In the media
Lack of network planning threatens Australia's
renewable electricity future, expert warns
Huge renewable energy resources have been identified
across Australia, but planning is lagging to develop a grid network
suitable for the transformation that gives certainty to
stakeholders (22 November 2018).
More...
Global efforts 'need to triple' by 2030 to hold
warming at 2C
The UN's 2018 Emissions Gap Report sounds yet another
dire warning for global policy makers, listing Australia as one of
a number of G20 countries that will not meet their Paris targets by
2030 (28 November 2018).
More...
Greater Commonwealth leadership needed on cities
Prime Minister Scott Morrison's comments about setting
migration caps to alleviate congestion pressures in in our biggest
cities are an interesting response to a highly contentious issue,
according to the Planning Institute of Australia
(PIA) (21 November 2018).
More...
Queensland
Stop Order extended for Broadway Hotel
The Palaszczuk Government is taking further action to
protect the historical Broadway Hotel at Woolloongabba and has
extended a Stop Order notice (30 November 2018).
More...
Show-cause notice issued to owner of fire-ravaged
Broadway Hotel
The owner of the fire-ravaged Broadway Hotel in
Brisbane's south has been issued with a 'show cause'
notice from Brisbane City Council over the building's
dilapidated state. In September, the derelict Woolloongabba pub on
Logan Road was gutted by a suspicious fire, further destroying the
building's fragile infrastructure (27 November 2018).
More...
South Bank master plan to guide future of the
people's place
Thirty years since South Bank hosted World Expo '88,
the Palaszczuk Government and South Bank Corporation will develop a
new master plan to revitalise the 'people's place' for
the next 30 years and beyond (27 November 2018).
More...
Palaszczuk Government takes next step in mining
rehabilitation
The Palaszczuk Government released a discussion paper on
options for residual risk management of mine sites. Minister for
Environment Leeanne Enoch said the environmental regulator can
request a residual risk payment from resource companies to cover
potential rehabilitation costs incurred after surrender of an EA
has been accepted and
financial assurance has been returned (19 November 2018).
More...
Battery grants drive next renewable wave
The next wave of Queensland's renewable revolution
will start, when grants become available for households and small
businesses to install batteries to store their solar power (18
November 2018).
More...
More than 10,000 responses to The Spit master plan
options
Gold Coast residents have logged more than 10,000
responses on the 72 options presented for the seven Spit precincts,
with the Top of The Spit so far drawing the most feedback (17
November 2018).
More...
Call-in proposed for Bargara Jewel development
Minister for State Development, Manufacturing,
Infrastructure and Planning Cameron Dick has proposed a ministerial
call-in of the approved Esplanade Jewel development at Bargara,
near Bundaberg (16 November 2018).
More...
NSW
Sydney apartment owners face $12.5 million bill to
remove flammable cladding
Hundreds of apartment owners in an inner-city development
have been told they may have to cough up $45,000 each in special
levies to cover the estimated $12.5 million cost of removing and
replacing 10,000 square metres of potentially deadly flammable
cladding (02 December 2018).
More...
Planning reforms proposed for boarding houses
The NSW Government is considering reforms to cap the
number of boarding rooms allowed in a boarding house development in
low-density residential zones to a maximum of 12 per site (28
November 2018).
More...
Multi million dollar asbestos dumping fines
Asbestos dumpers now face multi-million dollar fines under
new laws passed by the NSW Government (22 November 2018).
More...
NSW Water Regulator increases reach to help communities
comply
The Natural Resources Access Regulator
(NRAR) Chief Regulatory Officer Grant Barnes said
getting more boots on the ground is crucial for effective education
and enforcement of the water regulation laws. (22 November 2018).
More...
Ten minute grace period for parking fines
From 31 January 2019 motorists will be given a ten minute
grace period for parking fines after paying for at least one hour
of parking and receiving a physical ticket or coupon (20 November
2018).
More...
EPA targets illegal waste transporters
The NSW Environment Protection Authority
(EPA) has joined forces with police, the ACT
Government and local councils, targeting rogue operators supplying
waste soil from construction sites marketed as "clean
fill" to unsuspecting property owners (19 November 2018).
More...
Victoria
Apple at Fed Square pushed back a year, as Andrews
confirms support
Plans to demolish part of Federation Square to make way
for a new Apple store have been pushed back a year but Premier
Daniel Andrews says his re-elected government continues to support
the project. The plan was set back by a Heritage Victoria
recommendation the civic space be added to the heritage register
(30 November 2018).
