Australia: Inside Track: Local Government - In the media, In practice and courts, and Cases

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.