In the media
Commonwealth
Closing the gap implementation plan
In 2020 the Australian Local Government Association was
proud to be a co-signatory in a landmark agreement. Prepared with
advice and input from all the state and territory local government
associations, this Implementation Plan sets out key actions
required to achieve each of the four priority reforms (28 September
2021). More...
New national emergency alert system now live
The latest version of the federal government's
Emergency Alert telephone warning system is up and running (06
October 2021).
More...
Report warns climate change a legal headache for
councils
Councils are likely to face increasing legal action
related to climate change, a report warns. This could include
litigation related to planning decisions, environmental hazard
mitigation programs, and failing to maintain infrastructure and
services (30 September 2021).
More...
'Councils between a rock and hard place on climate
costs'
Climate inaction at the state and national level may end
up costing local governments as much as $54 million annually, a new
report has warned. Some coastal councils are already paying more
than $1 million to fix eroding beaches or protect beachside
property or infrastructure, and the collective bill for remediation
could top $54 million a year in coming decades (01 October 2021).
More...
Victoria
More than thousand homes bought for Victorians
The Victorian Government's historic Big Housing Build
is stimulating the Victorian economy, generating more than $1
billion in construction and development activity – creating
356 direct jobs and 1,246 indirect jobs. The projects are in
priority local government areas in highly accessible and well
serviced locations (10 October 2021).
More...
Regional property owners in Victoria ready for fire
season
Victoria has announced a permit system that will allow
city-dwellers with properties in regional parts of the state to
receive written approval from their local council to prepare for
the summer fire season (08 October 2021).
More...
Call for councils and communities to tackle ageism
The Municipal Association of Victoria is supporting a
state-wide campaign to reduce ageism in our community.
It is partnering with EveryAGE Counts to shed light on the
prejudice expressed towards a person because of their age as well
as discriminatory practices against older people when it comes to
employment and other social roles (30 September 2021).
More...
ACCC okays Gippsland LG recycling/procurement
collective
A draft determination authorising the Gippsland Waste and
Resource Recovery Group and six Gippsland councils to jointly
tender, procure and manage glass and mixed recycling processing
services was published by the ACCC (01 October 2021).
More...
Queensland
Townsville officially becomes a Small Business Friendly
Council
Small businesses in Townsville are set to benefit from a
new Small Business Friendly Council commitment made by Townsville
City Council today. By signing the Small Business Friendly Council
charter, councils commit to support small businesses in their
communities and help to reduce red tape (07 October 2021). More...
Queensland Treasurer questioned as witness in mayoral
misconduct case
Former Moreton Bay mayor Allan Sutherland was charged in
December 2019 by the Crime and Corruption Commission (05 October
2021).
More...
$20m to boost infrastructure resilience in 47 Qld
LGAs
The Federal and Queensland governments have established a
$20 million fund to strengthen key infrastructure to better
withstand natural disasters. "The funding will allow
applicable councils and state agencies to improve key assets such
as causeways, culverts, roads, bridges and floodways (01 October
2021).
More...
Govts set to sign off on city deal for south-east
Qld
A City Deal for South-East Queensland involving the
Council of Mayors and the Queensland and federal governments is
close to being finalised. The deal has been two years in the
making, and when concluded will support the growth of industry and
businesses across South-East Queensland and enhance the
region's liveability (01 October 2021).
More...
National briefings begin ahead of 2021-22 bushfire
season
National preparedness briefings with police, fire
authorities and other emergency services have begun ahead of the
upcoming bushfire season. Virtual briefings began last week with
Queensland authorities and will continue throughout October (01
October 2021).
More...
In Practice and Courts
NBN Co releases guidelines for Regional Co-Investment
Fund
Local governments are being invited to apply to take part
in NBN Co's $300 million Regional Co-investment Fund. Several
activities will not be eligible under the fund, including projects
that target fewer than 50 premises or are under $500K total build
cost. Please review
the guidelines to determine eligibility. The closing date for
applications is 18 February 2022, with first build estimate
requests required no later than 1 October 2021.
