Australia: Planning & Environment - What's News - 13 April 2016

In the media

Commonwealth

City Deals: nine reasons this imported model of urban development demands due diligence
The new assistant minister for cities and digital transformation, Angus Taylor, has spoken of his enthusiasm for a "new vehicle" for creating partnerships between all three levels of government to drive the sustainable growth of our cities. This "tried and tested" vehicle is based on the UK government's City Deals model (02 April 2016).  More...  More...

Shift to zero-carbon power must start by 2018 to avoid extra warming: study
The world must begin the shift to zero-carbon sources of electricity as soon as 2018 to avoid adding new fossil-fuel power plants that will lock in dangerous climate change, according to a team of Oxford University researchers (31 March 2016).  More...

Renewables Investment Surges in Developing Nations
Investment in renewables in the developing world was up 19% in 2015; ahead of developed nations (down 8%) states a report from the UN Environment Programme (UNEP) (29 March 2016).  More...

AER appeals against electricity and gas price decisions
The Australian Energy Regulator (AER) has applied to the Federal Court for a judicial review of the Australian Competition Tribunal decisions to set aside the NSW and ACT electricity and gas distribution network revenue determinations (24 March 2016).  More...

Lendlease sets new benchmark for liveable cities
Lendlease's Barangaroo South has been awarded a 6 Star Green Star - Communities rating (23 March 2016).   More...

ARENA welcomes new commitment to renewable innovation
The Australian Government this week announced its intention to retain ARENA, expand its renewables mandate to include energy efficiency and low emissions technology, and make changes to its funding as well as the types of projects in which the agency will invest (24 March 2016).  More...

Government taking strong new approach to clean and renewable energy innovation in Australia
The Australian Government is establishing a $1 billion Clean Energy Innovation Fund to support emerging technologies make the leap from demonstration to commercial deployment (23 March 2016).   More...

Clean Energy Innovation Fund
The Australian Government is establishing a $1 billion Clean Energy Innovation Fund to support emerging technologies make the leap from demonstration to commercial deployment. This will drive innovation and create the jobs of the future (23 March 2016).  More...

Victoria

Those closest to sky rail may not be biggest losers
Home owners tempted to take advantage of the state government's voluntary acquisition scheme  for those affected by the proposed sky rail in Melbourne's south-east may be priced out of their suburb because of already discounted property values (03 April 2016).  More...

Port of Hastings Ready for More Jobs and Growth
The Andrews Labor Government has reaffirmed its support for the continued operation of the Port of Hastings as a bulk port supporting Victoria's growth and jobs. Infrastructure Victoria will provide the Government with advice regarding the preferred location for Victoria's second container port. The advice will assess both Bay West and Hastings (01 April 2016).   More...

Victoria Trials Australia's First Home Energy Rating Tool
The Andrews Labor Government has finished a trial of Australia's first home energy efficiency rating tool, which has been specifically designed to help Victorians save on their power bills (02 March 2016).  More...

Murray Basin Rail Project Ramps Up
The MBRP will upgrade and standardise the entire Murray Basin freight network, and better connect primary producers to the State's major ports in Portland, Geelong and Melbourne (30 March 2016).  More...

Planning for Melbourne's Rapid Population Growth
The Andrews Labor Government is planning for Melbourne's rapid population growth, as the latest ABS figures again show Melbourne is the nation's fastest growing capital city. Planning work targeting smart growth is underway around the CBD, urban infill sites and out on the fringe (30 March 2016).  More...

Bringing New Voices to Mining and Resources In Victoria
A reformed Earth Resources Ministerial Advisory Council will provide strategic advice on the sustainable development of Victoria's mining and resources industry and now will include representatives from the community, unions and environmental groups as well as industry (30 March 2016).  More...

New Victorian Bill Strengthens Aboriginal Control over Heritage
Traditional owners will have greater oversight powers and a stronger role in managing and protecting Victoria's Aboriginal cultural heritage under new laws that have passed the Victorian Parliament (22 March 2016).   More...

New South Wales

Planning compliance team checking sites across NSW
The Department of Planning and Environment today released the latest Compliance Report showing site inspections have doubled from the same time last year (01 March 2016).  More...

EPA fines Somersby waste processing company $30,000 for water pollution
The NSW Environment Protection Authority (EPA) has issued two penalty notices and fined waste processing company Biocoal Group Pty Ltd a total of $30,000 for failing to comply conditions of its Environment Protection Licence and causing water pollution at its facility in Somersby (01 April 2016).  More...

