In the media – National
Trialling grid stability services provided by wind
farms
The Coalition Government, through the Australian Renewable Energy
Agency (ARENA), is providing almost $500,000 to a
north east Tasmanian wind farm to test the feasibility of wind
farms providing services that help stabilise the electricity grid
(08 March 2018).
More...
PCA: RBA analysis a powerful call for planning
reform
New quantitative evidence released today by the Reserve Bank of
Australia provides the strongest possible argument for reform of
Australia's planning systems. Property Council Chief Executive
Ken Morrison said the RBA's report, The
Effect of Zoning on House Prices, should be a compelling
call to action for federal, state and territory governments (08
March 2018).
More...
Recycling in Australia is in crisis. Can it be
fixed?
It turns out recycling is not so simple, and there are major
problems in the Australian industry. Industry leaders say there are
some very simple ways it can be repaired (05 March 2018).
More...
Historic Snowy Deal
The Turnbull Government has reached an agreement with the New South
Wales and Victorian Governments to take full ownership of Snowy
Hydro Limited in a deal that will deliver more than $6 billion in
Commonwealth funds for investments in infrastructure across both
states (02 March 2018).
More...
How big data can help with affordable
housing
A just-launched big data software platform is promising to help
affordable and co-housing developers easily locate appropriate
sites, including those currently off-market (08 March 2018).
More...
Stockland chief Mark Steinert says infrastructure spend
will help affordability
The massive spending on infrastructure in Australia's
major cities will make tracts of land on the urban fringe more
accessible and help address the housing
affordability challenge, according to the country's
biggest residential developer (01 March 2018).
More...
While politicians question the reality of climate
change, farmers and businesses act
One of Australia's biggest wine makers has already moved part
of its operation to a cooler climate and other industries are also
taking action. They're not waiting for the politicians to make
up their minds about the changing climate (05 March 2018).
More...
In the media – Victoria
Banning combustible cladding in Victoria
Minister for Planning Richard Wynne today released new ministerial
guidelines to building surveyors – a key recommendation of
the Victorian Cladding Taskforce – which focuses on buildings
where people sleep or gather. The new ministerial guidelines spell
out precisely what can't be used on Victorian building sites
for suppliers and practitioners in the building chain, spelling an
end to the use of dangerous, flammable materials (10 March 2018).
More...
In the media – New South Wales
Prosecutions begin for water compliance
breaches
Water NSW has now finalised lengthy investigations into compliance
matters and this week they have begun several prosecution
proceedings in the NSW Land and Environment Court (08 March 2018).
More...
City of Sydney pushes for a net zero office
sector
Increased building standards, mandatory disclosure of NABERS
tenancy ratings and increased amounts of renewables are being
pushed by the City of Sydney in a bid to get office buildings to
net zero by 2050 (06 March 2018).
More...
$37 million in conservation funding for
landholders
The NSW Government has committed $37 million for the opening
programs from the new NSW Biodiversity Conservation Trust
(BCT), Environment Minister Gabrielle Upton
announced 2 March (02 March 2018).
More...
Independent panel on mining in Sydney's drinking
water catchment
World leading experts in mining and water will be part of a new
Independent Expert Panel on Mining in Sydney's Drinking Water
Catchment (02 March 2018).
More...
A community focussed EP&A Act and new strategic role
for councils takes effect
Early community engagement and an elevated strategic role for NSW
councils are two of the key changes to the Environmental Planning
and Assessment Act 1979 (EP&A Act) that come
into effect from today, having passed through Parliament late last
year (01 March 2018).
More...
IHAPs to bring transparency and accountability to DA
assessment
Newly legislated Independent Hearing and Assessment Panels
(IHAPs), which come into effect from today, will
benefit communities by bringing transparency and accountability to
development assessments (01 March 2018).
More...
More...
NSW Green Star brand caught up in waste
scandal
NSW construction waste sent to Queensland for recycling is instead
ending up dumped in landfill, a Fairfax investigation this week has
revealed, raising fears that the practice could compromise the
legitimacy of NSW Green Star ratings (01 March 2018).
More...
Independent PAC to decide on Jupiter Wind Farm
proposal
The Department of Planning and Environment has referred the Jupiter
Wind Farm proposal to the independent Planning Assessment
Commission for final decision, finding that the project should be
refused (27 February 2018).
More...
In the media – Queensland
Southport Spit master planning consortium
appointed
South East Queensland's John Gaskell Planning Consultants and
Deicke Richards have been appointed to help prepare The Spit Master
Plan (09 March 2018).
