In the media
Council land disposals and acquisitions law under
review
Legislation regulating the disposal of Commonwealth land
to local governments and the acquisition of council land by the
Commonwealth is being reviewed. While the Lands Acquisition Act
1989 (LAA) has not changed substantially since its
enactment over 30 years ago, complex land acquisition processes
involving compensation payments to landholders have become more
difficult to finalise (10 September 2020).
More...
Interim fire report posits standing recovery and
resilience agency
The Royal Commission into National Natural Disaster
Arrangements released a list of "interim propositions"
last week on Friday for local, state and federal governments to
consider and respond to (10 September 2020).
More...
Victoria
Victorian government seeking legal advice over draft
foreign relations laws
The Andrews government is seeking legal advice on proposed
new federal laws which could tear up its controversial Belt and
Road agreement with China, potentially setting up another fight
over foreign policy with the Commonwealth (10 September 2020).
More...
Mayor welcomes $1 million Financial Assistance Grants
instalment
Mayor Neil Trotter has thanked the Federal Government for
the quarterly instalment from the Financial Assistance Grants
program. Cr Trotter said Council had met with the Victorian Local
Government Grants Commission which administers Financial Assistance
Grants in this state (08 September 2020).
More...
Mayor takes aim at 'unacceptable' inaction on
Fishermans Bend plan
Andrews government accused of stalling development of
Fishermans Bend while having 'grand conversations' about
infrastructure that has not materialised (07 September 2020).
More...
NSW
NSW Farmers calls on government to find sensible
solution for koalas and farmers
Where councils adopt the Koala Plan of Management and
classify areas as Core Koala Habitat, they can under the
ministerial direction, declare this an environmental zone
(EZone), and this curtails some continuing, and
any new agricultural activities (11 September 2020).
More...
Dam plan sparks debate about water use
Debate is raging on the New South Wales far north coast
about the best way to provide water for a population that is
expected to grow by 50 per cent over the next 40 years (10
September 2020).
More...
PIO issued to Wingecarribe Shire Council
The NSW Government issued a Performance Improvement Order
(PIO) to improve relationships between councillors
at Wingecarribee Shire Council. The PIO focuses on councillor
training, the conduct of council meetings and mediation to
strengthen relationships between elected representatives and
prevent dysfunction (08 September 2020).
More...
'Untold economic damage': Councils demand action
to resolve hardships created by border closure
Six local councils from northern NSW are uniting to call
for changes to Queensland's border restrictions, which they say
are "separating families" and "denying people the
ability to earn a living" (04 September 2020).
More...
Queensland
Residents reject 13-storey student accommodation over
Langer garden
Spring Hill residents opposed to the proposal say the
building will be too big and create more congestion in an already
dense suburb (07 September 2020).
More...
'It's not our waste': Dump expands
operations without council approval
A landfill site near Ipswich, west of Brisbane, sparks
anger by expanding recycling operations without council or
community approval (01 September 2020).
More...
Developers who build green will get green back from
Brisbane council
Brisbane City Council will allow developers to apply for
50 per cent rebates on infrastructure charges if they meet a host
of requirements (01 September 2020).
More...
In practice and courts
Victoria
Last chance to stand for council
The
City of Melbourne (Electoral)
and Local Government (Electoral) Amendments Regulations 2020
came into operation on 2 September 2020 and end on 26 April 2021.
The amendments to the Electoral Regulations apply to candidate
nomination and scrutineer provisions as a result of the COVID-19
pandemic.
Local government elections
The Victorian Government has released its mandatory
Local Government Candidate Training course. The Local
Government Act 2020 requires prospective candidates to complete the
course in order to be eligible to nominate with the Victorian
Electoral Commission (VEC). This requirement also
applies to all serving or former councillors intending to
nominate.
The MAV is also continuing to deliver our Stand for Council
Community and Candidate Information Sessions for prospective
candidates and community members. Forty-four sessions have been
delivered to date, with around 700 participants. The VEC has
published its
COVIDSafe Election Plan, describing how it will ensure council
elections will be safe and accessible for all participants. The
Plan identifies a range of issues, including that the Electoral
Commissioner has sought authority to vary the requirement for a
candidate to sign the declaration on their nomination form in the
presence of the Election Manager where a candidate is displaying
symptoms indicating they may be unwell or is required to
self-isolate. The VEC will post ballot packs to enrolled voters in
early October.