EPA fines AGL Macquarie $15,000 for fly ash spill
AGL Macquarie Pty Ltd (AGL Macquarie), which operates the Bayswater Power Station near Muswellbrook, has been fined $15,000 by the NSW Environment Protection Authority (EPA) (31 March 2016).  More...

Minister applauds Origin Energy's use of Moree Solar Farm energy
Minister for Industry, Resources and Energy, Anthony Roberts, has welcomed an announcement by Origin Energy that it will buy all the power produced from the Moree Solar Farm, with a 15 year Power Purchase Agreement (PPA) (31 March 2016).  More... 

Department recommends Barangaroo proposals to the independent PAC for approval
The Department of Planning and Environment has recommended changes to the proposals to modify the Barangaroo Concept Plan and build the Crown Hotel. The changes address issues raised in submissions and the independent Barangaroo Design Advisory Panel's reports (29 March 2016).  More...

Growing trend for councils to sell planning decisions through Value Capture
The Urban Taskforce is concerned about a growing trend across Sydney councils to adopt policies that change planning rules as a mechanism for raising funds for infrastructure (29 March 2016).  More...

EPA fines Hanson Construction $15,000 for non-compliance at Sancrox quarry
The NSW Environment Protection Authority (EPA) has issued a penalty notice of $15,000 to Hanson Construction Materials Pty Ltd for breaching the conditions of its Environment Protection Licence (EPL) at its Sancrox quarry (24 March 2016).  More...

WestConnex New M5 submissions made publicly available
The Department of Planning and Environment today published all public submissions and the Response to Submissions received during public consultation for the WestConnex New M5 application (21 March 2016).  More...

NSW reduces littering
Littering is reducing while recycling and renewable energy is increasing in NSW, according to the 2015 NSW State of the Environment report (21 March 2016).  More...

EPA fines High Quality Sands Pty Limited $15,000
The NSW Environment Protection Authority (EPA) has issued a $15,000 penalty notice to High Quality Sands Pty Limited for extracting sand from the Bellinger River without t holding an environment protection licence (21 March 2016).   More...

Queensland

Queensland tackles Turnbull over dumping of renewable energy grants
The Queensland Labor government says it plans to tackle the Turnbull Coalition government over plans to remove grant funding for large scale renewable energy investments, saying it threatens to hold back the nascent large scale solar sector in the state (31 March 2016).  More...

EDO: In Court: Economist for Acland coal mine admits inflated job figures
In the Qld Land Court today an expert witness for the New Acland Coal mine Stage 3 expansion, an open cut mine which will ruin prime agricultural land as well as risk precious groundwater and community health, has admitted that job figures for the project are far lower than initially forecast, (01 April 2016).   More...

How can a city keep its character if its landmark views aren't protected?
Landmarks identify and define cities. Town-planning instruments usually protect these landmarks from development that does not respect the setting. But inappropriate development is placing one of Brisbane's most important landmarks in danger (29 March 2016).  More...

Giant step forward for new biofuels industry in Queensland
A $16 million advanced biofuels pilot plant will be built at Southern Oil Refining's Yarwun plant at Gladstone, a 'giant' step towards securing a large-scale biofuels industry in Queensland (29 March 2016).   More...

Crackdown on illegal transport of waste
Since the launch of a Palaszczuk Government crackdown eight months ago, there have been more than 100 investigations into alleged unlicensed waste industry operations (23 March 2016).  More...

Government partners with industry to investigate next generation infrastructure funding models
The Property Council of Australia has welcomed the Queensland Government's commitment to partner with the Property Council and the Council of Mayors (SEQ) to fund a groundbreaking study into next generation models of infrastructure funding (22 March 2016).  More...

In Practice and Courts

Commonwealth

AER submissions: draft Framework and Approach papers for TransGrid, ElectraNet and Murraylink
The Framework and approach (F&A) is the first step in a process to determine efficient prices for electricity services. AER is commencing the F&A process for TransGrid, ElectraNet and Murraylink by releasing draft F&A papers for each of the businesses. Submissions close on 28 April 2016 (30 March 2016).  More...

Department of the Environment: Natural Resource Management Regions 2016
The 2016 NRM regions are now available for download (31 March 2016).  More...

Draft ERF method: Community Buildings
Draft Emissions Reduction Fund methods on Community Buildings released for public consultation. Consultation period closes 5 April 2016.  More...

Public consultation: Draft EPBC Act referral guidelines for the vulnerable Murray Cod
The Department is seeking public comment on the Draft EPBC Act referral guidelines for the vulnerable Murray cod (Maccullochella peelii). Comment period closes on 6 May 2016 (10 March 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. The release of the draft Framework follows several months of informal consultation with energy retailers, financial counsellors, consumer groups and other stakeholders. Submissions on the draft Framework close 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...

