In the media – National
CBA takes a dramatic step into climate bonds with a
$650m raising
The Commonwealth Bank of Australia has made a dramatic entrance to
the certified climate bond market, raising $650 million to fund 12
domestic projects including energy efficient buildings, low-carbon
transport.
More...
Lyon Solar to build world's biggest solar and
battery storage plant with or without tender
One of the companies that said it was better placed than Tesla to
deliver a 100MW battery storage system for South Australia has
announced it is going ahead.
More...
CEFC support for new climate bond signals growing
investor appetite for renewables
The CEFC's support for a new climate bond has attracted strong
investor participation, signalling increasing investor appetite for
clean energy assets (28 March 2017).
More...
In the media – Victoria
Plan Melbourne: density and heritage come into
conflict
Critics are concerned Plan Melbourne's renewed push for
development in activity centres combined with reformed residential
zones will damage the city's distinctive heritage (31 March
2017).
More...
Darebin Council wants elevated railway in Preston to fix
traffic woes
A Proposal for a 2.5km stretch of sky rail with new elevated
stations at Bell and Preston has been welcomed by residents fed up
with traffic. The Bell and High St crossings are still in the
community consultation phase, while work has begun to lower the
Grange Rd crossing. The study claims lowered rail at Preston would
be unfeasible mainly due to its extreme cost and logistic hurdles,
with both a tunnel and a "cut and cover" trench option
ruled out (30 March 2017).
More...
Vic Planning Minister Richard Wynne blocks $350m Tim
Gurner project
Victorian Planning Minister Richard Wynne has dramatically
intervened, just days before a planning tribunal hearing, to block
a $350 million apartment development in Fitzroy North proposed by
BRW Rich Lister Tim Gurner (28 March 2017).
More...
Desal Flows to Secure Melbourne's Water
Supply
The first water from the Wonthaggi Desalination Plant has begun to
flow into the Cardinia Reservoir helping to deliver water security
for Victoria. The delivery marks a significant milestone in
guaranteeing a secure and resilient water grid (19 March 2017).
More...
In the media – New South Wales
BASIX energy targets to change
The NSW Government has announced that the BASIX energy targets
will be increased across the State in July 2017 (31 March 2017).
More...
World's biggest' incinerator for Sydney opposed
on health, air quality grounds
There are calls to ditch plans for the world's biggest
incinerator, to be built in western Sydney, following opposition
from the Environment Protection Authority because of potential
impacts on air quality and human health (30 March 2017).
More...
New planning laws to deliver recycling equipment for
bottles and cans
Proposed changes to planning law will allow recycling equipment
for bottles and cans to be approved quicker as part of the NSW
Government's container deposit scheme. The proposed planning
policy amendment for the NSW Container Deposit Scheme that will
start on 1 December 2017 (29 March 2017).
More...
City of Sydney to accelerate environmental action
plan
The City of Sydney has approved its Environmental Action Plan,
which will see it push for net zero emissions by 2050 and get 50
per cent renewables for the entire local government area by 2030.
The draft plan was revealed in June last year and, following a
period of consultation, has been amended and finalised, with Lord
Mayor Clover Moore pushing for speedy implementation (28 March
2017).
More...
Roadside Reserve Grants Open to Councils
Funding is now open to NSW councils seeking to streamline and
improve the management of roadside reserves in their areas, under a
pilot program run by Local Government NSW (LGNSW). A total of $1.46
million is available to councils via contestable grants as part of
a three-year program funded by the NSW Environmental Trust (24
March 2017).
More...
In the media – Queensland
Solar farm powers innovative Churchill
Abattoir
Churchill Abattoir has officially had its power turned on its new
1 megawatt solar farm by Abattoir managing director Barry Moule and
Ipswich Mayor Paul Pisasale. Cr Pisasale, also launching the
city's sustainability strategy yesterday, said the initiative
was "fantastic" (31 March 2017).
More...
Mining company given approval to clear critical koala
habitat for CSG wells
A gas company is given federal approval to clear 54 hectares of
koala habitat for new coal seam gas wells on Queensland's
Western Downs (27 March 2017).
More...
Premier wants northern Australian development agenda
revived
Queensland Premier Annastacia Palaszczuk wants to revive the
development of northern Australia, flagging under Turnbull
Government (23 March 2017).
More...
Huge fine for illegal vegetation clearing
A Queensland landowner has been required to pay nearly $1 million
for illegally clearing native remnant vegetation at a property near
Eidsvold in the North Burnett region (23 March 2017).
More...
In practice and courts – Victoria
VC134 changes the Victoria Planning Provisions and all planning schemes by introducing the new Metropolitan Planning Strategy and making corresponding updates to the State Planning Policy Framework. It also restructures Clause 11, includes policy-neutral updates and administrative changes and introduces new and updated incorporated and reference documents (30 March 2017).
In practice and courts – New South Wales
NSW Development Assessment Best Practice
Guide
The guide released on 21 March 2017, outlines processes and
procedures that are being used in some councils already to improve
development application (DA) approval times. It focuses on
high-level customer service before development application
lodgement to create a more efficient assessment process.
More...
NSW Land and Environment Court
28 March 2017: The Chief Judge has today issued a new practice
note for
Class 1 Residential Development Appeals, and repealed the
practice note of the same name made on 7 February 2011. More...
22 March 2017: The Chief Judge has today issued new practice notes
for
Class 1 Development Appeals, and
Class 1, 2 and 3 Miscellaneous Appeals, and repealed the two
practice notes by the same name made on 30 April 2007.
22 March 2017: The
Conciliation Conference Policy has also been updated.
Exempt and Complying Development: equipment for bottles
and cans
The proposed amendments to the policy for will be on public
exhibition until 26 April 2017. People are encouraged to give their
feedback in a submission. To make a submission on the proposed
amendment visit www.planning.nsw.gov.au/proposals.
More information about the NSW Container Deposit Scheme can be
found on the Environment Protection Authority's
website.
In practice and courts – Queensland
Spit community consultation
Local feedback has prompted the State Government to expand the
community consultation area on The Spit's Parklands
rejuvenation to include two small areas of parkland. For more
information about community consultation on The Spit parkland and
the ASF proposal
visit the Department of State Development website (24 March
2017).
Cases – Victoria
Huber v Howitt (Owners Corporations) [2017] VCAT
445
The operation of the Owners Corporation Act 2006
concerning the application of the benefit principle for a lot owner
seeking recovery of previously incurred repair costs to common
property. The interpretation of s28 and s49 of the Owners
Corporation Act 2006 considered. Whether the owners
corporation's retrospective application of the benefit of
provision of services under s12 of the Owners Corporation Act
2006 to some, but not all lot owners, is unfairly prejudicial
to or unfairly discriminatory against a lot owner. S167 of the
Owners Corporation Act 2006, matters which the Tribunal
must consider, applied.
Talib v Hobsons Bay CC [2017] VCAT 415
General Residential Zone – Schedule 2; Hobsons Bay South
Neighbourhood Character Precinct 7, Altona; neighbourhood
character; 'edge of town' feel; solar panels and
overshadowing.
Modo Project Builders Pty Ltd v Frankston CC [2017] VCAT
390
Pursuant to Section 97P Planning and Environment Act 1987
the Tribunal directs that the Responsible Authority issue a
certificate under Section 97N of the Act stating that the use and
development of the land for shared accommodation as described in
the application made by Hansen Planning Services dated 5 September
2016 in accordance with the plans identified as Sheets 1 – 8
(inclusive) dated 14 November 2016 prepared by Modo Project
Builders does not require a planning permit for use or
development.
Cases – Queensland
Council
of the City of Gold Coast v Sedgman Consulting Pty Ltd [2017]
QPEC 018
PLANNING AND ENVIRONMENT – APPEAL AGAINST DECISION OF THE
BUILDING AND DEVELOPMENT COMMITTEE – whether the appeal was
commenced in time – whether the Building and Development
Committee exceeded its jurisdiction in deciding an appeal made out
of time – whether the Building and Development Committee made
an error of law or exceeded its jurisdiction in deciding the
Compliance Permit was invalid - whether the Building and
Development Committee made an error of law or exceeded its
jurisdiction in failing to properly decide the appeal lodged in
relation to the conditions imposed on the compliance permit.
Swan
v Santos GLNG Pty Ltd & Ors (No 2) [2017] QPEC
017
COSTS - PLANNING – ENVIRONMENT: where applicant wholly
unsuccessful in application for orders pursuant to s 505 of the
Environmental Protection Act 1994; whether applicant had
any reasonable prospects of successfully obtaining such orders;
where applicant had failed to properly particularise or relate
evidence to alleged breaches of Environmental Authorities, whether
applicant had obstructed or delayed or acted unreasonably in the
proceeding.
Spry
v Brisbane City Council & Anor [2017] QPEC
016
PLANNING AND ENVIRONMENT – submitter appeal – where
Council approved an application to facilitate a material change of
use for three multiple dwellings – where approval was subject
to conditions concerning the stormwater run-off – where
conditions required the drainage system to convey the collected
run-off to a lawful point of discharge – where the appellant
alleged that the decision failed to impose a condition that no
connection be made to the foul water/private pipeline –
whether the Court ought impose a condition preventing connection to
a foul water/private pipeline.
King
of Gifts (Qld) Pty Ltd & Anor v Redland City Council &
Anor [2017] QPEC 015
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
Whether changes to a development application are a minor change
– Whether changes to a development application result in a
substantially different development.
Wiseman
& Matthews v RPD Qld Pty Ltd [2017] QCAT
081
ENVIRONMENT AND PLANNING –TREES VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – where
alleged severe obstruction of a view – whether applicant able
to establish the view that existed at time they took possession of
their land – whether views are severely obstructed at time of
hearing – whether balancing of neighbour's and
tree-keepers interests requires that an order be made.
Campbell
v RPD Qld Pty Ltd [2017] QCAT 082
ENVIRONMENT AND PLANNING – TREES VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – where
neighbour's and tree-keeper's lots separated by another lot
– whether land separated by a road – whether land
adjoins – where claim of obstruction of views – where
view from extension to building – whether constitutes
interference by obstruction of a view that existed when the
neighbour took possession of the land.
Finch
v Grahle [2017] QCAT 080
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – Where land
affected by a tree situated on adjoining land – Where removal
of tree branch appropriate to prevent serious injury to a person or
serious damage to property or land – Where agreement reached
between parties as to the works to be undertaken – Where it
is necessary for the Tribunal to make an order relating to the cost
of the work required.
The
Corporation of the Sisters of Mercy of the Diocese of Townsville v
Queensland Heritage Council (No 2) [2017] QPEC
014
ENVIRONMENT & PLANNING – APPEAL – HERITAGE
CRITERIA - LISTING OF PLACE AS STATE HERITAGE PLACE - where the
appellant is the owner of a convent – where the appellant
lodged a development application to demolish the convent - where
the convent was then listed on the Queensland Heritage Register as
a State Heritage Place – whether the convent satisfied one or
more of the cultural heritage significance criteria in section
35(1)(a), (d) and (h) of the Queensland Heritage Act 1992
– whether the convent demonstrates an evolutional pattern of
Queensland history and if so, whether it is important in that
context - whether the convent has a special association with the
life and work of the Sisters of Mercy - whether the convent is
important in demonstrating the principle characteristics of a
convent - where the appellant seeks an order that the appeal be
allowed and the decision of the Queensland Heritage Council be set
aside - that the convent be removed from the Register.
Delta
Contractors (Aust) Pty Ltd v Brisbane City Council [2017] QPEC
013
PLANNING AND ENVIRONMENT – APPEAL – appeal against a
refusal for a development permit for a Material Change of Use for a
warehouse with an ancillary office – site located in
residential area.
CONFLICT – conflict with planning scheme – whether
proposed development conflicts with City Plan 2014 and the
low density residential zone code.
AMENITY – whether the proposed development will result in
unacceptable amenity impacts.
GROUNDS – whether there are sufficient grounds to justify an
approval of the proposed development despite conflicts.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.