In the media
With more families in apartments, attitudes are
changing
Australian cities are growing rapidly. Echoing
international trends, higher-density housing will accommodate much
of this growth in the inner city. Such housing – mostly
apartments, townhouses and blocks of flats – is usually
associated with young urban professionals and the childless elite.
But families with children do live in apartments and even more will
do so in the future (3 September 2018).
More...
Tax regime 'holds back' fledgling build to rent
sector
Developers are facing reduced returns from build-to-rent
projects which in turn is disenfranchising a sector that could be
part of the affordable housing solution. Research released by CBRE
has underlined the three main taxes affecting apartments built for
lease rather than for sale (31 August 2018).
More...
Future of our marine parks secured
The Senate has endorsed the Turnbull Government's
marine park management plans, which brings all 60 Australian marine
parks under protection - the second largest system of protected
marine habitats in the world (16 August 2018).
More... More...
Victoria
Victorian town drives unique renewable energy
strategy
The small town in north-east Victoria is implementing a
solar energy strategy that will generate power off the grid, reduce
local demand for electricity during peak summer periods, and
decrease the price of energy (6 September 2018).
More...
Inner west blitz on dangerous goods continues
A WorkSafe and Environment Protection Authority Victoria
(EPA) blitz on industrial sites in the West
Footscray area is continuing, with 78 sites visited and 68
contraventions identified in relation to the handling and storage
of dangerous goods (6 September 2018).
More...
Building Victoria's largest virtual power plant
The Andrews Labor Government will help fund Victoria's largest virtual power plant, as part of a major investment in microgrid technology across Victoria. The Origin Energy Virtual Power Plant (VPP) will boost grid stability by discharging power from solar PV and batteries located at homes and commercial and industrial sites to reduce their power bills (5 September 2018). More...
Telstra called out for super-sized ad billboards
'masquerading' as payphones
Super-sized phone booths that also act as an electronic
billboard are being installed on Melbourne's crowded
foothpaths, bringing in significant ad revenue for Telstra without
the need for planning permits (3 September 2018).
More...
Phillip Island documents reveal multi-million-dollar
Coalition settlement with developers
The Andrews Government seizes on documents revealing the
Coalition struck a multi-million-dollar settlement with developers
over the rezoning of land on Phillip Island (3 September 2018).
More...
Protecting heritage gems on Queens Parade
Minister for Planning Richard Wynne has announced heritage
protection of a range of Queens Parade landmarks, as well as
interim height controls in the Clifton Hill/North Fitzroy precinct.
A new amendment introduces interim controls along Queens Parade to
guide heights and setbacks of new developments so they suit the
heritage character of the area (31August 2018).
More...
Two years on: Labor ban on fracking rock solid
Two years ago, the Andrews Labor Government permanently
banned the exploration and development of onshore unconventional
gas in Victoria, including hydraulic fracturing – or
'fracking' – and coal seam gas (30 August 2018).
More...
New South Wales
Charges laid by new water regulator
The Natural Resources Access Regulator
(NRAR) has issued a number of charges in the north
and south-west of NSW for various water offences allegedly
committed. The NRAR is the new independent water regulator in NSW
and commenced operations on 30 April 2018 (24 August 2018).
More...
Illegal waste storage 'criminally
negligent'
A man who illegally stored waste, including asbestos, at
a Hunter Valley waste facility has been fined $35,000 for actions
described by the Land and Environment Court as "criminally
negligent" (23 August 2018).
More...
New wildlife sanctuary to reintroduce extinct species to
NSW
Ten native mammals that have been extinct in New South
Wales for more than a century will be reintroduced to a national
park in the state's south-west (22 August 2018).
More...
Response to NSW Ombudsman water report
The NSW Government has accepted the recommendations from
the Ombudsman's final report into the management of water
across the State, after its tabling in Parliament (17 August 2018).
More...
Protecting the future of our marine estate
The NSW Government is seeking community views on a new
marine park proposal, which includes 25 sites between Newcastle and
Wollongong (16 August 2018).
More...