Announcements, Draft Policies and Plans released 2016

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

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...

New South Wales

NSW: SEPA 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 information about Waste Less, Recycle More and how to apply for Local Government Organics Collections Systems grants is available.  More... 

NSW: submissions on revised guidelines for Community Consultative Committees
The community now has more time to provide feedback on proposed changes to Community Consultative Committee Guidelines, with the exhibition period for submissions on the draft guidelines until 18 April (31 March 2016).  More...  More...

NSW consultation: digital ad signs on the Pacific Highway at Pymble
A proposal to replace two advertising signs on the Pacific Highway at Pymble with digital advertising signs is on exhibition for community feedback (29 March 2016).  More...

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 from today for further community feedback (21 March 2016).  More...

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. These events involve a number of our economic development partners and attract up to 250 delegates to each forum. The full 2016 event schedule Regional Major Projects Forums is now available, so join us and be sure to put these dates in your business diary.

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: Updated public ruling released by Office of State Revenue
On 29 March 2016, the Commissioner of State Revenue issued public ruling DA505.2.2—Dutiable value of transfers of land to local governments. This ruling has been amended to include an example at paragraph 11 and to ensure that references to the Commissioner are gender neutral. No substantive changes were made to the ruling (31 March 2016).  More...

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

Cases

Victoria

Coventry Pub Co Pty Ltd v Port Phillip CC [2016] VCAT 497
Port Phillip Planning Scheme; Application pursuant to Section 79 of the Planning & Environment Act 1987; General Residential Zone 1 (GRZ1); Heritage Overlay (HO 440); Removal of at-grade car park; Three storey building; 3 dwellings; 9 basement car spaces; Roof top terrace; Clause 55 (ResCode); Height; Setbacks; Amenity impacts.  More...

Prime Earth Pty Ltd v Whitehorse CC [2016] VCAT 496
Whitehorse Planning Scheme; Section 77 of Planning and Environment Act 1987; General Residential Zone (Schedule 1); Neighbourhood Character; Garden Suburban Area 1; Two Storey Townhouses; Internal Amenity; Pedestrian Access; Private Open Space.  More...

Lapsley v Whitehorse CC [2016] VCAT 498
Section 77 of the Planning and Environment Act 1987. Whitehorse Planning Scheme. Neighbourhood Residential Zone Schedule 5. Four lot subdivision. Neighbourhood character, Intensity.  More...

Chan v Boroondara CC [2016] VCAT 494
Section 82 of the Planning & Environment Act 1987; Boroondara Planning Scheme; Two Dwelling Development (Side-by-side layout with basement carparking) Neighbourhood Character Impacts – NRZ3, Clause 22.07 (Precinct 2).  More...

GKK Kel Pty Ltd v Frankston CC [2016] VCAT 487
Section 77 of the Planning & Environment Act 1987; Frankston Planning Scheme; General Residential Zone; 12 dwellings; Character; Landscape; Streetscape; Amenity.  More...

393 Bay Road Developments No. 1 Pty Ltd v Bayside CC [2016] VCAT 490
Benefit of a Site Inspection; Slope; Neighbourhood Character; Reference Documents; Relevant Planning Controls and Policies.  More...

oOh!Media Pty Ltd v Port Phillip CC [2016] VCAT 480
Section 77 Planning and Environment Act 1987; Port Phillip Planning Scheme; Commercial 1 Zone; Existing Major Promotion Sky sign; Change in format to electronic sign.  More...

Kibar v Melton CC [2016] VCAT 479
General Residential Zone and Planning Policies Support for Medium Density; Neighbourhood Character; Street Tree; Streetscape; no permit.  More...

Overton v Bayside CC [2016] VCAT 478
It is proposed to demolish the existing dwelling and remove native vegetation from the subject land and to construct two double storey dwellings on the land. Application under Section 82 of the Planning and Environment Act 1987 by objectors to review the decision to grant a permit.  More...

Dream Technicians Pty Ltd v Boroondara CC [2016] VCAT 475
Application under Section 77 of the Planning and Environment Act 1987 (the Act) to review a decision to refuse a permit. Floodlit, static, major promotion sign located at first floor level.  More...

Great Ocean Road Adventure Park Pty Ltd v Surf Coast SC [2016] VCAT 474
Surf Coast Planning Scheme; Section 77 of the Planning and Environment Act 1987; Leisure and Recreation Facility; Adventure Park; Preparation of a Cultural Heritage Management Plan.  More...