More...
EPA grants Australian Paper waste facility works
approval
EPA has granted Paper Australia Pty Ltd
(Australian Paper) a Works Approval to develop a
large-scale, waste to energy facility in Victoria (29 November
2018).
More...
Wodonga's first cinema complex at Junction Place
gets green light
Construction of Wodonga's first cinema and
entertainment complex will commence at Junction Place in mid-2019,
following approval of the plans by the City of Wodonga (20 November
2018).
More...
In practice and courts
Commonwealth
Draft native title reforms
The Attorney-General and the Minister for Indigenous
Affairs on 30 October 2018
released exposure drafts of the Native Title Legislation
Amendment Bill 2018 and Registered Native Title Bodies Corporate
Legislation Amendment Regulations 2018. Copies of the exposure
draft legislation, along with a public consultation paper and fact
sheets summarising the proposed amendments are available
here.
Announcements, Draft Policies and Plans released 2018
Queensland
PCA: Brisbane City Council Planning Amendments
Proposed changes to the Brisbane City Plan
(2014) would see retirement and aged-care
incentives provide developers with an additional two storeys in any
zone, which would allow the industry to more easily meet the
increasing housing demands of the aging population (29 November
2018).
More...
City Plan amendments: Adopted
Current Amendment v13.00/2018 - effective 23 November
2018
Minor and Administrative Amendment included: update and reflect the
regulated requirements of the Planning Regulation 2017;
update mapping to reflect current development approvals including
Consent Orders of the Planning and Environmental Court; update and
reflect current Council policies and infrastructure design
standards.
Notice of Adoption of adopted minor and administrative
amendments to Brisbane City Plan 2014 pursuant to Section 3 of Part
1 (administrative), Section 6 of Part 2 (minor) of Chapter 2 of the
Minister's Guidelines and Rules and minor and administrative
amendments to planning scheme policies pursuant to Section 5 of
Part 1 of Chapter 3 of the Minister's Guidelines and
Rules
The amendments apply citywide and to land in parts of
Banyo, Belmont, Boondall, Bracken Ridge, Bridgman Downs, Brighton,
Calamvale, Carina Heights, Carindale, Carseldine, Chapel Hill,
Clayfield, Doolandella, Ellengrove, Enoggera, Everton Park, Fig
Tree Pocket, Hawthorne, Heathwood, Hemmant, Kenmore, Manly West,
McDowall, Milton, Mitchelton, Nudgee, Oxley, Pallara, Parkinson,
Richlands, Rochedale, Seven Hills, Stones Corner, Stretton, Upper
Kedron, Wacol, Wakerley and Yeronga and will commence on Friday 23
November 2018. The amendments can also be accessed by searching for
'Brisbane City Plan amendments' here (23 November
2018).
Prosecution Bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
More...
Department of State Development Consultations
Draft Townsville State Development Area Development
Scheme
Australia Pacific LNG project - application for proposed change to
a condition of the project Closes 14 December 2018
Cross River Rail Project – application for proposed change to
the project Closes 21 December 2018
Gladstone Energy and Ammonia project - draft terms of reference for
environmental impact statement Closes 21 December 2018
Draft EIS for KUR-World Integrated Eco-Resort Project Closes 14
January 2018
Investigation into a potential state development area to support
the Tropical North Global Tourism Hub Closes 15 February
2018
NSW
Apply to become a NSW Site Auditor
The EPA is calling for applications from appropriately
qualified and experienced people to become accredited site auditors
(25 November 2018).
More...
NSW Land and Environment Court
The Practice Note – Class 2 Tree Applications dated
13 May 2014 has been replaced with a new
Practice Note that adds a paragraph to direction 10 of the
Usual Directions found in
Schedule A. The new Practice Note commences on 1 December 2018
(22 November 2018). More...
St Leonards and Crows Nest 2036
The Department has released a draft planning package for
St Leonards and Crows Nest for community feedback. The draft
planning package is on public exhibition until 3 December 2018. You
are invited to review and provide feedback on the documents
here.
NSW water metering framework
The NSW Government is committed to implementing a robust
new metering framework to measure and meter water take in NSW. The
new framework is a commitment under the NSW Government's Water Reform
Action Plan. The regulation will commence on 1 December 2018.
More...
