Australia: Planning & Environment News - 20 February 2018

Last Updated: 23 February 2018
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, September 2018

In the media – National

Chinese rubbish ban 'could see end of kerbside recycling' in Australia
Australia's recycling industry feels the impact of China's ban on some imported recyclable rubbish, with industry leaders warning they cannot keep collecting recycling if there's nowhere for it to go (08 February 2018). More...

In the media – Victoria

Protecting communities and the resources Victoria needs
The Andrews Labor Government is ensuring quarries around the state are ready to supply raw materials for the new railways, roads, houses, hospitals and schools being built across the state. Through the project, the Government will partner with South Gippsland Shire and Wyndham City councils to undertake geoscientific investigations, to identify high quality extractive resources (09 February 2018). More...

In the media – New South Wales

New social and affordable housing for Green Square

CEFC finance will help leading community housing provider SGCH build over 80 new energy efficient social and affordable units, following the purchase of land at Alexandria from City of Sydney (06 February 2018). More...

Snapshot: Housing funding in the Hunter

Parliamentary Secretary for Planning and the Hunter, Scot MacDonald MLC, is encouraging everyone to have their say on a proposed scheme that could see up to $330 million injected into supporting new housing across the Hunter region over the next 20 years (30 January 2018). More...

Promoting the remediation of contaminated land in NSW
The NSW Government is proposing planning policy improvements that will provide greater clarity, guidance and consistency for the remediation of contaminated land. The Department is exhibiting an Explanation of Intended Effect (EIE) for a new Remediation of Land SEPP, as well as draft Planning Guidelines and is seeking comment from the community (30 January 2018). More...

In the media – Queensland

Community engagement begins on The Spit Master Plan
The community will have an opportunity to share their experiences of The Spit and their aspirations for its future at a series of pop-up engagement sessions throughout February and March as part of the consultation process for The Spit master plan (01 February 2018). More...

Indigenous groups return to court over disputed Adani native title deal
Two Indigenous groups are in Federal Court working to prevent Adani completing work that would extinguish their native title over part of the proposed Carmichael mine site (30 January 2018). More...

'Unusual' trial against Linc Energy over alleged contamination in Queensland
A landmark case described by a District Court judge as "unusual" will hear how gas company Linc Energy allegedly contaminated strategic cropping land causing serious environmental damage (30 January 2018). More... Linc Energy 'did nothing' to stop its alleged contamination continuing, court told Gas company Linc Energy was aware it was causing environmental damage to parts of Queensland's Western Downs, but allowed operations to continue, a District Court jury has heard (30 January 2018). More...

Destruction of Queensland's threatened forests gathers pace
Laws intended to protect Queensland's most-threatened forests are failing, with the most vulnerable forests falling even faster than other forests (29 January 2018). More...

In Practice and Courts

Funding for the future open to places from the past
Owners and managers of Australia's places with outstanding historic heritage significance to the nation can now apply for funding to help protect, conserve and raise awareness of the national treasures in their care. Applications are open until 8 March 2018 (02 February 2018). More... More...

Spray Drift Management
This proposed spray drift management approach from the Australian Pesticides and Veterinary Medicine Authority deals with buffer zones, label instructions and drift-reducing technologies (DRT). Submissions are invited until 30 March 2018. More...

Invitation to comment on 10 draft conservation advice documents
The Threatened Species Scientific Committee is seeking comments on the proposals for ten frog species. Consultation closes 2 March 2018. More...

Announcements, Draft Policies and Plans released 2017

Victoria

New Ministerial Direction
The Minister for Planning has issued a new direction - Ministerial Direction No. 18: Victorian Planning Authority Advice on Planning Scheme Amendments (08 February 2018).

Updated Practice Note

Planning Practice Note 55: Planning in open drinking water catchments, February 2018 includes updated links and references (08 February 2018).

Updated Planning Practice Notes

Planning Practice Notes 1, 2, 15, 16 and 43 have been updated to reflect Amendment VC142 (25 January 2018).

Planning Permit Activity Reports
The Planning Permit Activity Report for December 2017 and Q2 2017-18 are now available (25 January 2018).

New South Wales

Update on the Commencement of the new EP&A Act 01 March 2018
The commencement of the Environmental Planning and Assessment Act 1979 is scheduled for 1 March 2018. The Department's website has been updated to provide estimated commencement timeframes for the new measures. It also includes an unofficial consolidated version of the updated EP&A Act which is for information purposes and provides an initial look at the new Act. Additionally, a list has been prepared of the most commonly used sections of the Act that reflects the new numbering system

State Environmental Planning Policy (SEPP) for the remediation of land and the Contaminated Land Planning Guidelines Review
The Department is exhibiting an Explanation of Intended Effect (EIE) for a new Remediation of Land SEPP, as well as draft Planning Guidelines and is seeking comment from the community. Submissions are invited by 31 March 2018. More...