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.
More...
COVID-19 update
On 2 August, the Premier
announced Victoria is in a State of Disaster and Stage
4 restrictions are in place for metropolitan Melbourne and Stage
3 restrictions are in place for regional Victoria until at
least 13 September.
The Metropolitan councils have worked quickly over the last week to
identify the essential services they deliver which require staff to
travel or attend on-site workplaces, and develop and implement
COVID-19 Safe Plans. Staff have also been issued with
permitted worker permits where travel and on-site work
attendance is required. Rural and regional councils have had to
implement Stage 3 restrictions, including mandatory wearing of
face-coverings in public and closure of libraries and other
community services.
Reimagining Health Grants
The new VicHealth
Reimagining Health Grants will open on 16 September and aim to
inspire application ideas that reimagine health and wellbeing in
2020 and 2021. VicHealth is encouraging applicants to submit on or
as close to 16 September to have the opportunity to get assessed
and notified early. Then funds could be provided more than two
months ahead of those who wait until the closing date.
Community Sport Sector Short-term Survival Package
Applications are now open for round two of the $40 million
Community Sport Sector Short-term Survival Package. The grants
are available to help community sporting clubs and associations
during the COVID-19 pandemic. Applications close 16 October.
Streamlining for Growth Program
The Victorian Government has renewed the Streamlining
for Growth program for the 2020/21 Financial Year. Continuing
programs like this was a major focus of our advocacy to the
Building Victoria's Recovery Taskforce and will assist councils
in progressing vital strategic work. This round of funding will
focus on projects to help stimulate investment and economic growth
in response to COVID-19 and bushfires. Applications close 9
October.
2020-21 Sporting Club Grants Program
Applications are open for the latest round of the
Victorian Government's
2020-21 Sporting Club Grants Program. Grants between $1,000 and
$5,000 are available to clubs for new uniforms, new equipment,
training coaches, to improve operations and more. Applications
close 29 September.
Sustainable Infrastructure Fund Grants
Grants of up to $300,000 are open to local councils and
alpine resort management boards to use recycled materials such as
glass, paper, cardboard, plastics and rubber to build new
infrastructure including roads, footpaths, outdoor park equipment,
drainages and cycleways. Applications close 8 October. More...
Minister's Good Practice Guideline MGPG-1: Virtual
Meetings
Issued by the Minister for Local Government pursuant to
section 87 of the Local Government Act 2020. The Victorian
Government'sCOVID-19 Omnibus (Emergency Measures) Act 2020 has
introduced into the Local Government Act 2020 (the
Act) new mechanisms that allows for virtual council
meetings –to ensure local government decision-making can
continue during the coronavirus pandemic. These new measures will
be in force from1 May 2020 until 1 November 2020.
More...
Melbourne Airport Environs Safeguarding Standing
Advisory Committee
The Melbourne Airport Environs Safeguarding Standing
Advisory Committee is currently seeking submissions to advise the
Minister for Planning on improvements to the planning provisions
safeguarding Melbourne Airport and its environs. Submissions are
also welcome on improvements to planning provisions that may help
safeguard other airport environs in Victoria. Submissions close 18
September 2020.
More...
City of Melbourne
See
Tenders for more information on the tendering process and
procurement policy, closed and awarded tenders (August –
September 2020).
More...
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.
Here is a copy of the letter sent to all councils co-signed by
Minister Somyurek and the Minister for Energy, Environment and
Climate Change, the Hon. Lily D'Ambrosio MP.
SRO: Register interest for HomeBuilder
Victoria has signed up to the National Partnership
Agreement that facilitates the HomeBuilder scheme. Eligible
recipients will be able to access grants of up to $25,000 to build
a new home or substantially renovate an existing home. We encourage
you to register
for our HomeBuilder email subscription service so that you can
receive progress updates. More...
NSW
LGNSW: Submissions
Draft Submission to NSW Department of Planning, Industry
and Environment – September 2020.
More...
Office of Local Government: Survey of seizures of cats
and dogs 2019-20 due
Due: 31 August 2020 - Survey of seizures of cats and dogs
2018-19 due.
Office of Local Government Circulars
20-36 End of Year Financial Reporting 2019-20
Category: Circular to Councils Status: Active (7 September
2020).