Drive by Developments Pty Ltd v Kingston CC [2016] VCAT 473
Major Promotion Sign; main road location; activity centre location; visual clutter; impact on existing and future dwellings; impact on road safety.  More...

Vance v Bayside CC [2016] VCAT 472
Application under section 82 of the Planning and Environment Act 1987 for review of a decision of the responsible authority to grant a permit. Two dwellings.  More...

Pentony v Boroondara CC [2016] VCAT 471
Section 82 of the Planning & Environment Act 1987; Boroondara Planning Scheme; Commercial 1 Zone; General Residential Zone; Design and Development Overlay; 6-storey mixed use building (above a multi-level basement) containing 293 apartments; Landscape buffer requirement; Ordinary and natural meaning; Purpose and context; West Hawthorn Urban Development Framework.  More...

Total Built Environment Services v Banyule CC [2016] VCAT 468
Section 77 of the Planning and Environment Act 1987; Banyule Planning Scheme; Development of two double storey dwellings; General Residential Zone; State and Local Policy; Neighbourhood character; Off-site amenity; Internal amenity.  More...

Mandylas v Boroondara CC [2016] VCAT 466
Section 77 Planning and Environment Act 1987 – double storey dwelling to rear of existing dwelling – General Residential Zone Schedule 1 – mass, scale and design – neighbourhood character – landscaping.  More...

Khanin v Bayside CC [2016] VCAT 465
Section 77 of the Planning and Environment Act 1987; Bayside Planning Scheme; General Residential Zone; neighbourhood character; overdevelopment; space for landscaping; private open space; surveillance; building setbacks; visual bulk; solar orientation; internal amenity.  More...

Waldon v Glen Eira CC [2016] VCAT 464
Construction of two double storey attached dwellings in a side by side arrangement.  Application under Section 80 of the Planning and Environment Act 1987 – to review three conditions, Conditions 1(b), 1(f) and 1(g) of permit GE/PP-28241/2015; Neighbourhood Residential Zone NRZ1.  More...

Trajanovski v Whittlesea CC [2016] VCAT 462
Application under Section 77 of the Planning and Environment Act 1987. Whittlesea Planning Scheme. General Residential Zone. Four single storey dwellings. Policy support. Neighbourhood character.  More...

Kokoda Property v Kingston CC [2016] VCAT 476
Application under Section 79 of the Planning and Environment Act 1987; Preliminary Hearing; Aboriginal Heritage Act 2006; Aboriginal Heritage Regulations 2007; Area of Aboriginal of Cultural Sensitivity; High Impact Activity; Significant Ground Disturbance; Cultural Heritage Management Plan Determined to Not be Required.  More...

Bluestone Park Pty Ltd v Melbourne CC [2016] VCAT 459
Application for declarations – section 149B Planning and Environment Act 1987 – existing use rights – validity of decision to amend permit – standing to make an application under section 72 Planning and Environment Act 1987 to amend a permit - application to amend the endorsed plan for planning permit TP-1997-419B under secondary consent, as a beer garden.  More...

Hi Quality Quarry Products Pty Ltd v EPA [2016] VCAT 457
An application pursuant to section 33A(2)(b) of the Environment Protection Act 1970 to review the failure of the Environment Protection Authority to determine an application to amend a licence. If any application is made pursuant to section 33A(2)(b) of the Environment Protection Act 1970, the Tribunal will extend time pursuant to section 126 of the Victorian Civil and Administrative Tribunal Act 1998 within which to commence this proceeding.  More...

Rodger Constructions Pty Ltd v Woolcorp Pty Ltd [2016] VCC 86
Contract – Alleged agreement between developers of adjoining land – Contribution to be made by one developer towards the costs of the other constructing a sub-divisional road on the common boundary – Whether agreement established – If no agreement made out, whether the developer obtaining the benefit of the road should contribute to the cost of construction – Lumbers v. W Cook Builders Pty Ltd (in liq.) [2008] HCA 27; (2008) 232 CLR 635 applied.  More...

de Matteo v Nillumbik SC [2016] VCAT 454
Section 77 of the Planning and Environment Act 1987; Nillumbik Planning Scheme; Schedule 7 of the Neighbourhood Residential Zone; Schedule 2 of the Vegetation Protection Zone; Bush Garden Precinct BG2 (Eltham - Bolton Street); Neighbourhood character. Vehicle access; Overlooking; site excavation; no permit.  More...

Robinson v Maroondah CC [2016] VCAT 453
Section 77 of the Planning and Environment Act 1987; Maroondah Planning Scheme; General Residential Zone; neighbourhood character; landscape response; building set backs.  More...

