In the media
ROSI funding injection of $35m for Moree overpass
project
A proposed overpass in inland northern NSW has been given
a $35.2 million boost courtesy of the Roads of Strategic Importance
initiative. The $44 million Intermodal Overpass project is intended
to improve supply-chain efficiency for local communities and better
connections to the Newell Highway and the Inland Rail connecting
Melbourne and Brisbane via regional Victoria (23 April 2021).
More...
PM advised to work with LG on tackling climate
emissions
Prime Minister Scott Morrison has been chided for
appearing to dismiss the role of inner cities in helping to achieve
net-zero emissions. In a statement issued this week, Cr Anna
Reynolds and Cr Nuatali Nelme noted that city local governments
have set climate change targets that are more ambitious than the
Federal Government's commitments (23 April 2021).
More...
RCP funding awarded to NSW wireless network
project
A wireless network proposed for the Cootamundra-Gundagai
and Snowy Valleys LGAs has been awarded funding under the Regional
Connectivity Program (RCP). The project is one of
81 place-based projects announced under the Commonwealth's $90
million RCP initiative (23 April 2021).
More...
Telstra denied special leave to appeal payphones in High
Court
Telstra has lost its bid to overturn a Federal Court
decision preventing it from installing payphones with large digital
advertising screens in Melbourne and Brisbane. The High Court's
refusal to hear Telstra's appeal ends a long-running bid by the
company to install 1800 "next generation" payphones
across capital cities under schedule 3 of the Telecommunications
Act 1997 (carrier powers and immunities) (23 April 2021).
More...
Mobile devices a security black hole for public
sector
The report found 25 per cent of public sector respondents
had experienced a compromise involving a mobile device, with local,
state and federal organisations all affected. State government
bodies fared best, with less than one in eight reporting they'd
been hit. However nearly one in three local government agencies
were aware of having been compromised (22 April 2021).
More...
Lord Mayors of the City of Hobart and the City of
Newcastle – cities role in achieving net zero should not be
dismissed by our PM
While the Australian Government has had no climate policy,
cities have been stepping into the breach, most local authorities
are already working with their communities to reduce emissions. And
many have joined international climate movements such as the Global
Covenant of Mayors (21 April 2021).
More...
ALGA confirmed as partner of Stop Food Waste
Australia
The Australian Local Government Association
(ALGA) has become a partner of a new food waste
governance body, Stop Food Waste Australia. The new national food
waste governance consortium will lead food waste reduction
initiatives across the food supply chain in support of the National
Food Waste Strategy (6 April 2021).
More...
Victoria
Industry experts to guide Melbourne's night-time
recovery
Thirteen external industry leaders have been shortlisted
to join the Advisory Committee to provide strategic advice,
industry expertise and knowledge that will help guide
decision-making and solve challenges faced by night-time industries
and businesses (23 April 2021).
More...
Council won't support Southbank supertall
skyscraper
Plans for a 52-storey office tower in Southbank will not
be supported by the Future Melbourne Committee despite an earlier
approval of the site (22 April 2021).
More...
Gender Equality Advisory Committee named
The Andrews Labor Government has announced the 16-person
committee that will drive a new approach to gender equality in the
local government sector (22 April 2021).
More...
Victoria set to become last to join container deposit
train
Victoria will model its container deposit scheme on NSW
when it becomes the last Australian jurisdiction to roll out a
cash-for-cans scheme in 2023. The scheme will split
responsibilities between a scheme coordinator partner and network
operator partners, in a similar structure to NSW, Tasmania and the
ACT (19 April 2021).
More...
Victoria's councils fall into line on 1.5pc rate cap
for 2021-22
All 79 Victorian councils will be held to the approved 1.5
percent rate cap for the next financial year ahead, the state's
independent regulator said. The ESC has confirmed that the 31 March
deadline for applications to exceed the rate cap set by the State
Government has passed without any requests being received (16 April
2021).
More...
Container deposit scheme design a win for
communities
Victorian councils and communities can celebrate a big win
with the announcement of the final design for Victoria's
container deposit scheme, said the Municipal Assocation of
Victoria, choosing a scheme design that prioritises accessibility,
simplicity and recycling outcomes (15 April 2021).
More...
Caught between a rock and a hard place: Commonwealth to
rule on tip troubles
A south-west Victorian council requests government
permission to ignore environmental restrictions and build a rock
wall on the breeding grounds of a threatened shorebird (14 April
2021).
More...
Queensland
Qld council finances in a parlous state after
COVID's impacts
Twenty-five of Queensland's 77 councils are at
"high risk" of becoming financially unsustainable, the
state's Auditor-General has found. The impacts of the
coronavirus pandemic in 2020, while not unexpected, contributed
significantly to a deterioration in councils' financial
performance, with 70 percent spending more than they earned,
Auditor-General Brendan Worrall said this week (23 April 2021).
More...
Auditor-General highlights councils' financial
challenges
Queensland councils welcome the recommendation of the
state's Auditor-General for more funding certainty to be
provided to councils with financial sustainability continuing to be
a critical issue for the sector. For almost half of
Queensland's 77 councils, the amount they collect in rates
amounts to less than 15 per cent of their annual budget (23 April
2021).
More...
Brisbane Holiday Dollars a positive move for CBD
The Property Council of Australia has applauded the
Queensland Government and Brisbane City Council for their support
of the city through the announcement of the Brisbane Holiday
Dollars program (23 April 2021).
More...
Brisbane City Centre future under scrutiny
An interim report outlining how to lure people back to
Brisbane's heart is being prepared ahead of a master plan for
the city centre (22 April 2021).
More...
Heritage panel to bolster Queensland protection
The Palaszczuk Government has announced a new advisory
panel will be established to strengthen Queensland's heritage
register and provide expert advice on heritage places and spaces
(18 April 2021). More...
In practice and courts
Commonwealth funding for scaleable recycling
projects
New funding has been announced for recycling and clean
energy projects under the Federal Government's $1.3 billion
Modern Manufacturing Initiative (MMI). Initial
applications will be limited to the "Translation and
Integration" streams of the MMI, with expressions of
interest for the larger "Collaboration" stream to open
soon. Applications for grant funding close on 5 May 2021.
Requirements on local governments
From 10 March 2021, all local governments must notify the
Minister for Foreign Affairs of a proposal to enter or negotiate a
foreign arrangement. If the arrangement is entered into, the
Minister must also be notified about the arrangement within 14
days. The Act requires all Local Governments to provide a
comprehensive list of all their existing foreign arrangements
(including non-binding arrangements) to the Department of Foreign
Affairs and Trade (DFAT) by 10 June 2021.
Registration of an arrangement is made via DFAT's online portal
accessible here.
You can find more information on the Scheme and the arrangements to
which it applies on the DFAT
website.
LGs eligible for environmental safe havens funding
Councils have been advised that they can apply for
Commonwealth grants to build safe havens for threatened native
wildlife species. Local government agencies/bodies can apply for
grants ranging from $500,000 up to $1.8 million. The cut-off for
grant applications is 11 January 2021, and projects eligible for
grants must be completed by 31 May 2023. Click
here for more information.
ALGA National State of the Assets 2021
The online NSoA data collection form for your organisation
is available on the NAMS+
Platform and is ready for you to start entering your data for
the NSoA report. ALGA is calling for councils to be part of the
2021
National State of the Assets (NSoA) report
update.
Victoria
EPA: Lara waste to energy proposal public comment
The Victoria EPA has received a Works Approval application
for the construction of a waste to energy facility at 164-200
McManus Rd, Lara. View the full application here.
Click
here to read more.
Upcoming hearings at Planning Panels Victoria
The upcoming hearings report contains information on the
forthcoming hearings at Planning Panels Victoria. The report is
updated weekly. Read more
here.
Victoria's draft 30-year infrastructure
strategy
We have released
Victoria's draft 30-year infrastructure strategy. Community
consultation ended on February 26, 2021. The final 30-year
infrastructure strategy will be presented to the Victorian
Government in mid-2021. To read the draft strategy, or participate
in community consultation opportunities click
here.
Gender impact assessments
It is important that councils are already thinking about
and preparing to meet their obligations under The Gender Equality
Act 2020 which came into effect from 31 March 2021. Other key dates
in 2021 are 30 June when councils must conduct a
workplace gender audit, and 31 October when councils must
submit a
Gender Equality Action Plan, based on the findings from their
workplace gender audit. CGEPS is also planning tailored
sector-based workshops to be delivered by their
Panel of Providers and is available to answer your questions
sent.
Living libraries 2021
Councils can apply for grants of up to $1 million to
expand and modernise existing libraries, build new libraries or buy
new mobile library vans. For more information on living libraries
and this year's application guidelines click
here.
Extension to the declaration of Surf Coast, Bellarine
Peninsula and Bass Coast as distinctive areas and landscapes
The Governor in Council, under section 46AT(3) of the Planning and
Environment Act 1987, has approved the extension of time
required to prepare Statements of Planning Policy for Surf Coast,
Bellarine Peninsula and Bass Coast for a further 12-month
period.
s.186 exemption for council recycling contracts
The Victorian Local Government Minister has
announced a state-wide s.186 exemption for local councils to
extend their recycling collection contracts to 30 June 2021.
Attached is a copy of the letter sent to all councils co-signed
by Minister Somyurek and the Minister for Energy, Environment and
Climate Change.
Smart Planning PPF translation update
Smart Planning continues to work with councils on their
Planning Policy Framework (PPF) translations. To
date, PPF translations have been gazetted for Murrindindi, French
Island and Sandstone Island, Glenelg, Moonee Valley, Golden Plains,
Southern Grampians and Colac-Otway. The PPF translation project is
time bound and all planning schemes must be translated by 30 June
2021. Information on preparing for your PPF translation is
available on the
Smart Planning website.
Queensland
Interest rate on overdue rates and charges
Under section 133 of the Local Government Regulation 2012
and section 125 of the City of Brisbane Regulation 2012, from 1
July 2021, the new maximum interest rate of 8.03 per cent will
apply for the 2021-22 financial year and a resolution setting the
actual rate to be charged will be required to be made at the budget
meeting for the 2021-22 financial year. Learn more
here (updated 21 April 2021).
State infrastructure strategy announcement
A new state
infrastructure strategy will be released in conjunction with
seven regional infrastructure plans in aid of supporting our post
COVID-19 economic recovery. This follows the recent announcement of
the formation of a Growth Areas
Delivery Team to address land supply issues in SEQ. To find out
more about the strategy, please click
here. You're invited to have your say and help shape the
state infrastructure strategy. You can share your views via the
survey. Consultation closes on 31 May 2021.
Extension of COVID Bill
State Parliament has moved to extend the timeframe for
several measures introduced to allow Government to respond to the
impacts of COVID-19 through the
COVID-19 Emergency Response and Other Legislation Amendment Bill
2021. As part of these extended COVID-19 measures, new laws
were also introduced in State Parliament that will allow Local
Governments to change their rates and charges multiple times in a
year. These powers will be granted amongst a range of other
COVID-19 measures introduced with the intent of allowing
flexibility to decrease or increase rates and charges, depending on
a council's need. Councils will be required to amend and
formalise their budgets if they make changes, although no limits
apply to the frequency.
EDQ amendments
Urgent
amendments to Queensland's planning legislation were passed
in March 2020 by Queensland Parliament to address concerns raised
by a range of stakeholders, including local government and
industry, in response to the COVID-19. The changes included
declaring COVID-19 as an applicable event under the Planning Act
2016 on 19 March 2020 –
extended to 30 April 2021.
Report on Post Implementation Review of Strong and
Sustainable Resource Communities Act
Department of State Development, Manufacturing,
Infrastructure and Planning. Have your say on the consultation
report for the Post Implementation Review of the Strong and
Sustainable Resource Communities Act 2017.
Cases
Victoria
140 High Street Pty Ltd v Mansfield SC
[2021] VCAT 291
Section 77 Planning and Environment Act 1987 –
Mansfield Planning Scheme – commercial 1 zone – design
and development overlay – convenience restaurant –
built form – traffic – no permit.
LPG Laverton Property No. 5 Pty Ltd v Wyndham
CC [2021] VCAT 361
Section 114 of the Planning and Environment Act 1987
– agreement made under section 173 of the Planning and
Environment Act 1987 – creation of road – prior written
notice – prior written approval – jurisdiction –
discretion.
Kincrest Pty Ltd v Moonee Valley CC
[2021] VCAT 354
Section 79 of the Planning and Environment Act 1987
– Moonee Valley Planning Scheme – Essendon North Major
Activity Centre – Mt Alexander road corridor –
commercial 1 zone – design and development overlays DDO3 and
DDO10 – seven to eight storey building – response to
design objectives – impacts on amenity.
CitiWest Constructions Pty Ltd v Brimbank
CC [2021] VCAT 363
Section 77 of the Planning &Environment Act 1987
– Brimbank Planning Scheme – residential growth zone 1
– consolidation of lots – twenty four triple and double
storey dwellings, neighbourhood character – bulk –
scale – landscaping – front setback – windows
facing accessway – overlooking – traffic and parking
– noise – covenant non-compliance – safety
– bin location – dwelling entry – design detail
– no permit.
Tubby Gourmet Pty Ltd v Port Phillip CC
[2021] VCAT 360
Sections 77, 79, 80 and 82 of the Planning and Environment
Act 1987 – review of permit to extend hours of operation
– State Environment Protection Policy (Control of Music Noise
from Public Premises) No. N-2 – residential objectors living
nearby a public bar/restaurant.
Skinner v Mansfield SC [2021] VCAT
359
Mansfield Planning Scheme – section 82 of the
Planning and Environment Act 1987 – planning application
supported by Council but appealed to VCAT – scheduled hearing
on 1 July 2021 – site-specific Planning Scheme Amendment
approved by the Minister for Energy, Environment and Climate
Change, as confirmed in the Minister's letter to VCAT dated 4
January 2021 – tribunal practice day hearing – no
permit to issue due to lack of Tribunal jurisdiction, costs claim
fully refused.
Torkee Properties Pty Ltd v Ballarat CC
[2021] VCAT 355
Permit condition for approved supermarket to pay for
signalisation of nearby intersection – road safety –
fairness – equity – alternative traffic engineering
solutions for intersection.
Venture Capital Developments Pty Ltd v Banyule
CC [2021] VCAT 353
Sections 77 &149 of the Planning and Environment Act
1987 – Banyule Planning Scheme – construction of three
dwellings – general residential zone – registered
agreement – whether consent should be granted under agreement
to construct three dwellings and construct buildings and works in
vicinity of significant tree – whether permit should be
granted under Banyule Planning Scheme to construct three
dwellings.
Garvey v Greater Geelong CC
[2021] VCAT 348
Development of a retail premise (supermarket), development
of six dwellings, associated car parking, display of business
identification signage including internally illuminated signage,
waiver of bicycle facilities and alteration to the existing
packaged liquor licence area issued on 16 January 2017. Application
under section 82 of the Planning and Environment Act 1987.
Roosenburg v Melbourne CC [2021]
VCAT
Section 82 Planning and Environment Act 1987 –
Melbourne Planning Scheme – capital city zone – dance
studio – noise.
Gulliford v Indigo SC [2021] VCAT
343
Indigo Planning Scheme – application under section
82 of the Planning and Environment Act 1987 – mixed use zone
– existing brewery, distillery and food and drink premises
– new permit for increased operating hours and playing of
amplified background music – existing permit issued at
direction of Tribunal following grant of consent order application
– interface with residential properties in GRZ1 – noise
and other off site amenity impacts.
Mercy Aged Care and Community Care Ltd v Kingston
CC [2021] VCAT 338
Development of the land for the construction of buildings
and works for a Residential Aged Care Facility within an Activity
Centre Zone, Schedule 2.
Kuznetsov v Yarra Ranges SC
[2021] VCAT 334
Yarra Ranges Planning Scheme – application pursuant
to section 77 of the Planning and Environment Act 1987 –
green wedge a zone 1 – bushfire management overlay –
camping and caravan park: Appropriate definition – planning
policy – intensification of use – access.
R and L Bell Pty Ltd v Surf Coast SC
[2021] VCAT 332
Alterations and additions to an existing dwelling on a lot
in a neighbourhood character overlay, schedule. Application under
section 77 of the Planning and Environment Act 1987 – to
review the refusal to grant a permit.
Gleeson v Greater Geelong CC [2021]
VCAT 329
Application under Section 77 of the Planning
&Environment Act 1987 to review a refusal to grant a permit
– Greater Geelong Planning Scheme – farming zone
– significant landscape overlay – dwelling –
agriculture – landscape impact – bushfire and
contaminated land risk.
Bingo Acquisitions Pty Ltd v Kingston CC
[2021] VCAT 325
Section 149(1)(d) of the Planning and Environment Act 1987
– Kingston Planning Scheme – permit KP2011/19 –
question of law – land to which the permit applies –
whether permit is ambiguous or not clear – relevant
principles in interpreting a permit.
Stanhope v Port Phillip CC [2021]
VCAT 318
Extend balconies onto common property and erect
balustrading. Application under section 80 of the Planning and
Environment Act 1987 – to review the conditions contained in
the permit.
Lynn v Hepburn SC [2021] VCAT
316
Farming zone – place of assembly – rural
hamlet – amenity – noise – car parking –
traffic – bushfire mitigation.
Luo Family Holdings Pty Ltd v Greater Dandenong
CC [2021] VCAT 303
Section 77 of the Planning &Environment Act 1987
– Greater Dandenong Planning Scheme – seven dwellings
in GRZ3: Overdevelopment (visual bulk &landscaping) –
carparking layout.
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.