More...
20-35 2019-20 Survey of Seizures of Cats and Dogs
– Extension of Due Date
Category: Circular to Councils Status: Active (7 September
2020).
More...
Consultation: 50-Year Vision for Sydney's Open Space
and Parklands
A draft vision has been created to be shared and tested
with people who care about Sydney's parks and open
spaces. The draft 50-Year Vision for Greater
Sydney's Open Space and Parklands will be open for consultation
until 11 September 2020. More...
NSW Public Spaces Legacy Program
This new program is only available to the 68 councils
currently participating in the e-planning system. More...
Queensland
Queensland Planning Legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19. Note Temporary use licences for Councils (28 August
2020).
Cases
Commonwealth
Clarence City Council v Commonwealth of
Australia (No 2) [2020] FCAFC 147
COSTS – appellants successful in appeal –
first respondent advanced both written and oral submissions in
support of the appellants' position on appeal – whether
in such circumstances first respondent entitled to its costs of the
appeal, notwithstanding first respondent's opposition to the
ultimate relief sought by the appellants at first instance –
whether it is reasonable for the unsuccessful litigant to bear more
than one set of costs
Held: appellants will have their costs paid by the second
respondent in each of the appeals – not reasonable or fair in
all the circumstances for the second respondents to also pay the
first respondent's costs of the appeals – costs of the
proceeding at first instance reserved, pending final determination
of the proceedings by the primary judge
Victoria
Anderson v Stonnington Council [2020]
VSCA 229
STATUTORY INTERPRETATION – Subordinate instruments
– Subordinate instrument amended to extend heritage overlay
to property while development works in progress – Whether
'right' to complete works for purpose of Interpretation of
Legislation Act 1984 s 28(2)(e) – 'Right' to be
identified by reference to instrument – Western Australian
Planning Commission v Temwood Holdings Pty Ltd [2004] HCA 63;
(2004) 221 CLR 30, applied – Resort Management Services Ltd v
Noosa Shire Council [1996] QCA 441; [1997] 2 Qd R 291, considered
– Common opportunity to take advantage of absence of
regulation not a 'right' – Robertson v City of
Nunawading [1973] VicRp 81; [1973] VR 819, applied – Asserted
right defined imprecisely – Asserted right a mere opportunity
– Leave to appeal granted – Appeal dismissed.
PLANNING AND ENVIRONMENT – Existing uses – Whether
development works 'use' for purpose of Planning and
Environment Act 1987 s 6(3)(d) – 'Use' does not
extend to development – Nancy Shetland Pty Ltd v Melbourne
and Metropolitan Board of Works (1974)
PRACTICE AND PROCEDURE — Application for leave to amend
application for leave to appeal— Appeal from decision of
judge of Trial Division to dismiss appeal on questions of law from
Tribunal – Amendment sought to reintroduce issue withdrawn
before Tribunal — Whether in interests of justice to permit
amendment – Medical Practitioners Board v Lal [2009] VSCA
109; (2009) 23 VR 702, Commissioner of State Revenue v Mondous
(2018) 55 VR 643, applied – Proposed amendment raised
confined legal issue – Any evidentiary deficiencies to
applicants' disadvantage – Leave to amend granted
Taha v Mornington Peninsula SC
[2020] VCAT 989
Section 77 Planning and Environment Act 1987;
Mornington Peninsula Planning Scheme; General Residential Zone;
Three dwellings; Neighbourhood character
Greater Geelong CC v Transformer Metals Pty
Ltd [2020] VCAT 984
Section 114 of the Planning and Environment Act 1987;
Greater Geelong Planning Scheme; Urban Growth Zone; Materials
Recycling & Refuse disposal; Rectification
Eunson Pty Ltd v Darebin CC
[2020] VCAT 976
Section 77 of the Planning and Environment Act 1987,
impact on significant tree on neighbouring property, design
response, whether it is a site responsive design, proximity to
Merri Creek environs, landscape response
Madden v Nillumbik SC [2020] VCAT
968
Sections 82 and 80 of the Planning and Environment Act
1987; Nillumbik Planning Scheme; General Residential Zone; Seven
dwellings (six new dwellings to rear of existing dwelling); Native
vegetation removal. Neighbourhood character. Off-site amenity
impacts. Vehicle access. