Australia: Planning & Environment Update: Did you know....

The Queensland Government sought advice from the private sector about advancing a low carbon future?

This week the Queensland Government held its inaugural Industry Summit under the theme, 'Advancing Queensland – building the new low carbon economy'. The invitation-only summit brought together more than 60 industry and innovation leaders to discuss how the private sector and Queensland Government could work together to transition to a low – and ultimately zero – carbon emissions economy.

The summit called on the experience and insight of the private sector to advance a state-wide strategy for developing low carbon opportunities in Queensland. The outcomes of the summit will inform work currently underway to develop a Queensland Climate Transition Strategy.

During the summit, Mark Baker-Jones, a partner at DibbsBarker, facilitated a session of leaders in the Australian development industry to meet with the Minister for Environment and Heritage Protection. During the session, the delegates considered a set of stand-alone principles for the development industry to encourage safe, efficient, and adaptive development that addresses risks to people and communities, the environment, infrastructure, and the economy.

At the summit, the release of the Queensland Government's Climate Adaption Strategy Directions Statement for public consultation was also announced. Submissions can be made until 14 December 2016.

Brisbane City Council wants to make its buildings 'breathe'?

To achieve its vision for best practice subtropical building design, this week Brisbane City Council released its 'New World City Design Guide – Buildings that Breathe'.

The non-statutory design guide focuses on new buildings within higher density areas of the city, including the CBD, mixed-use areas, regional centres, and transport corridors. It promotes design that incorporates prevailing breezes, lush landscaping, and features responsive to Brisbane's climate. It identifies easy to understand design elements and examples for built environment professionals.

Along with the new design guide, Brisbane City Council has commenced a new 'DesignSMART' pre-lodgement meeting service to encourage collaborative design between developers and the Council at an early stage of the development process.

Somerset Dam will start generating electricity again?

The Queensland Government has announced plans for a major refurbishment to the hydro-electric power plant at Somerset Dam. The plant began operating in 1954, converting the energy of running water into a source of renewable energy, but ceased operating after sustaining damage during the 2011 floods.

This decision was made as part of the chain of reforms and initiatives undertaken by the Queensland Government to meet its target of sourcing half of the state's energy from renewable sources by 2030. The upgrade will see the plant restored to a virtually new condition with increased energy generation capabilities.

The plant is set to recommence operation by 2017.

The Queensland Planning and Environment Court made a costs order against a neighbour who challenged a change to an approval?

Steendyk v Brisbane City Council & Ors (No. 2) [2016] QPEC – last month we reported on the dismissal of an application for declarations relating to the Brisbane City Council's decision to approve a permissible change to a development approval. The change related to veranda treatments to a house, where the applicant was a neighbour alleging privacy impacts.

This week, submissions on costs were heard by the Court, and the applicant (being the neighbour alleging privacy impacts) was ordered to pay 75% of the costs of the second respondents (the owners of the changed veranda).

The Court observed that the second respondents were wholly successful in opposing the relief sought by the applicant, and that they are private citizens who did not choose to participate in the proceedings, and had no option but to protect their interests with regard to their home. It was also relevant that the case did not involve a matter of public interest, as the orders sought by the applicant were concerned solely with his own personal interest.

The court did however reduce the costs awarded to the second respondents by 25% to reflect costs resulting from an adjournment of an earlier hearing and a summary judgment application.

This article is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this article. Authors listed may not be admitted in all states and territories