In the media – Victoria
Landmark legislation passes to protect Macedon
Ranges
Victoria's most iconic natural areas will now have
better developmental protection than ever before, thanks to the
passage of the Andrews Labor Government's Distinctive Areas
and Landscapes Bill 2017. The Bill will also complement the
ongoing development of the Macedon Ranges Localised Planning
Statement (24 May 2018).
More...
Another major project for growing Docklands
Minister for Planning Richard Wynne today turned the
first sod of construction to mark the start of works on the $67
million fresh food precinct, The Market, at The District Docklands.
The project is the next phase of a transformation of the Docklands
precinct. This development is in line with the Andrews Labor
Government's revamped Plan Melbourne 2017-2050 (15 May 2018).
More...
Cladding class action builds numbers for case
The law firm planning the country's first class
action over combustible building cladding is confident of getting
enough apartment owners to launch a case, despite the traditional
apathy faced by managers of owner (or body) corporate structures
(12 May 2018).
More...
In the media – New South Wales
New design guide puts heritage in front of mind
The Heritage Council of NSW has released a draft design
guide intended to make it easier to manage heritage design works
(18 May 2018).
More...
New mine subsidence development guidelines rolled
out
Subsidence Advisory NSW (SA NSW) has
announced changes to the approval process for development
applications in mine subsidence districts. Councils and Accredited
Certifiers can now approve low risk development applications
without requiring referral to SA NSW (15 May 2018).
More...
In the media – Queensland
In an era of troubled islands, multi-million-dollar
Queensland development is knocked back
A central Queensland council has knocked back a huge
resort-style development that has been more than a decade in the
planning. Gladstone Regional Council knocked back its application
on 17 grounds, claiming the resort was too big, not needed, would
disturb the coastline, and could take business away from tourist
towns 1770 and Agnes Water further down the coast. (17 May 2018).
More...
PCA: Parliament passes ban on developer donations
The Queensland Parliament has passed
legislation giving effect to a ban on political donations from
'property developers'. The Property Council has strongly
opposed the Bill on the basis that it singles out the property
sector for inequitable treatment under electoral laws (17 May
2018).
More...
Published
Inquiry into the implications of climate change for
Australia's national security
Senate Foreign Affairs, Defence and Trade References
Committee: 17 May 2018
This report makes numerous recommendations on how the Australian
government should respond to climate change risks, including the
development of a climate security white paper, to guide a
coordinated, whole-of-government response. More...
In Practice and Courts
Commonwealth
International Energy Agency's Energy in Buildings
and Communities Annual Report
The International Energy Agency's Energy in Buildings
and Communities (IEA EBC)
2017 Annual Report has been released outlining current, new and
completed projects. The Annual Report includes a review of research
projects that directly relate to the Mission Innovation Challenge
7: Affordable Heating and Cooling (18 May 2018). More...
Announcements, Draft Policies and Plans released 2018
QLS: Titles and property updates
The Registrar of Titles directions for the preparation of
plans have been updated. The directions detail the standards and
specifications for the types of plans acceptable to the Titles
Registry (23 May 2018).
More...
Other statutory instruments/statutory notices
REIQ sale of land contracts and GST on property
transactions
From 1 July 2018, there will be changes to how GST is
paid on the settlement of the purchase of new residential premises
or potential residential land subdivisions. The Australian Taxation
Office (ATO) has published information about these
changes on its
website.
Land Valuations Online
The new land valuation data for 2018 can be accessed
online
here.
Victoria
Government Land Planning Service – Have your
say
The Department of Treasury and Finance has requested
changes to the planning provisions for the following sites:
1548 Boorhaman Road, Boorhaman
owned by Department of Treasury and Finance;
49A Drummond Street, Creswick
owned by Department of Environment, Land Water and Planning;
15 Camp Street, Daylesford
owned by the Department of Justice and Regulation; and
3-9 Back Eildon Road, Thorton
owned by the Department of Education and Training. Submissions
on the proposed changes can be made to the Government Land Planning
Service until 8 June 2018.
More...