Black Summer Bushfire Recovery Grants program
The guidelines for the Black Summer Bushfire Recovery
Grants are available on the Business Grants Hub
website. The Grants Program supports the recovery efforts of
communities in eligible Local Government Areas affected by the
2019–20 bushfires. Applications for the program are open
until 6 October 2021.
View more information on the BSBR grants at the National Recovery
and Resilience Agency's website.
2019-20 black summer bushfires: Program
is currently open
Successful project grants in LGAs will depend on the
number of eligible projects submitted, how much money is requested
for each project, and the merits of each project. Extensive
information is also available on the NRRA website. For more
information on the assistance available, including timing of the
workshops and registration details go to recovery.gov.au/black-summer-grants.
Victoria
Travel permits for fire prevention
From 11 October 2021, property owners with approval from
the local council will be able to travel to their properties to
undertake permitted fire and emergency preparedness activities such
as cutting grass, clearing gutters, removing growth from around any
dwellings and removing fuel from the property to reduce the risk of
bushfire. Permit holders will be able to travel for a specified
period of up to 72 hours to carry out preparation works. For more
information visit
Coronavirus Victoria.
School site selection criteria guidelines
Victorian Government School Site Selection Criteria
(Guidance and Toolbox) are now available.
The
Guidance outlines the key factors considered by the Department
when assessing proposed government school site options.
The
Toolbox is a detailed resource on implementing and applying the
guidance at a greenfield, established or high density area level.
The Toolbox is primarily intended for use by internal Departmental
teams, but can also be used as a reference by local councils. (07
October 2021).
MAV Submissions – October 2021
MAV Submission – Parliamentary inquiry into housing supply
and affordability
Plan Melbourne land use framework
Plan Melbourne 2017-2050 recognises that more detailed planning
is needed for Metropolitan Melbourne to manage growth across the
city. It identifies the need for six plans to be developed,
providing detailed guidance at a regional level and setting a
30-year vision for each area. The Department of Environment, Water
and Planning Melbourne's Future
Planning Framework which is now available for review and
feedback by 24 October 2021.
Planning Consultations: Melbourne's Future Planning
Framework
Planning Initiative – Melbourne's Future
Planning Framework: Long-term strategic plans to guide land use,
infrastructure, transport and development for the next 30 years in
the six Melbourne metropolitan regions. Closes on 24 October 2021.
More...
Designated bushfire prone areas (BPA) map updated
On 6 July 2021, BPA Review 18 updated the mapping in 15
municipalities. The Planning Property Report and VicPlan reflect
the changes. The next review is now open from 08 July 2021. 9
August – 3 September 2021 (3 weeks) Unless the bushfire
hazard is removed before site visits, the BPA will not be removed
by this review.
September – 14 December 2021 (15 weeks).
More...
Investment fast track fund 2021: Second round
Part of the Regional Jobs and Infrastructure Fund, the
stimulus round aims to create jobs by funding priority community
projects that can be activated quickly, helping regions to recover
and thrive. Applications for the second round of the Regional
Infrastructure Fund's 2020/21 program are open.
Investment Fast-Track Fund guidelines:
Investment Fast-Track Fund guidelines 2021
Funded activities must be completed by 30 June 2022.
Queensland
Betterment fund
The betterment fund will be administered by the Queensland
Reconstruction Authority (QRA). Eligible local
councils and state agencies are requested to apply for betterment
funding along with their restoration funding submissions to
QRA. REPA submissions may be submitted to QRA up until 31 March
2022.
Draft State Infrastructure Strategy
The Queensland Government has
released the
Draft State Infrastructure Strategy and the
Queensland Government Infrastructure Pipeline
(QGIP).
The
draft vision anticipates the State's infrastructure needs
over the next two decades and will be supported by
seven regional infrastructure plans.
The
QGIP is a detailed program of the
Government's four-year $52.2 billion infrastructure spend
and also outlines the
potential future proposals currently under consideration by the
Queensland Government.
Consultation has been extended and will now close on 21 October
2021.
Building our regions round 6
Guidelines for Round 6 are being provided to regional
councils so they could assess potential projects to submit for
funding when applications open in the coming weeks. Councils can
apply for up to $2 million in funding to support a range of
eligible construction and works projects over three years.
Expressions of interest for Round 6 is open from 29 September until
23 November 2021. Find more information about
Building Our Regions is available here.
Works for Queensland projects across the region
The Works for Queensland program supports regional
councils to undertake job-creating maintenance and minor
infrastructure projects such as parks and playgrounds, community
and sports facilities, swimming pools and water play areas,
renewable energy initiatives, footpaths, roads and water
infrastructure. A further $200 million committed for 2024-27. For
more information visit
Works for Queensland.
Cases
Turner v Baw Baw SC [2021] VCAT
1139
1 The Applicants are ordered to pay the costs of the
Council fixed at the sum of $ 5,700.00, the costs must be paid
within 120 days of the date of this order
The Council seeks costs for the Applicants to pay Council's
professional fees fixed at $13,674.55, reasonable costs for the
application for costs fixed at $2,500 and any costs associated with
the application fee.
Redland
City Council v King of Gifts (Qld)
and HTC Consulting Pty Ltd &
Anor [2021] QCA
210
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
where, in 2018, the primary judge granted an appeal pursuant to s
461(1) of the Sustainable Planning Act 2009 (Qld) ('SPA')
against the applicant's refusal of a development application
for a material change of use to develop land for a service station,
drive through restaurant and an on-site effluent disposal
irrigation area – where, in 2020, this Court granted an
application for leave to appeal and allowed an appeal against the
2018 judgment upon the ground that the primary judge had erred in
principle in the application of s 326 of the SPA – where in
this Court's 2020 decision the orders made by the primary judge
were set aside and the matter was remitted to the Planning and
Environment Court to be determined according to law – where
no additional evidence was adduced at the remitted hearing –
where, on rehearing, the primary judge allowed the appeal, and
approved the development application subject to conditions –
where the applicant seeks leave to appeal against that judgment
upon the ground that the primary judge erred by finding in fact
that there was a need for the proposed development and its
constituent elements, at the proposed location, in the absence of
any evidence of that fact – where in the 2017 reasons the
primary judge described the proposed development as
"fundamentally different in nature and size (in terms of its
footprint) to the types of uses and development that the Redlands
Planning Scheme envisages on the subject site" – where
the primary judge also found there was a need for the proposed
development that was sufficient to justify approval despite the
conflicts with the Redlands Planning Scheme – where the
primary judge relied on economists' and town planners'
reports for that finding – where the primary judge found
there was a "clear and strong level of economic need"
– where the primary judge found that the combined effect of
six matters established that "the public interest in approval
of the proposed development is greater than the public interest in
upholding strict compliance with the Redlands Planning Scheme by
refusing the development" – whether the primary judge
erred in law by making that finding in the absence of supporting
evidence.
Upan
Company Pty Ltd v Gold Coast City Council (No. 2)
[2021] QPEC 50
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF
OTHER CHANGE APPLICATION – where original application
concerned stepped form high rise residential development –
where appellant seeks approval of other change application for
built form residential development – where proposed other
change concerns reductions of storeys, increase of building
height
CONFLICT WITH PLANNING SCHEME – where proposed development
results in unacceptable impacts in respect of setbacks and site
cover – loss of stepped design – building height
transition – where appeal dismissed
Planning Act 2016 Qld s 78.
Paige
Pty Ltd v Redland City Council [2021] QPEC
51
PLANNING AND ENVIRONMENT – APPLICATION –
Application in pending proceeding – application for minor
change – where the development application seeks a
development permit for reconfiguration of lots – where, at
the time of the decision, the development application provides
access to Bunker Road – where the proposed change includes
removal of vehicular access to Bunker Road – whether the
proposed change is a minor change
Planning Act 2016 Qld Sch 2; Planning and Environment Court Act
2016 Qld s 43, s 46.
Legislation
Victoria
Statutory Rules – 28 September 2021
No 123
Environment Protection Further Amendment Regulations 2021
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.