More...
PCA: Developer donations bill reintroduced to
parliament
The Queensland Government has re-introduced the
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018. Reforms
contained within the Bill are expected to be applied
retrospectively from 12 October 2017. The Bill has been opposed by
the Property Council on the basis that it singles out the property
sector for inequitable treatment under electoral laws, and unduly
brands Queensland's biggest non-government employer as a
corruption risk (08 March 2018).
More...
New tree clearing laws introduced to
Parliament
Natural Resources Minister Dr Anthony Lynham today introduced
tree-clearing reforms to Parliament. New, more accurate vegetation
maps were also released today for the entire state, the first major
review of major update to vegetation and ecosystem mapping in five
years (08 March 2018).
More...
New online tool shows latest land
valuations
Queenslanders can now access real-time property data showing the
state's latest land valuations (07 March 2018).
More...
Solar farm forums shine a light on new planning
guidelines
New planning and community engagement guidelines are in development
to guide Queensland's solar farm boom (07 March 2018).
More...
Queensland land values increase
Queensland's Valuer-General Neil Bray said the 2018 Property
Market Movement Report shows improved land values in a number of
major urban and farming areas across the state. These new land
valuations are available from 7 March and will provide new
valuations for 22 local government areas on the basis of each
area's recent land sales history and the state of the
surrounding economy (05 March 2018).
More...
Government apologised to landholders suspected of
planning unlawful clearing
Environment department originally wrote to 51 landowners asking
them to show why planned clearing was not illegal, but later
reversed course after lobbying from Queensland MPs (02 March 2018).
More...
QRU confident Ballymore's case stacks
up
The Queensland Rugby Union has renewed a push for funding to
redevelop the ageing Ballymore Stadium and build a new
high-performance centre and grandstand. The Queensland Rugby Union
(QRU) is renewing a push for a redevelopment of
its land in the inner-city Brisbane suburb of Herston, which is
zoned for sport and recreation use (28 February 2018).
More...
Family-owned chicken farm expansion
rejected
A Poultry farmer says red tape has halted his plans to expand to
more than half a million chickens after an appeal court ruled this
week that foul odours would be too strong for the community (28
February 2018).
More...
In Practice and Courts
Victoria
Land Use Terms
Submissions are invited on the
Land Use Terms Advisory Committee's Discussion Paper.
The Advisory Committee appointed to review and recommend
improvements to land use terms and their definitions in Clause 74
of the VPP has released a Discussion Paper for public comment by 3
April 2018 (02 March 2018).
Approvals
GC093 (Brimbank, Hobsons Bay, Maribyrnong, Melbourne, Port of Melbourne and Wyndham) facilitates delivery of the West Gate Tunnel Project: in accordance with the incorporated document; makes the Minister for Planning the responsible authority for administering and enforcing the relevant planning schemes in relation to the project; and introduces Design and Development Overlay controls to the Hobsons Bay and Maribyrnong planning schemes to ensure future development does not compromise the structural integrity or project infrastructure. GC93 introduces a new but identical control to that revoked by Parliament on 7 March 2018.
VC144 changes the Victoria Planning Provisions and all planning schemes by: amending Clause 52.05 (Advertising signs) to specify 'electronic sign' in Section 2 of Category 3 - High amenity areas (Clause 52.05-9), with a condition that the advertisement area must not exceed three square metres increasing the size of the permitted maximum advertisement area of a 'promotion sign' in Section 2 of Category 3 from two to three square metres amending Clauses 52.05 and 73 to replace the term 'home occupation' with 'home based business' correcting minor errors in Clauses 52.05 and 62.
Announcements, Draft Policies and Plans released 2017
New South Wales
Local Planning Panels referral criteria
Referral criteria for mandatory local planning panels no longer
include the widely-anticipated $5m value-of-development threshold
trigger. The NSW Government's decision to remove the value
threshold trigger of $5m was made following feedback from affected
councils and industry in November 2017. Councils raised concerns
about the number and type of applications that would be captured by
the proposed $5m threshold criteria (09 March 2018).
More...
Implementation update – changes to
Environmental Planning and Assessment Amendment Act
1979
Many of the amendments to the Environmental Planning and
Assessment Act 1979 made by the Environmental Planning and
Assessment Amendment Act 2017 are proposed to commence on 1
March 2018.
More...
More...
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...
State Environmental Planning Policy (SEPP)
review
The NSW Department of Planning and Environment
(DP&E) has released its Explanation of
Intended Effect (EIE) for a State Environmental
Planning Policy that aims to simplify planning rules for a number
of water catchments, waterways, urban bushland, and Willandra Lakes
World Heritage Property. More...