Queensland

PCA: proposed changes to Logan Auxiliary Unit Policy
The Property Council has provided feedback on the proposed changes to Logan City Council's Auxiliary Unit Policy, raising concerns with the proposed minimum lot size requirements and new infrastructure charges. The Property Council's submission in response to the proposals can be accessed here (08 February 2018).

EPBC Referrals: Invitation to comment
Rockhampton, QLD - Development of Clarke Creek Solar Farm and ancillary infrastructure.
2011/5979 - Port of Townsville Limited/Transport - Water/Cleveland Bay approx 3km east of Townsville/Queensland/Port of Townsville - Port Expansion Project – 05/02/2018.
Referrals under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) can be viewed on the Australian Environment Department's website.

Cases

Victoria

Dobson v Latrobe CC [2018] VCAT 148
Section 77 of the Planning and Environment Act 1987; Latrobe Planning Scheme; Rural Living Zone Schedule 3; Keeping and Breeding of Greyhound Racing Dogs; Planning Policy; Noise; Visual impacts. No permit.

Pirzas v Yarra CC [2018] VCAT 157
Section 77 of Planning and Environment Act 1987; Yarra Planning Scheme, Neighbourhood Residential Zone (NRZ1), Heritage Overlay (HO322), proposed part demolition and first floor extension to a contributory building; Heritage consideration and amenity impact. No permit.

Marshall v Nillumbik SC [2018] VCAT 159
Application under Section 77 of the Planning and Environment Act 1987 to review the refusal to grant a permit; Nillumbik Planning Scheme; Rural Conservation Zone Schedule 3; Bushfire Management Overlay; two lot subdivision; consent to re-build two dwellings destroyed in the Black Saturday bushfires and bushfire risk.

Western Region Environment Centre Inc v EPA [2018] VCAT 154
The Metropolitan Waste and Resource Recovery Group is joined as a respondent party in the proceeding. The Western Region Environment Centre Inc. (WREC) is a community group with a long-standing interest in the operation of the Wests Road landfill in Werribee. In the main proceeding, WREC seeks to review the EPA decision to grant a works approval for an expansion of the existing landfill, pursuant to s33B of the Environment Protection Act 1970 (EP Act).

Figliola v Mornington Peninsula SC [2018] VCAT 120
Application under Section 77 of the Planning and Environment Act 1987. Mornington Peninsula Planning Scheme. Four double storey-dwellings. Internal amenity. Neighbourhood character. External amenity.

Siciliano v Kingston CC [2018] VCAT 125
Application to review a decision to amend a permit. Section 82 of the Planning and Environment Act 1987. Kingston Planning Scheme; Green Wedge Zone A. Chain of parks. Existing use. Capping, closure and rehabilitation of landfill. Changes to fill heights proposed. Classic Repeat Appeal Characterisation of use and development where proposal extends onto adjoining land. Nett community benefit; Acceptable outcomes; Stormwater and drainage issues; landscaping.

Queensland

Petty v Brisbane City Council [2018] QPEC 002
APPEAL AGAINST APPROVAL OF DEVELOPMENT APPLICATION – where appellants local residents of the suburb of Camp Hill – where the respondent, the Brisbane City Council, approved development of a multi-unit development – where proposed development involved reconfiguration of a lot (four lots into two) – relocation and refurbishment of a pre-1946 heritage residential dwelling – where proposed development involved 16 units over three storeys.
WHERE CONFLICT WITH CITY PLAN 2014 CONCEDED BY DEVELOPERS AND BRISBANE CITY COUNCIL – where appellants alleged a number of conflicts with the city plan 2014 – where substantive conflicts concerned with conflicts with the Strategic Framework – conflict with the Traditional Building Character (Design) Overlay Code – where conflict alleged with the Low-Medium Density Residential Zone Code – where conflict alleged in respect of the Multiple Dwelling Code – where substantive dispute is whether the proposal is in conflict with City Plan 2014 by reference to its intended height, bulk and scale.
WHERE DEVELOPER AND BRISBANE CITY COUNCIL CONCEDE SOME CONFLICT WITH CITY PLAN 2014 – whether conflicts sufficient to warrant refusal in the absence of sufficient grounds – where respondent and co-respondent contend sufficient grounds exist to warrant approval notwithstanding conflict.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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Peter Holt
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