Department of Planning: Have Your Say
Policies
Draft amendment to the Affordable Rental Housing SEPP Closes
19/12/2019
Cases
Queensland
Hobson Constructions (Qld) Pty Ltd v Chief Executive
Administering the Planning Act & Anor
[2018] QPEC 56
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND - STATUTES -
INTERPRETATION - FUNCTION OF COURT Where a development approval has
been given by the Court – where conditions which were the
subject of a response of a referral agency were part of that
approval - where application is subsequently made for minor change
to development approval – whether the referral agency or the
Court is the responsible entity under section 78 of the Planning
Act.
Body Corporate for Lindor and Planit Consulting Pty Ltd v
Gold Coast City Council [2018] QPEC
54
PLANNING AND ENVIRONMENT – SUBMITTER APPEAL AGAINST
APPROVAL of a high rise mixed use development – where the
council approved the application but contended that the appeal
should be allowed – extent of conflict with 2003 planning
scheme – weight to be given to 2016 planning scheme –
height and scale, density, site coverage, set backs, amenity, plot
ratio, landscaped areas, minimum site area, podium and tower
design, reasonable expectations – whether sufficient grounds
to justify approval notwithstanding conflict – whether height
and density provisions overtaken by events – infill higher
density development – character, amenity and consistency of
built form, traffic benefit, open space, need and economic
benefits, optimising development, whether conflict mitigated by
2016 planning scheme.
Baker v Department of Natural Resources &
Mines [2018] QCAT
375
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant had been convicted of a vegetation clearing offence
– where the applicant was consequently issued with a
restoration notice and new Property Map of Assessable Vegetation
(PMAV) by an authorised delegate of the Chief
Executive of the Department of Natural Resources and Mines pursuant
to the Vegetation Management Act (VMA)
– where applicant applied for internal review of that
decision and was unsuccessful – where applicant applied to
the Tribunal for external review of that decision – where
interim application filed to address jurisdictional matters –
where the applicant contends the Tribunal does not have
jurisdiction on the basis that s 54B of the VMA required the
Respondent to 'reasonably believe' a person has committed a
vegetation clearing offence which does not extend to actual
knowledge of a criminal conviction – where the applicant
contends the Tribunal does not have jurisdiction on the basis that
the Respondent's decision to issue a new PMAV was defective as
it should have been made under only one subsection of s 20B of the
VMA.
Compost Works Pty Ltd v Bundaberg Regional
Council [2018] QPEC 55
PLANNING AND ENVIRONMENT – APPLICATION TO STRIKE OUT
APPEAL – where the appellant does not own the land the
subject of the appeal – where the registered owner gave
consent but has purported to withdraw it – where the
respondent brings an application to strike out or dismiss the
appeal on the basis the owner no longer consents – where
there has been no disclosure – whether the proceeding is a
clear futility.
McDonald v Holeszko [2018] QDC
204
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL
AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – where the
appellant was found guilty of six offences of carrying out
assessable development without an effective development permit
– whether the learned magistrate had fallen into error in
finding the appellant guilty – whether the fine and costs
imposed by the learned magistrate were manifestly excessive –
whether the appellant was bound by the provisions of the
Sustainable Planning Act in respect of the vegetation on
his freehold land, despite being the registered title owner of that
land – whether a belief by the appellant that he was entitled
to clear vegetation was a defence to the charges.
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR
GROUNDS OF APPEAL – FRESH EVIDENCE – AVAILABILITY AT
TRIAL, MATERIALITY AND COGENCY – where the appellant sought
to rely on new evidence – where the appellant was granted
leave to argue the issue of the admissibility of an affidavit
– where the respondent was not taken by surprise –
where the material was available to the appellant at the time of
the Magistrates' Court trial.
NSW
Muswellbrook Shire Council v Hunter Valley Energy Coal
Pty Ltd (No 3) [2018] NSWLEC 193
JUDICIAL REVIEW – whether condition of mine approval
requiring rehabilitation strategy to be prepared imports objective
requirements as to content of the strategy – whether
rehabilitation strategy meets the definition of rehabilitation
strategy in the conditions of consent – whether Secretary was
able to form opinion of satisfaction in respect of the strategy
prepared JUDICIAL REVIEW – whether Secretary failed to take
mandatory considerations into account – whether
Secretary's state of satisfaction with respect to
rehabilitation strategy was legally unreasonable EVIDENCE –
admissibility of expert evidence – criteria which need to be
established for expert evidence to be admitted –
considerations which go to admissibility – considerations
which go to weight PLANNING AND ENVIRONMENT – construction of
development consents – whether document explicitly
incorporated into development consent – circumstances in
which it is appropriate to consider extrinsic material in
construing development consent.
