need better energy standards, and a scorecard might help
Victoria could be one step closer to mandatory residential energy efficiency ratings, after extremely poor results were returned from a trial of a Residential Efficiency Scorecard designed for Victorian homes (05 April 2016).   More...

In the media – New South Wales

Sydney Metro opens for tender
Sydney Metro has started the tender process to build the new twin metro railway tunnels under Sydney Harbour and through the CBD for stage two of the project (13 April 2016).  More...

EPA Regulatory Action on Truegain Pty Limited: Update
The suspension commenced on 1 April 2016 after the EPA received advice that the facility had been temporarily shut down by the operator due to the disconnection of natural gas supplies to the premises (15 April 2016).  More...

EPA fines Parchem Construction Supplies Pty Ltd after Acetone and Xylene spill
The NSW Environment Protection Authority (EPA) has issued a $15,000 fine to Parchem Construction Supplies Pty Ltd after a chemical spill at the company's premises in Wyong (15 April 2016).  More...

Rebuilding Sydney's stadiums
The transformation of ANZ Stadium into a world-class rectangular venue will be fast-tracked, NSW Premier Mike Baird and Sports Minister Stuart Ayres announced today (14 April 2016).   More...

Department fines Leda Manorstead for non compliance
The Department of Planning and Environment has fined Leda Manorstead for a second time, for failing to install fencing around environmentally sensitive areas as required by its conditions of approval (14 April 2016).  More...

Demolition company fined $3,000 for failing to use mandatory WasteLocate tracking system for asbestos waste
Demolition company Perfect Demo Pty Ltd has become the first business to be fined by the NSW EPA for failing to register waste loads on the mandatory waste tracking system (14 April 2016).  More...

EPA issues two penalty notices to Chemprod Nominees Pty Ltd following sulphuric acid leak
The NSW Environment Protection Authority (EPA) has issued a total of $8,000 in fines to Chemprod Nominees Pty Ltd for a sulphuric acid leak from a truck at Rix's Creek  (14 April 2016).  More...

High Speed Rail: We're digging a new Sydney Metro harbour crossing now
The Baird Government's ambitious Sydney Metro rapid transit project to use tube-style trains across the city has inched closer to arriving at an official total price tag after tenders were called to finally dig two new train tunnels under Sydney harbour (13 April 2016).  More...

Baird kicks open door to rate rises with fresh IPART inquiry
NSW Premier Mike Baird has opened the door for potential rate increases, especially for buyers of apartments and multi-unit dwellings, aftert asking regulator the Independent Pricing and Regulatory Tribunal (IPART) with a wholesale review of the local government rating system (13 April 2016).   More...

EPA fines Supreme Poultry and Chickens Pty Ltd $30,000
The NSW Environment Protection Authority (EPA) has issued two $15,000 penalty notices and six Official Cautions to Supreme Poultry and Chickens Pty Ltd for two breaches of the EPA Act (12 April 2016).  More...

EPA issues penalty notice and official caution to Cheminova
The NSW Environment Protection Authority (EPA) has issued a $15,000 penalty notice and an official caution to Cheminova Australia for breaching the conditions of its s Environment Protection Licence (12 April 2016).  More...

In the media – Queensland

Waste research to help inform discussions on Container Deposit Scheme
The Queensland Government is conducting research to find out how much recyclable material is still finding its way into the State's neighbourhood garbage collections (16 April 2016).   More...

$5 million investment for James Cook University to unlock jobs for Townsville
The Palaszczuk Government today announced a $5 million investment for a vibrant, new public space at James Cook University (JCU), which will help unlock an adjacent master planned development and hundreds of future job opportunities for Townsville (13 April 2016).   More...

Stabilisation work begins on the Kuranda Scenic Rail line
A $12.6 million project to ensure the stability of the Kuranda Scenic Railway line kicked off today with crews beginning environmental and ecological assessments ahead of the complex stabilisation works (13 April 2016).  More...

Queensland Government commits $150,000 to keep citizen eyes on the Reef
The Queensland government has committed $150,000 to a citizen science project so all Queenslanders can help scientists monitor Great Barrier Reef bleaching (09 April 2016).  More...

Special report: Significance of the Queensland Sustainable Ports legislation
The Sustainable Ports Development Act 2015 is a significant new piece of legislation set to have a major impact on the efficient and sustainable operation of ports in the Great Barrier Reef World Heritage Area (GBRWHA) and the exportation of Queensland's coal (07 April 2016).  More...

Palaszczuk Government will establish new authority to deliver Cross River Rail
The Palaszczuk Government has announced plans to establish an authority to deliver Cross River Rail, the number one priority infrastructure project for Queensland (07 April 2016).  More...

PCA: Progress on Cross River Rail welcomed
The Government's announcement of the project alignment, a delivery authority, and their commitment to undertake the necessary planning work to seek Federal funding by mid-year is an important step in realising this key project (07 April 2016).  More...

$1 billion hotel to boost tourism economy and support 2,700 jobs for Gold Coast
Construction has now started on a $1 billion hotel development on the Gold Coast, which will provide a significant boost to the city's high-end tourism market (06 April 2016).   More...

Hope Vale land handover creates new opportunities for Traditional Owners
The Palaszczuk Government today transferred several properties in the south-eastern area of Cape York Peninsula covering 54,500 hectares to their Aboriginal Traditional Owners: The Balnggarr, Binthi, Nhirrbanh, Wundal and Wunuurr peoples (04 April 2016).   More...

Construction on track in race to 2018 Commonwealth Games
With two years to go until the Gold Coast 2018 Commonwealth Games, the $320 million construction program for competition venues is on track and on budget, with all new and upgraded facilities set to be delivered within the next 12 months (04 April 2016).  More...

Planning court rejects Gold Coast mosque plans
The group that wanted to build mosque in the Gold Coast suburb of Currumbin says it will consider its options now the plan has been rejected (03 April 2016).   More...

Masterplan unveiled for Gold Coast Health and Knowledge Precinct
In releasing the Precinct's master plan Ms Trad said the Gold Coast Health and Knowledge Precinct would be the largest urban renewal project ever undertaken on the Gold Coast. Following GC2018, more than 200,000 m2 of gross floor area within the GCHKP would be made available for public and private development over the next 20 years (03 April 2016).  More...

In practice and courts - National

Consultation: GRESB Infrastructure Assessment
The GRESB Infrastructure Assessment, which offers a new global benchmark for the environmental, social and governance performance of infrastructure assets. About 40 asset owners, fund managers and other industry participants turned out to learn about the new assessment and to ask whether improved ESG performance will result in improved financial value. The submission deadline is 1 July 2016: Results will be published in October 2016.

Emissions intensity benchmark guidelines: Public consultation
On 6 April 2016 the Government released draft guidelines on the process for setting emissions intensity benchmarks for facilities that are either new or significantly expanded after 2020.
Submissions on the draft guidelines are open until 6 May 2016 (06 April 2016).  More...

AER: draft Sustainable Payment Plans Framework for public consultation
On 11 March 2016 the AER published its draft Sustainable Payment Plans Framework (Framework) for public consultation. Submissions on the draft Framework closed on 13 April 2016.  More...

CER: Date set for the third Emissions Reduction Fund auction
The Clean Energy Regulator will hold the third Emissions Reduction Fund auction for carbon abatement contracts on 27 and 28 April 2016. Auction guidelines detailing the process are now available.   More...

A Switch in Time report
The Climate Institute: released 15 April 2016
A policy package that actively supports both clean energy investment and the orderly replacement of our aging coal-fired power stations can better manage a timely transition to a cleaner electricity supply, according to the report.  More...

CER small-scale code newsletter
The March issue of cracking the small-scale code is now available. This monthly media resource provides a snapshot of the small-scale renewable energy system installations under the Renewable Energy Target's Small-scale Renewable Energy Scheme, including trends and developments in each state and territory (07 April 2016).

Roads to riches: better transport spending
Grattan Institute: released 03 April 2016
Our big cities are the engines of Australia's economic growth, but investment has not prioritised vital urban freight and passenger routes.  More...

Climate phoenix: a sustainable Australian climate policy
Grattan Institute: 10 April 2016; Tony Wood, David Blowers
After a decade of toxic political debates and a policy bonfire, there is an opportunity to forge a stable and compelling policy on climate change that could be supported by both sides of politics.  More...

Announcements, Draft Policies and Plans released 2016

Register loose fill asbestos properties
Property owners whose homes have been affected by loose-fill asbestos insulation have until August to register with the Fair Trading Loose-Fill Asbestos Insulation (LFAI) taskforce (13 April 2016).   More...

In practice and courts – Victoria

VIC: Changes to VCAT application forms
VCAT is releasing updated planning and environment application forms on 4 April 2016. Permit applicants applying for review will no longer have to provide a list of people who lodged objections - they just have to advise VCAT whether notice was given under section 52 of the Planning and Environment Act 1987.   More...

VIC: Planning Scheme amendments online is about to change
Planning Scheme Amendments Online will be phased out over the coming months; a modern replacement to the service is now available on Planning Schemes Online.

VIC: Macedon Ranges Protection Advisory Committee Issues Paper
The Committee has released an Issues Paper for comment. Submissions on the Issues Paper close on 15 April 2016.

VIC: 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...

In practice and courts – New South Wales

Announcements, Draft Policies and Plans released 2016

NSW consultation: proposed changes to planning controls for outdoor shooting ranges
Proposed improvements to planning controls for existing NSW outdoor shooting ranges will be on exhibition until 18 April 2016. To view the proposed changes to the policy or make a submission, www.planning.nsw.gov.au/onexhibition.  More...

NSW EPA Round 4: food and organics waste collection systems grants now open
Round 4 of the Local Government Organics Collection Systems grants are now open for councils to apply for funding to reduce and recycle food waste in NSW.  More...  More...

In practice and courts – Queensland

QLD: Regional projects in spotlight at 2016 Major Projects Series
The department's regional offices are hosting a series of Regional Major Projects Forums throughout 2016 that focus on important issues and challenges in specific regions.   More...

QLD: Building our Regions - Round 1 and 2 highlights
The state government is bringing forward the release of $70 million under the Building our Regions program for critical infrastructure projects to stimulate economic growth in regional Queensland.
Applications for Round 2 of the program will now open on Monday 4 April 2016. Local councils are encouraged to start thinking about eligible projects (April 2016).

QLD: The Queensland Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016
The Queensland Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016 is currently under inquiry by a parliamentary committee. Public submissions are due on 25 April 2016.  More...

Cases – Victoria

Adnow Pty Ltd (as Trustee for the Adnow Pension Fund) v Greenwells Wollert Pty Ltd [2016] VSC 153
CONTRACT — Expert determination — Valuation of land — Assumptions — Planning Scheme — Ministerial approval — Application of Valuation and Property Standards — Whether determination was a 'valuation' — Determination made pursuant to contract.  More...

Williams v Ausnet Electricity Services Pty Ltd & Ors (Ruling No 2) [2016] VSC 145
EVIDENCE – View proposed in advance of trial – Decay of subject tree – Likely failure of subject tree imminent – Discretion to conduct view – Forensic disadvantage to party who have not yet engaged an expert – Preservation order - Evidence Act 2008 ss 53(1), 53(3).  More...

Filardo v Nillumbik SC [2016] VCAT 565
Pursuant to section 124 of the Victorian Civil and Administrative Tribunal Act 1998, I declare that the fence constructed by the applicant Frank Filardo along the northern boundary of the subject land is exempt from the requirement for a planning permit under the Nillumbik Planning Scheme. In particular, the fence is exempt from the requirement for a permit that would otherwise apply under the Environmental Significance Overlay (Schedules 1 and 4) and the Land Subject to Inundation Overlay ('LSIO') that apply to part of the land, on the basis that it is a fence "of post and wire construction or other open 'rural type' fencing", and/or "post and wire fencing". The application for a planning permit for the fence was therefore unnecessary.  Pursuant to section 75 of the Victorian Civil and Administrative Tribunal Act 1998, the proceeding is therefore struck out as unnecessary, misconceived and/or for want of jurisdiction.  More...

Khart v Kingston CC [2016] VCAT 570
Section 79 of the Planning and Environment Act 1987; Kingston Planning Scheme; General Residential Zone; Multi dwellings; Apartment Style; Neighbourhood character; Amenity.  More...

Riddington v Glen Eira CC [2016] VCAT 567
Section 77 of the Planning and Environment Act 1987; Glen Eira Planning Scheme; Neighbourhood Residential Zone (Schedule 1), minimal change area; overdevelopment; neighbourhood character and streetscape response; setbacks; private open space; solar orientation; car parking.  More...

Galea v Port Phillip CC [2016] VCAT 563
Section 80 of the Planning and Environment Act 1987; Port Phillip Planning Scheme; Partial demolition and addition to residential building; General Residential Zone; Heritage Overlay; State and Local Policy; Impact on heritage significance; Off-site amenity impacts.  More...

Curzon Property Investments v Port Phillip CC [2016] VCAT 561
Port Phillip Planning Scheme, Section 79 Planning and Environment Act 1987, General Residential Zone, heritage overlay, reduction of car parking requirement to zero, neighbourhood character, building bulk, overlooking, heritage streetscape, internal amenity; no permit.  More...

A & L Harford Investments Pty Ltd v Mansfield SC [2016] VCAT 557
Section 77 of the Planning & Environment Act 1987; Mansfield Planning Scheme; Boat Storage; Commercial 1 Zone; community needs for commercial services; vibrancy of commercial development and design response to the public realm; no permit.  More...

White v Wellington SC [2016] VCAT 564
Application under section 82 of the Planning and Environment Act 1987 to review a decision to grant a permit. Animal Keeping (Breeding & Boarding Dogs), Use in zone. Noise  More...

Hopley Recycling Pty Ltd v Greater Bendigo CC [2016] VCAT 560
Pursuant to section 109 of the Victorian Civil and Administrative Act 1998, the applicants (Hopley Recycling Pty Ltd and Kenneth Hopley) must jointly and severally pay the costs of the responsible authority (Greater Bendigo City Council) in this proceeding, such costs being fixed at $38,000 and payable by 1 June 2016.  More...

Bell v Ballarat CC [2016] VCAT 559
Section 82 of the Planning & Environment Act 1987; Ballarat Planning Scheme; General Residential Zone Schedule 1; Development of a second dwelling and subdivision of land into two lots; Planning Policy; Neighbourhood Character; Parking; Walls on Boundary; Noise.  More...

Kydd v Port Phillip CC [2016] VCAT 555
Section 82 of the Planning & Environment Act 1987; Port Phillip Planning Scheme; First floor addition to garage: Off-site amenity impact (visual bulk).  More...

Johnston v Kingston CC [2016] VCAT 550
Section 82 of the Planning & Environment Act 1987; Kingston Planning Scheme; General Residential Zone; Design & Development Overlay; Two dwellings; Policy; Increased housing diversity area; Character; Visual bulk; Overshadowing.  More...

Hotel Windsor Holdings Pty Ltd v Minister for Planning (Red Dot) [2016] VCAT 581
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...

Nillumbik SC v Di Paolo [2016] VCAT 558
Enforcement Order Application under Section 114 of the Planning and Environment Act 1987; Nillumbik Planning Scheme; Rural Conservation Zone; Application Allowed; Application for the Reimbursement of Filing Fee under Section 115B of the Victorian Civil and Administrative Tribunal Act 1998.  More...

Zhao v Whitehorse CC [2016] VCAT 554
Medium density housing; General Residential Zone; Natural Change Area; neighbourhood character, amenity impacts; safety and convenience of visitor parking space.  More...

Riskas v Moreland CC [2016] VCAT 553
Existing light industrial use; extension of hours of operation; impact on amenity of nearby dwellings.  More...

Crema v Stonnington CC [2016] VCAT 552
Section 77 of the Planning and Environment Act 1987; Stonington Planning Scheme; Commercial 1 Zone; Site proposed for inclusion in Chapel Street Activity Centre (Amendment C187); Buildings and works to extend an existing top-level dwelling with a second level onto the roof of an existing roof of seven-storey commercial/residential development; Past planning history with Council and Tribunal; Scale; Building height; Visibility; Neighbourhood character.  More...

Dinh v Glen Eira CC [2016] VCAT 548
S80 Planning and Environment Act 1987; Glen Eira Planning Scheme; amendment to permit; question of law; continuing effect of conditions on permits allowing development following completion and subdivision.  More...

Nunn v Monash CC [2016] VCAT 541
Section 79 of the Planning and Environment Act 1987; Monash Planning Scheme; General Residential Zone Schedule 2; Adjacent Road Zone Category 1; Residential Character Type C; Vegetation Protection Overlay (VPO2); Residential Character Type C; Two side-by-side dwellings on a sloping residential lot. Neighbourhood character; overlooking; Overshadowing; Car Parking design and access.  More...

Bacash v Whittlesea CC [2016] VCAT 549
Whittlesea Planning Scheme; General Residential Zone Schedule 1; Neighbourhood character; Housing Diversity Strategy; Landscaping; Parking; Design detail; Traffic safety; Overdevelopment.  More...

Paul v Port Phillip CC [2016] VCAT 547
Port Phillip Planning Scheme; General Residential Zone Schedule 1; Heritage Overlay HO143; Additions to a dwelling; Height and length of boundary wall; First floor studio over a garage; Neighbourhood character; Amenity impacts; Visual bulk; Overshadowing; Secluded open space.  More...

Kai Mou Pty Ltd v Glen Eira CC [2016] VCAT 538
The existing buildings on the site are to be demolished and an eight storey building is proposed.  Application under Section 79 of the Planning and Environment Act 1987; Clause 34.01-4: A permit is required to construct a building or construct or carry out works.  More...

Incoterm Pty Ltd v Monash CC [2016] VCAT 532
Section 79 of the Planning & Environment Act 1987; Monash Planning Scheme; General Residential Zone; 14 apartments in a 3-storey building; Policy; Character; Street setbacks.  More...

Dobbie v Port Phillip CC [2016] VCAT 545
Section 82 Planning and Environment Act 1987; Port Phillip Planning Scheme; General Residential Zone; Heritage Overlay; Extension to dwelling; Heritage; Amenity.  More...

Leikin v Yarra Ranges CC [2016] VCAT 542
Section 77 Planning and Environment Act 1987; Yarra Ranges Planning Scheme; Commercial 1 Zone; Shop; Car parking.  More...

Gembrook Pines Pty Ltd v Glen Eira CC [2016] VCAT 537 (6 April 2016)
Proposed amendments make significant changes to the architectural form of the four storey apartment building approved under the 2010 permit. Application under Section 80 of the Planning and Environment Act 1987 Part Mixed Use Zone and part General Residential Zone Schedule 1.

1347 Main Road Pty Ltd v Nillumbik SC [2016] VCAT 530
Section 77 of the Planning and Environment Act 1987; Nillumbik Planning Scheme; General Residential Zone; Multi dwellings; Steep slope; Vegetation removal; Neighbourhood character; Repeat appeal.  More...

Gown v Mornington Peninsula SC [2016] VCAT 524
Section 82 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone Schedule 1 (GRZ1); Design and Development Overlay Schedule 2 (DDO2); Significant Landscape Overlay Schedule 2 (SLO2); Bushfire Management Overlay Schedule 1 (BMO1); Development of dwelling additions and alterations and associated works; Reasonable view sharing.  More...

Ceniti v Darebin CC [2016] VCAT 546
Application under Section 77 of the Planning and Environment Act 1987 (the Act) to review a decision to refuse to grant a permit. General Residential Zone Schedule 2. Clause 55 Two or more dwellings on a lot. Double Storey Dwellings. Neighbourhood Character, Landscaping, Form, Scale, Massing and Design Siting and Side and Rear Setbacks, Solar Access to Open Space, Private Open Space provision.  More...

Henderson v Whitehorse CC [2016] VCAT 543
Section 77 of the Planning & Environment Act 1987; Whitehorse Planning Scheme; Neighbourhood Residential Zone 1; Significant Landscape Overlay Schedule 2; Building bulk and massing; Landscaping Opportunities; Neighbourhood Character.  More...

Brady Jones Pty Ltd v Melbourne CC [2016] VCAT 525
Section 77 Planning and Environment Act 1987, Melbourne Planning Scheme, Capital City Zone –Schedule 1, Clause 22.01, building setback, separation between towers, urban design, presentation to street, integration with streetscape, interface to adjoining heritage building, amenity impacts to adjoining residential building, daylight, overshadowing, performance based measures, pre Amendment C262 provisions; no permit.  More...

Peterson v Moonee Valley CC [2016] VCAT 521
Section 82 of the Planning & Environment Act 1987; Moonee Valley Planning Scheme; General Residential Zone Schedule 1; Construction of a new dwelling; Neighbourhood Character; Impacts on Amenity; Impacts on Solar Panels; Waiver of Parking.  More...

Wang v Monash CC [2016] VCAT 520
Section 77 of the Planning & Environment Act 1987; Monash Planning Scheme; General Residential Zone Schedule 2; Vegetation Protection Overlay Schedule 1; Multi dwellings; Policy; Neighbourhood Character; Impacts on existing vegetation; Landscaping; Visual Bulk; Overlooking.  More...

Migliardi v Whitehorse CC [2016] VCAT 509
Section 77 of the Planning and Environment Act 1987; Whitehorse Planning Scheme; Neighbourhood Residential Zone; Significant Landscape Overlay; two lot subdivision; removal of easements; building envelopes; space for landscaping; Tree Protection Zone.  More...

Premier Developments v Yarra CC [2016] VCAT 508
Section 80 of the Planning and Environment Act 1987; Yarra Planning Scheme; Mixed Use Zone; Heritage Overlay; Addition; Heritage.  More...

Marot v Brimbank CC [2016] VCAT 519
Section 82 of the Planning and Environment Act 1987; Brimbank Planning Scheme; General Residential Zone; Three dwellings; Car parking; Neighbourhood character.  More...

Designorama Pty Ltd v Glen Eira CC [2016] VCAT 517
Section 77 of the Planning and Environment Act 1987, Glen Eira Planning Scheme, General Residential Zone Schedule 2, Three storey built form, Setbacks from rear boundaries and street frontage.  More...

Mistica v Melbourne CC [2016] VCAT 516
Application under S.79 of the Planning and Environment Act 1987 for review of the failure to grant a permit within the prescribed time. Application under Section 115B(1) of the Victorian Civil & Administrative Tribunal Act 1998 for reimbursement of the application fee, Melbourne Planning Scheme, Amenity considerations, Overshadowing, Visual bulk, Overdevelopment, Clause 55, Heritage Overlay HO 1168.  More...

Patrick Miceli Architecture and Interiors v Kingston CC [2016] VCAT 515
Section 77 of the Planning and Environment Act 1987. Kingston Planning Scheme. Activity Centre Zone, Schedule 1. Mixed use development. Four storey building. Car parking. Internal amenity. Loading.  More...

DBW Developments Pty Ltd v Glen Eira CC [2016] VCAT 527
This is an application to review conditions placed on a permit issued by the Responsible Authority for the construction of a four storey building at 10-12 Bent Street, Bentleigh.  More...

Farag v Greater Dandenong CC [2016] VCAT 522
Greater Dandenong Planning Scheme; Residential Growth Zone; Abuts a main road; Six, three storey attached dwellings; Massing; Visual bulk; Neighbourhood character; Landscaping; Internal amenity.  More...

Constantinou v Glen Eira CC [2016] VCAT 514
Section 77 of the Planning & Environment Act 1987; Glen Eira Planning Scheme; Neighbourhood Residential Zone; Two dwellings; Built form; Amenity; Landscaping; Impact on tree on adjoining lot.  More...

Antoine v Monash CC [2016] VCAT 507
Application under section 82 of the Planning and Environment Act 1987 General Residential Zone, Schedule 2. Pursuant to Clause 32.08 for two or more dwellings on an allotment.  More...

Archsign Pty Ltd v Moreland CC [2016] VCAT 503
Moreland Planning Scheme; Application under Section 77 of the Planning and Environment Act 1987 against refusal to grant a permit; General Residential Zone (GRZ1); Development Contributions Plan Overlay (DCPO1); Four 2-storey dwellings; Number of cross-overs; Streetscape character; Design detail.  More...

Stojanovski v Wyndham CC [2016] VCAT 500
Section 82 of the Planning & Environment Act 1987; Wyndham Planning Scheme; Medium density development: Locational attributes; Neighbourhood Character.  More...

Statkus Architecture v Darebin CC [2016] VCAT 502
Darebin Planning Scheme; Application under Section 80 of the Planning and Environment Act 1987 to review conditions in a permit; Neighbourhood Residential Zone – Schedule 1 (NRZ1); Heritage Overlay Clause 54; Neighbourhood character; Off-site amenity impacts; Vehicle access and carparking.  More...

Cases – New South Wales

Starby Pty Limited v The Hills Shire Council [2016] NSWLEC 1140
DEVELOPMENT APPLICATION: erection of a residential flat building – whether breach of height standard can be supported – impact on adjoining residential development – streetscape – landscaping – building design – zone objectives – strategic impact on shopping centre – internal amenity issues – car parking and access.   More...

Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2016] NSWLEC 39
Compulsory acquisition of land – claim for compensation – interests in land acquired – whether applicant had interest in land divested by acquisition notice – landowner leased land to trustee – whether lease part of trust property – whether applicant as potential beneficiary of trust had equitable interest in lease – applicant permitted to occupy the land – permission personal not proprietary – whether permission a legal interest in the land – whether permission a right, power or privilege over or in connection with the land – not established that applicant had an interest in the land.   More...

Cases – Queensland

Hammercall Pty Ltd v Minister for Transport & Main Roads & Ors [2016] QCA 095
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the appellant contended that the Minister did not have the statutory power to acquire its land and "land lock" it - where the appellant failed to establish that the Minister was not adequately informed of the effect on vehicle access to its business by the compulsory acquisition – where the appellant failed to adduce evidence that the acquisition was for a purpose other than transport and road purposes – where the broad statutory power granted to the Minister under s 24(1), s 24(3) and s 25 Transport Planning and Coordination Act 1994 clearly and unequivocally modify common law powers – whether the Minister can compulsorily acquire land that will, as a result of the acquisition, become "land locked".  ADMINISTRATIVE LAW – PREROGATIVE WRITS AND ORDERS – CERTIORARI – GROUNDS FOR CERTIORARI TO QUASH – EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR – where the appellant contended the Minister's decision was invalid as he failed to consider all materials attached to the application in accordance with s 9(5)(a) Transport Planning and Coordination Act – where the Minister's decision was attached to a briefing memorandum he was given along with a large body of material relating to the application to acquire the land – where the appellant did not establish that the Minister did not consider the material accompanying the briefing memorandum – whether there was a jurisdictional error on the face of the record.  REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – OTHER MATTERS – where the appellant contended its objections were not heard by a validly appointed hearing officer under s 25(8) and s 25(12) Transport Planning and Coordination Act – where under s 7(3)(e)(iii) Acquisition of Land Act 1967 objections may be heard by the constructing authority or its delegate – whether the hearing officer had delegated power to conduct the objection hearings
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – RIGHT TO BE HEARD – where the appellant contended it did not have the opportunity to comment on the briefing memorandum given to the Minister or another Departmental memorandum about the acquisition – where the memoranda did not include any substantially new content about which the appellant had not already been heard – whether the appellant was denied procedural fairness.  More...

Davan Developments Pty Ltd v HLB Mann Judd (SE Qld) Pty Ltd [2016] QCA 090
PROFESSIONS AND TRADES – ACCOUNTANTS AND AUDITORS – ACCOUNTANTS – DUTIES AND LIABILITIES – NEGLIGENCE – where the appellant company retained the services of the respondent to prepare and lodge the appellant's tax statements and returns – where the appellant acquired two adjoining lots in East Brisbane in 2005 with an intention to amalgamate and subdivide the property into three lots – where three investors of the appellant were the intended transferees of the subdivided lots – where the investors verbally agreed to contribute equally to development costs and held a right of first refusal over each lot – where in August and November 2007 the appellant sold two of the lots and, based on tax returns prepared by the respondent, the appellant paid GST on those sales – where the appellant claimed it was not liable to pay any tax on the transactions because the appellant held the land on trust and the respondent was aware or ought to have been aware of that arrangement – where the appellant alternatively claimed that the sales were not taxable supplies for GST purposes – whether the respondent was negligent in discharging its professional services.  More...