Planning and Design Pty Ltd v Moreland CC [2016] VCAT 452
Section 77 of the Planning and Environment Act 1987, Moreland Planning Scheme, Neighbourhood Residential Zone Schedule 1, Vehicle crossing, Clause 22.03, Neighbourhood Character; no permit.  More...

Burgess v Mornington Peninsula SC [2016] VCAT 451
Section 77 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; Green Wedge Zone 2; Environmental Significance Overlays 9, 17 & 28; Erosion Management Overlay 1; Significant Landscape Overlays 1 & 6; Vegetation Protection Overlay 2; Subdivision; Boundary Realignment; Impact on High Quality Productive Agricultural Land; no permit.  More...

Caramar Holdings Pty Ltd v Banyule CC [2016] VCAT 450
Banyule Planning Scheme; Commercial 1 Zone; Heritage Overlay (HO90); Design and Development Overlay 11; Abuts a main road; Six storey mixed use building; Height of building; Height of streetwall; Setbacks; Vehicle access; Reduction of parking; Waiver of loading bay; Equitable development rights.  More...

Hillard v South Gippsland SC [2016] VCAT 449
Section 82 of the Planning & Environment Act 1987; South Gippsland Planning Scheme; Farming Zone; Environmental Significance Overlay Schedule 5; Host Farm and Dwelling; Planning Policy; whether the host farm is supported by the proposed use of the land for a farm; Impacts on surrounding agricultural land; Amenity Impacts; Impacts on a waterway in a potable water supply catchment.  More...

Hansen Partnership v Hobsons Bay CC [2016] VCAT 447
To construct a three storey apartment building containing 30 dwellings above a basement car park.  Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. General Residential Zone (Schedule 1) (GRZ1) Clause 32.08-4 To construct two or more dwellings on a lot.  More...

Lifestyle Living Pty Ltd v Knox CC [2016] VCAT 446
Six-storey building ; two-storey preferred height in Design and Development Overlay; impact on view identified in local planning policy and the Overlay; design excellence; equitable development rights; pedestrian amenity; car park design.  More...

Mario Maugeri Design Edge Associates v Whitehorse CC [2016] VCAT 448
Section 80 of the Planning & Environment Act 1987; Whitehorse Planning Scheme; Two-dwelling development: Building envelope & siting – Neighbourhood character impact (GRZ Schedule 1; Clause 22.03 – Natural change area & Garden suburban 6 precinct).  More...

Yarra CC v Malsons International Pty Ltd [2016] VCAT 443
Costs application – section 109 Victorian Civil and Administrative Tribunal Act 1998 – reimbursement of fees – section 115B Victorian Civil and Administrative Tribunal 1998. Malsons International Pty Ltd is ordered to pay the costs of Yarra City Council fixed in the sum of $7,638.35.  More...

GBM Properties (Vic) Pty Ltd v Yarra Ranges SC [2016] VCAT 440
Creation of two easements of carriageway, 6.03 metres in width.  Application under Section 80 of the Planning and Environment Act 1987 – to review conditions contained in the permit. Part Green Wedge Zone (4), part Rural Conservation Zone (3).  Environmental Significance Overlay (Schedules 1 and 3) in part, Significant Landscape Overlay (3), Erosion Management Overlay and Bushfire Management Overlay.  More...

Simgar Pty Ltd v Whitehorse CC [2016] VCAT 437
Section 77 Planning and Environment Act 1987; Whitehorse Planning Scheme; Neighbourhood Residential Zone; Significant Landscape Overlay; Child care centre; Landscape; Neighbourhood character; no permit.  More...

Wilson v Macedon Ranges SC [2016] VCAT 436
Application under section 80 of the Planning and Environment Act 1987. Review of conditions on a planning permit. Macedon Ranges Planning Scheme. Land subject to Rural Conservation Zone and Environmental Significance, Vegetation Protection, Significant Landscape and Bushfire Management Overlays. Special water supply catchment area (Mollison Creek and Pyalong water supply). Proposal to alter a dwelling to add living areas, bedrooms, study and bathroom. Role and jurisdiction of referral authority challenged. Challenge to conditions on basis of relevancy to the works and development.  More...

Day v Hobsons Bay CC [2016] VCAT 435
Section 77 Planning and Environment Act 1987 – General Residential Zone Schedule 1 – single storey dwelling to the rear of existing dwelling – within 500 metres of Major Hazard Facility; no permit.  More...

Zelman v Glen Eira CC [2016] VCAT 434
Section 80 Planning and Environment Act 1987; Glen Eira Planning Scheme; General Residential Zone; Housing Diversity Area; Three-storey residential development.  More...