Cases
Victoria
Stockwood Design v Whitehorse CC [2018] VCAT
318
Section 77 of the Planning and Environment Act 1987;
Whitehorse Planning Scheme, Neighbourhood Residential Zone
(NRZ 3), Significant Landscape Overlay
(SLO9); proposed two side-by-side double storey
dwellings in a Bush Suburban Character area; design response to
preferred and existing neighbourhood character. No permit.
Atheve Pty Ltd v Darebin CC [2018] VCAT 264
Darebin Planning Scheme; Repeat Appeal; Proposal for 4-storey
building with 12 dwellings and an office; Commercial 1 Zone;
Bedsits; Internal amenity; Mechanical parking; Parking adequacy;
Laneway access; Traffic impacts; Degree of housing intensity and
diversity; Design and built form.
New South Wales
Ozzy States Pty Ltd v Inner West Council [2018] NSWLEC
1120
DEVELOPMENT APPLICATION – new application for alterations and
additions to an agreed approved but not constructed development
rather than a modification application; heritage impacts; FSR
non-compliance; clause 4.6 request; height, bulk and scale;
heritage context; excess parking; resident objections; public
interest; precedent.
Otium Capital DT Pty Ltd trading as Otium Capital Discretionary
Trust v City of Canada Bay Council [2018] NSWLEC
1115
DEVELOPMENT APPEAL: Alterations and additions to an existing
heritage building for reuse as a childcare centre – impact on
the significance of the item – traffic and parking –
whether the proposed boundary setback is appropriate – public
submissions – refusal upheld.
Platford v van Veenendaal and Shoalhaven City Council
[2018] NSWLEC 27
JUDICIAL REVIEW – development consent for dwelling in coastal
zone – boathouse arm of development at risk of coastal
inundation – condition of consent required maintenance of
existing seawall – whether council the consent authority
– whether council considered height controls applying to the
boathouse arm – whether council considered effects of coastal
inundation on the screen wall of the boathouse arm – failure
to consider relevant matters established.
Spiteri v Randwick City Council [2018] NSWLEC
1113
Development Application: additions and alterations to an existing
boarding house; SEPP Affordable Rental Housing; local character at
front and rear; motorbike parking in front setback.
Benson McCormack Pty Ltd v Northern Beaches Council [2018]
NSWLEC 1117
DEVELOPMENT APPLICATION: demolition of all existing improvements
and construction of shop top housing; excessive height; inadequate
landscaping; inadequate acoustic and visual privacy; view loss;
poor streetscape appearance; resident concerns.
Denning Tweed Heads Pty Ltd v Tweed Shire Council [2018]
NSWLEC 1108
DEVELOPMENT APPLICATION: Subdivision for 59 residential allotments
and one residual allotment; proximity to the Gold Coast Airport and
impact of aircraft noise; impact on endangered ecological
communities; stormwater.
Fleetqueen Pty Ltd v Newcastle City Council [2018] NSWLEC
1105
DEVELOPMENT APPLICATION: multi-dwelling housing development;
consistency with R2 zone and local planning strategy; lack of
respect to amenity and local character.
Ku-ring-gai Council v Antony Comanos [2018] NSWLEC
24
APPEAL – appeal from decision of Local Court pursuant to
s42(2B)(b) – appeal limited to a question of law –
whether appeal gives rise to a question of law alone –
defendant charged with carrying out development without consent
– whether the development exempt development – meaning
of pathway in Exempt and Complying Codes SEPP – no legal
error disclosed – appeal dismissed.
Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd and
ors [2018] NSWLEC 1089
DEVELOPMENT APPLICATION: designated development; third party appeal
against approval for construction and operation of a marina;
inadequate contamination assessment; impact on the Georges River
water quality; absence of owners consent for work within the
Georges River; inadequate access arrangement for construction
vehicles from a classified road; inadequate information in relation
to future use and planning of the public areas along Georges
River.