Duong v Wollongong City Council
[2018] NSWLEC 1606
APPEAL – development application – boarding
house – resident objections – whether compatible with
character of local area.
AMT Planning Consultants Pty Ltd t/as Coastplan
Consulting v Central Coast Council [2018]
NSWCA 289
PLANNING LAW – existing use rights –
development consents granted in 1980 and early 1983 for use as a
caravan park – conditions restricted use of the caravan park
to short term accommodation – use as a caravan park
prohibited from 5 May 1983 – whether existing use rights as a
caravan park limited to short term accommodation – whether
conditions can be taken into account in characterising existing use
– whether a condition referring to the Council's Caravan
Code had an ambulatory operation.
Geeves v Inner West Council
[2018] NSWLEC 1601
DEVELOPMENT APPLICATION: Boarding house – whether
the floor space ratio control is exceeded – whether the
maximum room size standard is exceeded - no variation to
development standard sought - no power to consent to application
– directions not warranted.
Lee v Woollahra Municipal Council
[2018] NSWLEC 1597
DEVELOPMENT APPLICATION: refusal of the application by the
Local Planning Panel; no contentions raised by the respondent;
contributory building in the Woollahra Heritage Conservation Area;
demolition of existing dwelling house and construction of a new
dwelling house, pool and landscaping works.
Victoria
Residential Aged Care Services v Stonnington City
Council [2018] VSC 652
PLANNING – Residential aged care facility –
Decision of Victorian Civil and Administrative Tribunal –
Leave to appeal – Appeal – Mixed use zone –
Heritage overlay control – Minimal change area –
Failure to consider relevant matters – Unreasonableness
– Disclosure of a path of reasoning – Denial of natural
justice – Built form – Urban design – Heritage
Guidelines – Victorian Civil and Administrative Tribunal
Act 1998 (Vic), s 117(5), s 148; Planning
and Environment Act 1987 (Vic), s 60(1), s
84B(1), s 84B(2).
631 Plenty Road Preston Pty Ltd v Darebin CC (Red
Dot) [2018] VCAT 1849
Interpretation of Standard D24 of clause 58.07-1 which
relates to functional layout objectives.
LOCATION OF PASSAGE OF INTEREST Paragraphs 65 - 96
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE PLANNING SCHEME
– interpretation or consideration of VPP provision -
Interpretation of Standard D24 of clause 58.07-.
Brooks v Victoria Police (Review and
Regulation) [2018] VCAT
1833
Freedom of Information Act 1982 ss 25, 31(1)(d),
33(1), 35(1)(b) and 50(4) – Access sought to affidavit
supporting application for search warrant – Whether document
exempt as law enforcement document, document affecting personal
privacy or document containing information obtained in confidence
– Whether practicable for document to be released with
deletion of exempt material – Whether Tribunal should
exercise public interest override.
Boyles v Greater Bendigo CC [2018]
VCAT 1815
Section 80 of the Planning and Environment Act
1987; Greater Bendigo Planning Scheme; Animal Boarding;
Amenity Impacts; Noise, Clause 22.07; Rural Living Zone; Visual
Bulk; Business identification sign in rural area and Native
vegetation removal.
Eric Salter Pty Ltd v Macedon Ranges SC
[2018] VCAT 1800
Macedon Ranges Planning Scheme; s77 of the Planning
and Environment Act 1987; proposed sub-division of review
site; objections received and Council does not support proposal;
Tribunal hearing; key issue being the 'neighbourhood
character' merits of the proposal, plus associated issues.
Zeqaj v Victoria Police (Human Rights)
[2018] VCAT 1733
Privacy and Data Protection Act 2014
(Vic), section 15 – alleged breaches of
Schedule 1, Information Privacy Principles 2.1 and 3.1 –
Charter of Human Rights and Responsibilities Act 2006
(Vic), section 13 – alleged unlawful attack
on reputation.
Legislation
NSW
Proclamations commencing Acts
Impounding
Amendment (Shared Bicycles and Other Devices) Act 2018 No 51
(2018-674) — published LW 30 November 2018
Water
Management Amendment Act 2018 No 31 (2018-678) —
published LW 30 November 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.