BKMA Developments Pty Ltd v Glen Eira CC [2016] VCAT 433
Section 77 of the Planning and Environment Act 1987, Glen Eira Planning Scheme, Apartment building.  More...

Willis v Yarra Ranges SC (Red Dot) [2016] VCAT 407
NATURE OF CASE - Interpretation of 'smaller lots' subdivision controls in Green Wedge Zone.  REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - PLANNING SCHEME – interpretation or consideration of VPP provision - VPP clause 35.04-3 - Green Wedge Zone, and schedule; what constitutes a 'smaller lot' for the operation of the 'smaller lots' subdivision control where the minimum lot size in the schedule is qualified by reference to an average lot yield and maximum lot size. CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or is required or desirable.  Given potential for conflicting Tribunal decisions, and the implications for other similar zones in other planning schemes, a clarifying amendment is warranted - preferably at a VPP level.  More...

Gursoy v Bayside CC [2016] VCAT 429
Section 77 of the Planning & Environment Act 1987; Bayside Planning Scheme; whether three dwellings is consistent with purposes of the Neighbourhood Residential Zone; compliance with objectives and Standards of Clause 55.  More...

Oriental Wans Australia Pty Ltd v Stonnington CC [2016] VCAT 427
Demolition of three shopfront facades of the buildings formerly located on the subject land, in contravention of the permit and endorsed plans under permit 0726/09 issued by the responsible authority and/or in contravention of cl 43.01 of the Stonnington Planning Scheme (Heritage Overlay).  As part of the settlement of these proceedings, the Applicant has agreed to install a hoarding with images depicting the development across the site frontage as soon as is practically achievable.  More...

Hurst Earthmoving Pty Ltd v Towong SC [2016] VCAT 425
Towong Planning Scheme; Rural Activity Zone; Stone extraction; Impacts of trucks travelling past rural lifestyle properties; Visual impacts and landscaping; Amenity of dwellings adjoining the haul road; Dust; Safety; Upgrade and maintenance of the haul road; Policy; Net community benefit.  More...

Jessup v Maroondah CC [2016] VCAT 422
Section 80 of the Planning & Environment Act 1987; Maroondah Planning Scheme; conditions relating to a building envelope and drainage works on a subdivision permit.  More...

Ko v Maribyrnong CC [2016] VCAT 421
Section 77 of the Planning and Environment Act 1987; Maribyrnong Planning Scheme; General Residential Zone; Medium density development; Two side-by-side dwellings on a lot fronting a Road Zone Category 2 road; Incremental Change Area; Garden Court precinct; Neighbourhood character; Scale and mass; Vehicle access and egress.  More...

Grillo Building Designs v Moreland CC [2016] VCAT 420
Application under section 81(1)(a) of the Planning and Environment Act 1987; Refusal to extend time; Site rezoned to Neighbourhood Residential Zone – Schedule 1; Kantor principles; Maximum number of Dwellings; Maximum height limit; Approved development now prohibited.  More...

Eryurek v Moreland CC [2016] VCAT 419
Application under Section 77 of the Planning and Environment Act 1987 for review of a decision of the responsible authority to refuse to grant a permit. Permission under Clause 32.09-5 for the construction of two or more dwellings on an allotment under the Neighbourhood Residential Zone provisions of Clause 32.09.  More...

Velevski v Brimbank CC [2016] VCAT 418
Application under Section 81(a) of the Planning and Environment Act 1987 for review of a decision of the responsible authority refusing to extend time for completion of a development under a permit. Extend time for completion of a development of three dwellings allowed by Planning Permit P756/2005. General Residential Zone.  More...

Karunajeewa v Melbourne CC [2016] VCAT 417
Application to amend permit pursuant to section 87A of the Planning and Environment Act 1987; Heritage Overlay – Schedule 4, Parkville Precinct; Design and Development Overlay – Schedule 35, Area A2, South Parkville; Ievers Reserve; pergola; outdoor inbuilt fireplace with flue and cowl; privacy screens.  More...

Pezzimenti v Boroondara CC [2016] VCAT 428
Section 82 of the Planning & Environment Act 1987; Boroondara Planning Scheme; Proposed Garage – Traffic, character/ heritage impacts.  More...

A B Holdings Pty Ltd v Frankston CC [2016] VCAT 424
Frankston Planning Scheme; Section 77 of the Planning and Environment Act 1987; Two Permit Applications; Two Lot Subdivision; Two x Two Storey Dwellings; General Residential 1 Zone; Design and Development Overlay DDO6; Neighbourhood Character Precinct Frankston 10; Off Site Amenity Impacts; Views.  More...