Secretary, Department of Planning and Environment v Shoalhaven
Starches Pty Ltd [2018] NSWLEC 23
ENVIRONMENT AND PLANNING - prosecutions for failure to disclose
political donations - disclosure required when making applications
for modifications to approved development - five charges - early
guilty pleas - for four charges, failure to disclose multiple
donations - disclosure made of corporate donations but not of
reportable donations made by a director. SENTENCING -
characterisation of offences - failures due to reckless
indifference or negligence of the Defendant's company secretary
to be regarded as aggravating factor - Defendant's prior
environmental convictions not a factor of aggravation - very
limited subjective factors in Defendant's favour - approach to
consideration of offences collectively - offences with multiple
failures to declare being toward the upper end of the range -
offences with single failure to declare being in the middle of the
range - accumulation and totality where multiple offences - fines
imposed SENTENCING - publication orders - availability to be
ordered when legislation providing for them came into force after
commission of one of the offences - legislative prohibition on
retrospective application of increased penalty - publication order
made with respect to four of the five charges CRIMINAL PROCEDURE -
Prosecutor's application for moiety of fines imposed -
appropriate to make an order in present circumstances.
Queensland
Trevorrow v Council of the City of the Gold Coast [2018] QCA
019
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – CONSENTS, APPROVALS, PERMITS AND
AGREEMENTS – WHAT CONSTITUTES CONSENT – whether
pursuant to the Sustainable Planning Act 2009 (Qld) a
registered proprietor of a lot of freehold land is liable to the
local council for an infrastructure charge, raised upon a decision
notice approving an application for a development permit for a
material change of use, where the application is made by a third
party with the proprietor's consent.
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
GENERAL MATTERS – PLANNING SCHEMES AND INSTRUMENTS –
POWERS WITH RESPECT TO PLANNING SCHEMES – whether there is an
obligation upon a registered proprietor which could engage the
operation of s639 of the Sustainable Planning Act 2009
(Qld) where an infrastructure charge is raised upon a decision
notice approving an application for a development permit for a
material change of use, where the application is made by a third
party with the proprietor's consent.
K & K GC Pty Ltd v Gold Coast City Council [2018] QPEC
009
PLANNING AND ENVIRONMENT – APPEAL – appeal against
refusal of a development application seeking a development permit
for material change of use for a service station, coffee shop with
drive-through lane and takeaway food premises – whether there
is conflict with the planning scheme – whether the use will
have unacceptable impacts on the adjoining residential uses –
whether the proposed development will have unacceptable impacts on
the character and amenity of the area – whether there is a
need for the proposed development – whether there are
sufficient grounds to approve the development despite conflict with
the planning scheme – whether the new planning scheme ought
be given determinative weight.
United Petroleum Pty Ltd v Gold Coast City Council [2018] QPEC
008
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF
APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE TO
DEVELOP SERVICE STATION AND A SHOP – whether decision to
approve the development would conflict with the 2003 Planning
Scheme – amenity – perceptions and reasonable
expectations – noise, air, amenity and lighting –
privacy – streetscape/character/visual amenity –
location – need -whether there are sufficient grounds –
whether there is conflict with the 2016 Planning
Scheme.
Trowbridge v Noosa Shire Council [2018] QPEC
007
PLANNING AND ENVIRONMENT – APPEAL – JURISDICTION
– PIECEMEAL ARGUMENT – preliminary legal point in an
appeal against a refusal for a development application for a
material change of use – where the co-respondents by election
allege the development application was piecemeal – whether
co-respondents by election can advance piecemeal argument in such
an application – whether piecemeal argument should succeed in
the context of common property in general and Exclusive Use Areas
in particular.
Development Watch Inc & Anor v Sunshine Coast Regional Council
& Anor [2018] QPEC 006
ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL –
CONSENTS, APPROVALS, PERMITS AND AGREEMENTS – DEVELOPMENT
AGREEMENTS Where the Council approved a development for land the
subject of stage 3 of a previously approved development and where
stages 1 and 2 have been completed – where development of the
final stage has not been undertaken over some 15 years –
where the development application sought development permits to
reconfigure the lot and for material change of use – where
there is an appeal by submitters to the development assessment
– whether there is a conflict with the Maroochy Plan
2000, including having regard to acceptable measures provided
in the Code for Reconfiguring a Lot – whether despite any
conflict, there are sufficient grounds justifying approval of the
development.
Legislation
Commonwealth
Airports Amendment (Sydney West Airport Site) Regulations
2018
09/03/2018 - These regulations amend the Airports Regulations
1997 to excise certain parcels of land from the Sydney West
Airport Site definition under Part 1.19A(1) of Schedule 1 of the
Airports Regulations 1997.
Queensland
Subordinate legislation as made – 09 March
2018
No 23:
Vegetation Management (Regional Ecosystems) Amendment
Regulation 2018
No 24:
Vegetation Management (Clearing Codes) and Other Legislation
Amendment Regulation 2018
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.