In the media
New Green investment group tool demonstrates the climate
benefits of over 40,000 wind and solar assets in partnership with
BloombergNEF (BNEF)
Over 60% of wind and solar projects globally will receive
a GIG Carbon Score. The Carbon Score will provide robust and
comparable data to allow measurement of renewables assets'
contribution to carbon reduction (02 October 2019).
More...
Climate change raising risk for mortgagors
A report by Moody's Investor Services has found a 50
per cent increase in the frequency of natural disasters from the
previous decade, which it warns poses a risk to mortgagors, the
property market, and Australian residential mortgage-backed
securities (24 September 2019).
More...
Queensland
'We don't have a backyard': Urban squeeze
pushes great Australian dream to the fringes
The Australian dream of a house with a backyard is deeply
ingrained and continues to drive urban spread, but that way of life
is under pressure, with South East Queensland's population
forecast to grow by 2 million people over the next two decades (06
October 2019).
More...
Plans unveiled for $30m Kangaroo Point residential
project
Melbourne-based developer Buildcap is facing down
headwinds in Brisbane's apartment market, unveiling plans for
boutique apartment project in Brisbane's Kangaroo Point (04
October 2019).
More...
Kelly Slater's $100m surf ranch proposed for
sunshine coast
A proposal has been announced for a $100 million surf
ranch on the Sunshine Coast with 11-time world champion Kelly
Slater's name attached and a Brisbane-based heavyweight to
develop the project (30 September 2019).
More...
New push to increase council spending transparency
Queenslanders will soon have clear information about how
councils are spending developer infrastructure charges, with
amendments proposed for the state planning system, delivering on a
2017 state election commitment (28 September 2019)
More...
PCA: State Government commits to cul-de-sacs
Following a strong community response to public
consultation on a new model code for neighbourhood design, the
State Government has moved to reassure Queenslanders that
cul-de-sacs will remain a feature of new suburbs. Consultation on a
new model code for neighbourhood design has recently concluded (26
September 2019).
More...
Industry responds to Brisbane design strategies
The Property Council has provided a submission in response
to the consultation documents produced in relation to the Brisbane
City Council design strategy. The Property Council has recommended
that Council maintain this document as a design guide, rather than
a statutory document (26 September 2019).
More...
Flood risk reduced as Roma finishes mitigation
works
The flood risk for more than 500 properties in Roma has
been downgraded after the completion of an $8.3 million mitigation
project in the south-western Queensland town (23 September 2019).
More...
Multi-Billion-Dollar Defence deal ramps up in
Ipswich
Rheinmetall Defence Australia has been shortlisted by the
Commonwealth to enter the next phase of the $10-$15 billion land
tender process, as development continues on its new facility in
Ipswich (23 September 2019).
More...
In Practice and Courts
National Airports Safeguarding Advisory Group
The National Airports Safeguarding Advisory Group
(NASAG) is undertaking a review of implementation
of the National Airports Safeguarding Framework
(NASF). The review is intended to consider
implementation of NASF across jurisdictions; and seeks submissions
from all levels of government, industry and community stakeholders.
Submissions close on 22 November 2019 (12 September 2019).
More...
Announcements, Draft Policies and Plans released 2019
Queensland
PCA: Reef regulations amendment Bill passed by
Parliament
The Environmental Protection (Great Barrier Reef
Protection Measures) and Other Legislation Amendment Bill 2019 was
passed on 19 September 2019 with the
new Reef protection regulations proposed to come into effect on
1 December 2019 . Under the amendments, sites for new prescribed
environmentally relevant activities (ERAs) under
the Environmental Protection Regulation 2008 within the GBR
catchment may have water quality offset conditions imposed on them
(26 September 2019).
More...
Property Council responds to draft Retirement Villages
Act approved forms
Concerns have been raised with how the Department is
proposing to approve redevelopments, and the level of detail that
will be expected to be provided by project proponents (26 September
2019).
More...
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019. More...
Cases
Queensland
Gillion Pty Ltd v Scenic Rim Regional Council &
Ors [2019] QPEC 44
PLANNING AND ENVIRONMENT – APPLICANT APPEAL
– COSTS – council applies for costs in wake of refusal
of appeal – power to award costs in s 457 of the
Sustainable Planning Act 2009 – the relative success
of the parties in the proceeding – whether decision appeal
conflicts with a relevant instrument – whether a party
commenced or participated in the proceeding without reasonable
prospects of success – whether the proceeding involved an
issue that affects, or may affect, a matter of public interest, in
addition to any personal right or interest
Sustainable Planning Act 2009 Qld; Planning and
Environment Court Act 2016 Qld; Uniform Civil Procedure Rules
1999 Qld
Lipoma Pty Ltd & Ors v Redland City Council &
Nerida Pty Ltd [2019] QPEC 43
PLANNING AND ENVIRONMENT – Appeal against
approval of major commercial development including a
"full-line" supermarket; specialty shops, including
retail warehouse (discount chemist); family tavern; medical centre;
service station; and parking – retail/commercial component of
the appeal – 5.4 km of the major centre – Partly in the
Medium Density Residential Zone, Urban Residential Zone, Open Space
Zone and the Community Purposes Zone – Designated as partly
Medium Density Residential Housing, partly Urban Residential
Housing and partly Greenspace Network
OUT OF CENTRE DEVELOPMENT – Conflict with the scheme –
at serious end of spectrum – provision of the necessities of
life (food and groceries) – whether unacceptable adverse
impacts on the centre network and centres hierarchy
GROUNDS – whether the proposal will meet an existing
community, economic and planning need – whether the scheme
provisions "overtaken by events" – whether
sufficient grounds to approve the application despite the
conflicts
Qld s 14A; Redlands City Plan 2018 Qld; Redlands Planning Scheme
2006 Qld
Sustainable Planning Act 2009 2009 Qld ss 242, 314, 316,
324, 326, 329, 462, 493, 495, 759
Goodsell Earthmoving Pty Ltd v
Coordinator-General [2019] QSC 243
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – STAY OF
PROCEEDINGS AND INTERLOCUTORY RELIEF – where the applicant
seeks judicial review of a decision to impose two conditions on an
approval for a material change of use – where the applicant
operates a high impact industry in a low impact precinct in the
Townsville State Development area and applied to the respondent for
approval of its activities – where the respondent granted an
approval for two years subject to conditions – where the
applicant challenges only the condition limiting the approval to a
two year period and a condition limiting vehicle movements to 80
heavy vehicle movements per day – where the respondent
cross-applies for a stay or dismissal of the application on the
grounds that such relief is inappropriate because the impugned
conditions are integral and not severable from the approval as a
whole – whether the proceeding should be stayed or
dismissed
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors
(No 7) [2019] QSC 241
EVIDENCE – ADMISSIBILITY – OPINION
EVIDENCE – EXPERT OPINION – GENERALLY – where the
plaintiffs sought to adduce expert evidence in the form of a report
from an expert in rail and other infrastructure as it relates to
the development of a mine – where the defendants objected to
extensive parts of the reports produced by the expert and some
portions of the joint expert reports for which he was responsible
– where the bases of the objections included that the matters
contained in the report are not properly the subject of expert
opinion, that the expert is not adequately qualified to make the
impugned statements and that the opinions stated are not based
wholly or substantially on the expert's expertise –
whether the objections to the expert reports should be upheld
Uniform Civil Procedure Rules 1999 Qld r 149
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