Moloney v Mornington Peninsula SC [2016] VCAT 415
Amending Section 173 Agreement; Status of CFA When Agreement Not Complied With; Bushfire Risk; Changes to Bushfire Management Requirements; Neighbourhood Character; Visual Bulk.  More...

Kreti v Moonee Valley CC [2016] VCAT 414
Application under Section 82 of the Planning and Environment Act 1987 (the Act) to review a notice of decision to grant a permit. General Residential Zone Schedule 2. Clause 55 Two or more dwellings on a lot. Double Storey Dwellings. Parking and Traffic; Neighbourhood Character; Heritage Character.  More...

Pope v Greater Geelong CC [2016] VCAT 413
Section 82 of the Planning and Environment Act 1987; Greater Geelong Planning Scheme; General Residential Zone; Design and Development Overlay (DDO14), Proposed Three Double Storey Detached Dwellings and Three Lot Subdivision; Design Response to Neighbourhood Character, Amenity Impact on Adjoining Dwellings, Loss of Views.  More...

Konstas v Bayside CC [2016] VCAT 412
Bayside Planning Scheme; Neighbourhood Residential Zone Schedule 3; Design and Development Overlay; Four dwellings in a two storey building; Height; Massing; Visual bulk; Neighbourhood character; Backyard character; Tree retention and landscaping; Overlooking; Overshadowing; Traffic; Parking.  More...

Allan Armstrong and Associates v Knox CC [2016] VCAT 411
Section 80 of the Planning and Environment Act 1987, Knox Planning Scheme; General Residential Zone. A permit has been issued for two double storey dwellings on a corner lot. This permit is subject to a number of conditions.  More...

Canterbury Hills Pty Ltd v Hume CC [2016] VCAT 430
The Applicant's application for costs in relation to Application Nos P990/2015 & P991/2015 is refused.  Costs associated with the costs application are reserved.  There has been a dispute between Canterbury Hills Pty Ltd (Canterbury Hills) and Hume City Council about completing the stage 24 subdivision of Canterbury Hills' housing estate near Sunbury.  More...

Caydon Cremorne No.1 Development Pty Ltd v Yarra CC [2016] VCAT 423
Application under S.79 of the Planning and Environment Act 1987 for review of the failure to grant a permit within the prescribed time, piecemeal application, car parking/modal change, landmarks and overshadowing of the Yarra River.  More...

478 St Kilda Road Land Pty Ltd v Port Phillip CC [2016] VCAT 426
Application under Section 87A of the Planning and Environment Act 1987; Port Phillip Planning Scheme; Commercial 1 Zone; Heritage Overlay HO329; Design and Development Overlays DDO4-2 and DDO13; Proposed 19 Storey Building; Mediated 18 Storey Outcome; Application to Amend the Development to Add a Floor (Total 19 Storeys).  More...

New South Wales

Simpson v Council of the City of Sydney [2016] NSWLEC 1106
DEVELOPMENT APPLICATION: replacement of dormer window, heritage item, conservation area, contributory building, amenity of attic.  More...

Barnes v Loveridge; Unicomb v Loveridge [2016] NSWLEC 1108
TREES [NEIGHBOURS] Part 2A – obstruction of views and sunlight; heritage and other discretionary matters; sunlight – insufficient evidence.  More...

Legowski & anor v Snowy River Shire Council [2016] NSWLEC 1110
DEVELOPMENT APPLICATION: appeal against decision for review of conditions of approval for "serviced apartment" – whether "serviced apartment" can accommodate 15 people.  More...

Goo v Office of Environment & Heritage [2016] NSWLEC 27
SENTENCE – possession and sale of protected fauna (3 offences in total) – appeal against sentence in Local Court – relevant objective and subjective factors – custodial sentence not appropriate – financial penalty appropriate – resentencing required – specific and general deterrence – appeal upheld and fine imposed.  More...

Suh v Liverpool City Council [2016] NSWLEC 25
JOINDER – community group – application for joinder – statutory tests – nature of issues proposed to be raised by applicant for joinder – issues not likely to be canvassed by the council - public interest - joinder granted.   More...

North Sydney Council v North Sydney Leagues Club Limited [2016] NSWLEC 22
PRACTICE AND PROCEDURE: application for adjournment of the proceedings – respondent seeking development consent to regularise works and use of premises – principles to be applied – costs – directions.   More...

