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...
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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.
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