Bell v Brisbane City Council [2016] QPEC 018
Reviewed the reasons given at the conclusion of the proceeding and do not consider it either necessary or appropriate to add to what I said then, save for adding the words "namely whether genuine conflict arises."  More...

Mt Moss Mining Pty Ltd v Chief Executive, Department of Environment and Heritage Protection [2016] QLC 24
Current financial guarantee of $888,160 shall remain in place. Reserve the question of costs.
Practice and Procedure – Continuation of stay in proceedings – Environmental Protection Act 1994 s 535 – Application of relevant principles, practice and procedure – issue of the existence of previous stay.   More...

Salsabil Charitable Organisation Pty Ltd v Gold Coast City Council & Anors [2016] QPEC 017
PLANNING AND ENVIRONMENT – APPEAL –Development Application for Material Change of Use for a Place of Worship – Site located in established light industrial area.  CONFLICT – Conflict with planning scheme – Grounds – Whether strong planning need for the proposed development justifies approval notwithstanding conflict – weight to be given to new planning scheme introduced after development application lodged.  ISSUES FOR DETERMINATION – Planning need – Traffic and parking – Amenity.  More...

ASG Queensland (Indooroopilly) Pty Ltd v Brisbane City Council [2016] QPEC 016
PLANNING AND ENVIRONMENT – PERMISSIBLE CHANGE – submitter/appellants in previous appeal not notified – where court will carefully scrutinize the change – whether change likely to provoke an objection relating to car parking or otherwise.  More...

Legislation – National

Water Amendment Act 2015 (No. 133 of 2015)
The Water Amendment Act 2015 (the Act) will amend the Water Act 2007 to impose a statutory limit of 1500 gigalitres on Commonwealth purchases of surface water across the Murray-Darling Basin.
The Act will also amend the Murray-Darling Basin Plan 2012 (the Basin Plan) to provide increased flexibility in the recovery of 450 gigalitres of water through efficiency measures funded under the Water for the Environment Special Account.  On 2 June 2014, in the Water Recovery Strategy for the Murray Darling Basin (Water Recovery Strategy), the Commonwealth outlined its strategy for the recovery of water necessary to bridge the gap to the Sustainable Diversion Limits (SDLs) in the Basin Plan.  Commencement - 13/4/2016 - Schedule 1 - A single day to be fixed by Proclamation: s 2.

Legislation – Victoria

Acts Assented to

No. 11: Aboriginal Heritage Amendment Act 2016
Assent: 5/04/2016 SG (No. 84) 5/4/2016 p. 1 Commencement: NYP
Not yet in operation: Ss 1-141.  

No. 12: Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016
Assent: 5/04/2016 SG (No. 84) 5/4/2016 p. 1 Commencement: NYP
Not yet in operation: Ss 1-44.       

No. 13: Land (Revocation of Reservations) Act 2016
Assent: 5/04/2016 SG (No. 84) 5/4/2016 p. 1  Commencement: Ss 1, 2, 7-15, 18-25, Sch. 1 items 2-4, 6, 7 on 06/04/2016: s. 2(1)  Not yet in operation: Pt 2, 6 (ss 3-6)
Pt 6 (ss 16, 17) Sch. 1 item 1 Sch. 1 item 5.

Statutory Rules made

No 16:  Victorian Energy Efficiency Target Amendment (Ceiling Insulation and Incandescent Lighting) Regulations 2016
Commencement: 04/04/2016: reg. 3
Not yet in operation: Regs 1-7: on 04/04/2016: reg. 3
Sunset Date:  22/03/2026.

No. 18: Local Government (General) Amendment Regulations 2016
Date of Making: 5/04/2016 Commencement: 08/04/2016: reg. 3.  Not yet in operation:
N/A Sunset Date: 05/04/2026.

Bills

Land (Revocation of Reservations - Metropolitan Land) Bill 2016
A Bill for an Act to revoke permanent reservations of certain land at Cranbourne, Fitzroy and Springvale, to provide for the reservation of certain land for specified purposes and to save certain leases - 13/4/2016 Assembly: Second reading moved.

Local Government (Greater Geelong City Council) Bill 2016
A Bill for an Act to dismiss the Greater Geelong City Council and provide for a general election for that Council, to make related amendments to the City of Greater Geelong Act 1993 purposes.
12/4/2016 Assembly: Second reading moved and Passed; 12/4/2016 Council: Introduced.  More...

Legislation – New South Wales

Regulations and other miscellaneous instruments

Administrative Arrangements (Administration of Acts—Amendment No 1) Order 2016 (2016-184) — published LW 15 April 2016.

Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2016 (2016-185) — published LW 15 April 2016.

Local Government (General) Amendment (Minimum Rates) Regulation 2016 (2016-186) — published LW 15 April 2016.

Mining Legislation Amendment (Saving of Existing Conditions) Regulation 2016 (2016-187) — published LW 15 April 2016.

Petroleum (Onshore) Amendment (Saving of Assessment Lease Conditions) Regulation 2016 (2016-188) — published LW 15 April 2016.

Universities Governing Bodies (University of Sydney) Order 2016 (2016-194) — published LW 15 April 2016.

Electronic Transactions (ECM Courts) Amendment (Land and Environment Court and Industrial Relations Commission) Order 2016(2016-169) — published LW 8 April 2016.

National Parks and Wildlife Amendment (Prohibited Conduct) Regulation 2016 (2016-182) — published LW 8 April 2016.

Property, Stock and Business Agents (Qualifications) Amendment Order 2016 (2016-171) — published LW 8 April 2016.

Sporting Venues Authorities Amendment Regulation 2016 (2016-181) — published LW 8 April 2016.

Environmental Planning Instruments

Corowa Local Environmental Plan 2012 (Amendment No 9) (2016-189) — published LW 15 April 2016.

Lake Macquarie Local Environmental Plan 2014 (Amendment No 13) (2016-190) — published LW 15 April 2016.

Lane Cove Local Environmental Plan 2009 (Amendment No 21) (2016-192) — published LW 15 April 2016.

Lismore Local Environmental Plan 2012 (Amendment No 13) (2016-193) — published LW 15 April 2016.

Rockdale Local Environmental Plan 2011 (Amendment No 11) (2016-191) — published LW 15 April 2016.

Bathurst Regional Local Environmental Plan 2014 (Amendment No 2) (2016-172) — published LW 8 April 2016.

Cessnock Local Environmental Plan 2011 (Amendment No 20) (2016-173) — published LW 8 April 2016.

Liverpool Local Environmental Plan 2008 (Amendment No 32) (2016-174) — published LW 8 April 2016.

Local Environmental Plan (Greater Sydney LEPs Consequential Amendments) 2016 (2016-167) — published LW 4 April 2016.

Local Environmental Plan (Regional LEPs Consequential Amendments) 2016 (2016-168) — published LW 4 April 2016.

Lord Howe Island Local Environmental Plan 2010 (Amendment No 4) (2016-175) — published LW 8 April 2016.

Parramatta Local Environmental Plan 2011 (Amendment No 16) (2016-176) — published LW 8 April 2016.

The Hills Local Environmental Plan 2012 (Amendment No 30) (2016-177) — published LW 8 April 2016.

Uralla Local Environmental Plan 2012 (Amendment No 3) (2016-178) — published LW 8 April 2016.

Uralla Local Environmental Plan 2012 (Amendment No 4) (2016-179) — published LW 8 April 2016.

Wyong Local Environmental Plan 2013 (Amendment No 22) (2016-180) — published LW 8 April 2016.

Bills assented to

Electricity Supply Amendment (Advanced Meters) Act 2016 No 8 — Assented to 06 April 2016

Biofuels Amendment Act 2016 No 12 — Assented to 06 April 2016.  More...

Legislation – Queensland

Subordinate legislation

No 32  Nature Conservation (Protected Areas) Amendment Regulation (No. 1) 2016
08 April 2016 - Nature Conservation Act 1992 - The Amendment Regulation will dedicate an area of unallocated State land, on becoming Aboriginal land, as a national park (Cape York Peninsula Aboriginal land).

No 33 Sustainable Planning Amendment Regulation (No. 2) 2016
08 April 2016 - Sustainable Planning Act 2009 - Updating  the reference to SDAP in Schedule 26 of SPR will give effect to Version 1.8 of SDAP, to be made by the Chief Executive and to be dated 22 April 2016.  The new version of the SDAP provides more clarity as to the matters that the State is interested in for development assessment.  The Amendment Regulation is to commence on 22 April 2016.

Bills Updated

Brisbane Casino Agreement Amendment Bill 2016
Stage reached: Report from Committee on 12/04/2016.

Planning and Development (Planning for Prosperity) Bill 2015
Stage reached: Report from Committee on 8/04/2016.

Planning and Development (Planning Court) Bill 2015
Stage reached: Report from Committee on 8/04/2016.

Planning and Development (Planning for Prosperity—Consequential Amendments) and Other Legislation Amendment Bill 2015
Stage reached: Report from Committee on 8/04/2016.

Planning Bill 2015
Stage reached: Report from Committee on 8/04/2016.

Planning and Environment Court Bill 2015
Stage reached: Report from Committee on 8/04/2016.

Planning (Consequential) and Other Legislation Amendment Bill 2015
Stage reached: Report from Committee on 8/04/2016.

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.

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