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51
LOCAL GOVERNMENT – development consent – function of determining applications for development consent – whether local council as planning authority owed duty of care – nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44 – special statutory power for the purposes of Civil Liability Act 2002 (NSW) s 43A – nature of test imposed by s 43A – whether local council liable for failing to impose conditions relating to traffic access to property   NEGLIGENCE – motor vehicle collision at intersection – one driver entered intersection contrary to left turn only arrows marked on road – whether driver failed to take reasonable care – whether breach of duty caused collision – apportionment of liability   STATUTORY AUTHORITIES – function of installing traffic signals – whether delay between authority's decision to install signals and implementation of decision was a breach of duty – operation of Civil Liability Act 2002 (NSW) s 43A.  More...

Queensland

Brisbane City Council v Gerhardt [2016] QCA 076
ENVIRONMENT AND PLANNING – BUILDING CONTROL – COUNCIL CONSENT AND APPROVAL – CONSENTS, APPROVALS AND PERMITS – OTHER MATTERS – where the respondent is a building certifier (class A) performing functions under s 48 Building Act 1975 (Qld) ('Building Act') – where owners of a house in Wooloowin made a building development application to the respondent under s 6 Building Act – where the development was an assessable development under s 9 of the Sustainable Planning Regulation 2009 (Qld) and under council's City Plan 2014 – where s 11 Building Act deemed the respondent to be the assessment manager for the building development application – where the respondent referred to the council that part of the building development application within its jurisdiction as a concurrence agency to assess the amenity and aesthetic impact of the application against the City Plan 2014 – where the council indicated that the respondent's request for a response as a concurrence agency was premature because it first needed to grant preliminary approval under s 83(1)(b) Building Act – where the respondent obtained a declaration that no application for preliminary approval was required – where the council contends that the declaration below contained errors of law – whether, on its correct construction, s 83(1)(b) Building Act requires a separate application to be made to the council as a necessary preliminary approval.  More...

Brisbane Islamic Centre Limited v Brisbane City Council & Anor [2016] QPEC 014
APPEAL AGAINST REFUSAL FOR DEVELOPMENT OF A MOSQUE AND COMMUNITY CENTRE – where clearly a need for a mosque in locality – where proposed development located within rural zone of City Plan 2000 and City Plan 2014.  CONFLICT – weight to be given to new planning scheme introduced after development application lodged – whether proposal in serious conflict with the respondent's planning scheme – whether there are sufficient grounds for approval despite conflict.  ISSUES FOR DETERMINATION – VISUAL AMENITY – ECOLOGY – WATERWAY CORRIDOR ISSUES – TRAFFIC – HYDROLOGY.  More...

Kinsella & Anor v Gold Coast City Council (No 3) [2016] QSC 014
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JOINDER OF CAUSES OF ACTION AND OF PARTIES – PARTIES – GENERALLY – where the defendant raised allegations of concurrent wrongdoing in its defence – where the plaintiff brought an application under s 69 of the Uniform Civil Procedures Rules 1999 (Qld) seeking to join the alleged concurrent wrongdoers to the proceeding – whether the plaintiffs have demonstrated an arguable case against the alleged concurrent wrongdoers – whether joinder is 'necessary' or 'desirable, just and convenient' to adjudicate effectually and completely on all matters in dispute in, or connected with the proceeding - defendant Council's operation of a nearby landfill facility  resulted in the escape of harmful landfill gas and leachate and that, by  September 2009,  these  problems had become such an issue of public concern and notoriety that the value of their  property was adversely affected.  More...

2040 Logan Road Pty Ltd v Body Corporate for Paddington Mews (No 2) [2016] QSC 065
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS – INFORMAL OFFERS AND CALDERBANK LETTERS – UNREASONABLE REFUSAL OF OFFER – where application was made to the court pursuant to s 180 of the Property Law Act 1974 (Qld) for the grant of an easement – where an offer of compromise was made by the respondent at an early stage of the proceeding – whether the applicant acted unreasonably or imprudently in not accepting that offer – whether costs calculated on the indemnity basis should be ordered.  PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INDEMNITY COSTS – RELEVANT CONSIDERATIONS GENERALLY – where application was made to the court pursuant to s 180 of the Property Law Act 1974 (Qld) for the grant of an easement – whether the applicant's conduct of the case was plainly unreasonable – whether there was some special or unusual feature of the case that justified a departure from the usual rule that the costs of a successful party are to be calculated on the standard basis – whether costs calculated on the indemnity basis should be ordered.  More...

Ferreyra & Ors v Brisbane City Council & Anor (No 2) [2016] QPEC 013
PLANNING AND ENVIRONMENT – Costs.  More...

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Gerard Timbs
 
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