Popular plants fail to make cut for urban green
spaces
Funded under the Hort Innovation Green Cities Fund, and in
partnership with Macquarie University, Western Sydney University
(WSU) and the NSW office of heritage and the
environment, the Which Plant Where Project aims to improve future
planning outcomes to achieve greater environmental sustainability
in urban green spaces (16 August 2018).
More...
Short-term holiday letting policy given green
light
Short-term holiday letting will have tougher but fairer
regulation from 2019, after the NSW Parliament passed the
Government's plan for the industry. The mandatory Code will
come into force next year, and will apply to online accommodation
platforms, letting agents, hosts and guests across the State (15
August 2018).
More...
New South Wales bans combustible cladding
As of this week it will be an offence to use aluminium
composite panels in NSW, or be faced with major fines. Corporations
will be fined up to $1.1 million and individuals up to $220,000 for
use of the building product under the ban, which comes into action
August 15 (14 August 2018).
More...
Queensland
Stop Order issued on Broadway Hotel
To ensure the protection of the Broadway Hotel in
Woolloongabba, Minister for Environment Leeanne Enoch has issued a
Stop Order under section 154 of the Queensland Heritage Act 1992 (7
September 2018).
More...
New Councillor Code of Conduct to enforce higher
standards in Local Government
A new Councillor Code of Conduct spelling out the minimum
behaviour required of Local Government elected representatives has
been released (7 September 2018).
More...
Brisbane station to undergo multimillion-dollar transit
oriented development
Brisbane's Ferny Grove train station will experience
major transformation, with plans to revitalise the precinct into a
transport, retail and residential hub. Honeycombes Property Group
will deliver the new Transit Oriented Development
(TOD) (28 August 2018).
More...
Controversial north-west Brisbane neighbourhood plan to
be implemented
A controversial neighbourhood plan that received more than
700 submissions and has been debated for close to three years will
be implemented in September. The Ferny Grove-Upper Kedron
Neighbourhood Plan, which includes the Cedar Woods development, was
first proposed by Brisbane City Council in June 2014 (28 August
2018).
More...
Farm manager fined $10,000 for chemical misuse
The manager of an Emerald farm has been fined $10,000 in
the Emerald Magistrates Court for misusing agricultural chemicals
(29 August 2018).
More...
In practice and courts
Commonwealth
Festival of Urbanism coming to Sydney and Melbourne -
September 2018
For the first time, the Festival of Urbanism will be held
across Sydney and Melbourne on 4 September, with 18 events
challenging people to explore and engage with the built environment
in a new way. Click
here for more information.
Current and future impacts of climate change on housing,
buildings and infrastructure
Senate Environment and Communications References
Committee; Parliament of Australia: 13 August 2018
To understand the implications for Australia's
infrastructure, this report examines the evidence received about
recent changes to the climate system, terrestrial environment and
the marine environment that are relevant when considering future
challenges for housing, buildings and infrastructure. More...
Announcements, Draft Policies and Plans released 2018
New South Wales
Inclusive play space guidelines
Councils are encouraged to comment on new
Everyone Can Play in NSW design guidelines, which aim to make
play spaces across NSW more inclusive. The guidelines are intended
to provide a clear, practical reference for creating inclusive play
spaces that are accessible to everyone in the community. The
guidelines are on exhibition until 21 September 2018.
New building and subdivision certification provisions of
the EP&A Act postponed until 2019
The commencement of the new Part 6 provisions of the
Environmental Planning and Assessment Act 1979
(EP&A Act), which cover building and
subdivision certification, has been postponed until 1 September
2019. This will allow the sector time to adjust to other recent
significant changes to the Act and to building and fire safety
regulations.
More...
NSW Fair Trading: Proposed ban on the use of certain
types of aluminium composite panels
NSW Fair Trading Commissioner has given notice of her
intention to impose a building product use ban under the
Building Products (Safety) Act 2017. The intended ban will
prohibit the use of aluminium composite panels with a core
comprised of more than 30 per cent polyethylene by mass in any
external cladding in certain multi-storey buildings. The ban came
into force on 15 August 2018.
More...