Cases
Victoria
Dailly Greyhound Farms Pty Ltd v Moorabool SC
[2018] VCAT 786
Application under Section 77 of the Planning and
Environment Act 1987 to review a decision to refuse to grant a
permit; Application under Section 114 of the Planning and
Environment Act 1987 for an enforcement order; Application
under Section 81(1) of the Planning and Environment Act
1987 to review a refusal to extend the time for completion of
development of a permit; Moorabool Planning Scheme; Farming Zone;
animal keeping and training for greyhound dogs; amended permits and
plans; noise; amenity; permit expiry and unauthorised
development.
LCM Calvary Health Care Holdings Ltd v Glen Eira
CC (Red Dot) [2018] VCAT
655
NATURE OF CASE - Application to redevelop the Bethlehem
Hospital including in-patient facility (sub-acute) public services
and base for outreach services, 83 bed residential aged care
facility, 69 independent living units/retirement village units,
medical suites and associated uses.
LOCATION OF PASSAGE OF INTEREST - Appendix A for question of law;
[227] – [237] regarding weighting of policies.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW –
issue of interpretation or application. Characterisation of the
independent living units/retirement village units.
LEGISLATION – interpretation or application of statutory
provision - Application of the transitional provisions in the
Neighbourhood Residential Zone.
POLICY – interpretation or application of policy - Weight
given to local policy acknowledging the role of the subject land as
a hospital and encouraging the co-location of facilities such as
residential aged care and retirement village with the purpose of
the Zone and character considerations.
Sargentson v Campaspe SC (Red Dot)
[2018] VCAT 710
NATURE OF CASE - Construction of two double storey
attached dwellings and an associated re-subdivision of two existing
lots into two newly configured lots.
LOCATION OF PASSAGE OF INTEREST - Paragraphs [6]-[85]
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE PLANNING
SCHEME – interpretation or consideration of VPP provision.
Consideration of the requirements of clause 32.08-4 of the General
Residential Zone of the Campaspe Planning Scheme, as well as the
meaning of the term Garden area defined in clause 72 of the
Scheme.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or
statutory provisions is required or desirable. In the process of
applying the provision to the proposal at hand, consideration was
given to whether further clarity could be provided as to the
intention of the provision.
Mobil Oil Australia Pty Ltd v Moreland CC
[2018] VCAT 770
Section 82 of the Planning and Environment Act
1987 (Vic); Application for amendment to existing permit;
Extent of Tribunal discretion in considering an amendment
application; Consideration of requirements of the Pipelines Act
2005 (Vic); Absence of easements or other protection over
pipeline.
Queensland
Singh Properties Pty Ltd v Scenic Rim Regional
Council [2018] QPEC 027
APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION –
for a development permit for a material change of use for a poultry
farm (expansion of existing farm) – where proposed
development would increase the existing poultry farm from four
sheds (approximately 200,000 birds) to 13 sheds (approximately
600,000 birds) and a manager's residence – where reasons
for refusal included inadequate setbacks – impacts on amenity
as a consequence of odour and dust – where reasons for
refusal included adverse impacts on existing and future rural
landscape character and, in particular, that it would not protect
air and water quality.
WHERE APPLICATION RAISED – air quality including
odour and dust – visual amenity – water quality and
sufficient setbacks
CONFLICT WITH PLANNING SCHEME – where proposed development
said to be in conflict with respondent's planning scheme
NEED – whether in circumstances where there was conflict
with the planning scheme sufficient grounds existed to warrant
approval notwithstanding conflict
WHETHER STAGED – monitoring programme of existing facilities
and each subsequent stages of expansion would justify
approval
PRELIMINARY APPROVAL – whether amendment of development
application to that of a preliminary approval avoided conflict with
the Planning Scheme – whether the appellant protocol
underpinning the amended application for preliminary approval
offended the finality test.
Lalis v Bundaberg Regional Council [2018]
QPEC 026
PLANNING AND ENVIRONMENT – APPEAL – where the
appellant owns land that is improved by two attached dwellings
where there is no development permitting use of the land for dual
occupancy – where council issued an enforcement notice
requiring use of the land to cease – whether the use of the
land is for "dual occupancy" – whether the use of
the land involves a "second dwelling".
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.