Sydney Harbour National Park: exhibition of the Gap
Bluff Hospitality proposal and review of environmental
factors
Tell us what you think about the
Gap Bluff Hospitality proposal for the use of 6 buildings
located in Sydney Harbour National Park at Gap Bluff – Watson
Bay, South Head, Camp Cove and Green Point. The proposal is now
available for review and comment until 6 September 2018.
Draft Design Guide for Heritage
The draft Design Guide for Heritage is now on public
exhibition so community members and industry stakeholders can have
their say on what it should include to ensure heritage is protected
for future generations. Submissions closed on 17 August 2018.
More...
Queensland
Department of Environment and Science: Current
Prosecutions
Prosecution bulletin no 11/2018
Cases
Victoria
2426 Grenville Pty Ltd v Bayside CC (Red Dot)
[2018] VCAT 1338
NATURE OF CASE Application to develop an apartment
building on the subject land.
LOCATION OF PASSAGE OF INTEREST Paragraphs 29 - 43.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LAW – Issue of interpretation or application –
consideration of the mandatory garden area requirement in the
context of a permit application with a floor level below the
existing ground level.
LEGISLATION – Interpretation or application of statutory
provision.
PLANNING SCHEME – Interpretation or consideration of VPP
provision – identification of apparent oversight when
Amendment VC143 did not delete the words 'at ground level'
in clause 32.08-4 despite an intent to do so, as evident in the
'tracked changes' version of the clause.
Linard v Wellington Shire Council & Anor
[2018] VCC 1205
NUISANCE – Airborne litter discharged from a tip
entering onto the plaintiff's hobby farm - extent to which the
airborne litter was caught by intervening fences and tree lines -
extent to which any airborne litter contaminated the pasture on the
plaintiff's hobby farm - whether the interference with the
plaintiff's enjoyment and use of his hobby farm was both
substantial and unreasonable - steps taken by the defendants to
prevent airborne litter entering onto the plaintiff's hobby
farm - balancing the user and public utility of a tip against the
allegations of nuisance made by the plaintiff - utility of
injunctive relief - alternatively, whether the plaintiff had
suffered any financial loss - whether the hobby farm was a viable
and would produce a financial profit - methods of calculation of
the financial loss - alternatively, damages for inconvenience,
discomfort and intrusion - alleged interference neither substantial
nor unreasonable - plaintiff failed to prove any financial loss -
plaintiff failed to prove any inconvenience, discomfort and
intrusion beyond negligible.
Judgment: The plaintiff's proceeding is dismissed.
New South Wales
Samcourt Pty Ltd v Inner West Council
[2018] NSWLEC 1442
APPEAL – Development application –
permissibility – characterisation of use – whether
premises will be used for a 'creative purpose' – how
to achieve requisite state of satisfaction that premises will be
used for a 'creative purpose' – floor space ratio
– whether development consent can be granted notwithstanding
breach of the floor space ratio development standard –
consistency with the objectives of the standard – whether cl
4.6 request adequate.
Land Dynamics Pty Ltd v Port Macquarie Hastings
Council [2018] NSWLEC 1443
DEVELOPMENT APPLICATION - Koala linkages and corridors -
SEPP 44 - Port Macquarie Hastings LEP 2011 clause 7.5 - Koala Plan
of Management.
Georges River Council v Stojanovski
[2018] NSWLEC 125
CIVIL ENFORCEMENT – Development without necessary
consent – exercise of discretion to grant appropriate relief
– demolition ordered.
Environment Protection Authority v Edward
Gilder [2018] NSWLEC 119
ENVIRONMENTAL OFFENCES – Executive liability offence
- person concerned in the management of a company which caused a
place to be used as a waste facility without lawful authority
contrary to s 144(1) of the Protection of the Environment
Operations Act 1997 (NSW).
SENTENCING – Appropriate sentence for the offence –
determination of the objective seriousness of the offence and
subjective circumstances of the defendant – lower level of
objective seriousness – consideration of s 6 of the Fines
Act 1996 (NSW).
Wenli Wang v North Sydney Council
[2018] NSWLEC 122
DEVELOPMENT APPLICATION – Appeal against
Council's refusal of development application for demolition of
existing two storey residential dwelling and construction of three
storey residential dwelling – effect of a restrictive
covenant – weight to be afforded to a covenant where it is
set aside by planning instrument – assessment of view
loss.
Carlewie Pty Ltd v Roads and Maritime
Services [2018] NSWCA 181
ENVIRONMENT AND PLANNING – Land and Environment
Court – jurisdiction and powers – Commissioners –
court constituted by a judge assisted by a Commissioner –
language of judgment indicative of joint decision-making –
Commissioners not to adjudicate – whether judgment invalid on
basis that Commissioner adjudicated on matter.
ENVIRONMENT AND PLANNING – Land and Environment Court –
practice and procedure – Commissioners advising and assisting
judges – scope and limits of Commissioners' role.
WORDS AND PHRASES – "may assist and advise the Court,
but shall not adjudicate on any matter" – Land and
Environment Court Act 1979 (NSW), s 37.
Modog Pty Limited v North Sydney Council
[2018] NSWLEC 120
DEVELOPMENT APPLICATION - Residential flat building -
prohibited use - reliance on existing use rights - non-derogation
principles - applicability of non derogation principles to controls
in a development control plan - merit assessment of proposed
development on a first principles' qualitative basis without
regard to numerical controls in the relevant local environmental
plan, the Apartment Design Guide and the applicable development
control plan - qualitative assessment of the proposed development
having regard to the objectives of the development control plan but
setting aside all consideration of numerical controls - significant
unacceptable impacts would arise from the proposed development on
apartments in an adjoining property - unacceptable internal amenity
impacts if the development proposal was to be approved - proposed
development inappropriate in a streetscape context - impact on
significant tree unacceptable - proposed development not
appropriate to be approved.
APPEAL - Possible "amber light" approach - fall-back
option advanced by applicant - assessment of fall back option -
significant unacceptable impacts would remain on apartments in an
adjoining property if the fall-back option was approved -
unacceptable internal amenity impacts if the fall-back option was
to be approved - proposed fall-back option inappropriate in a
streetscape context - impact on significant tree would remain
unacceptable - proposed fall-back option not appropriate to be
approved - appeal dismissed.
Celik v Canterbury-Bankstown Council
[2018] NSWLEC 1430
MODIFICATION APPLICATION – Application to modify
consent to allow a mezzanine level in each garage of a dual
occupancy - conciliation conference - agreement between the parties
– orders.
Saffioti v Kiama Municipal Council
[2018] NSWLEC 1426
DEVELOPMENT APPLICATION - Existing use rights, the extent
to which Kiama LEP 2011 and Kiama DCP 2012 derogate from the
Applicant's existing use rights; impact of the proposed
development on native vegetation and an endangered ecological
community.
Initial Action Pty Ltd v Woollahra Municipal
Council [2018] NSWLEC 118
APPEAL – Appeal against a Commissioner's
decision on questions of law – refusal of development consent
– development contravened height development standard –
Commissioner not satisfied that contravention of development
standard justified – misinterpretation and misapplication of
cl 4.6 of Woollahra Local Environmental Plan 2014 – denial of
procedural fairness – determination based on issue and
evidence not pleaded or presented by parties – form of
remitter order – whether exclusionary remitter order
appropriate.
Legislation
Victoria
Environment Protection Amendment Act 2018
Date of assent: 28 August 2018 Act Number: 39/2018
New South Wales
Regulations and other miscellaneous instruments
Biodiversity Conservation Act 2016 — Final
Determination (2018-463) — published LW 24 August
2018.
Biodiversity Conservation Act 2016 — Final
Determination (2018-464) — published LW 24 August
2018.
Contaminated
Land Management (Adjustable Amounts) Notice 2018 (2018-467)
— published LW 24 August 2018.
Environmental
Planning and Assessment Amendment (Regional Planning Panel) Order
2018 (2018-469) — published LW 24 August 2018.
Water
Management (General) Regulation 2018 (2018-480) —
published LW 24 August 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.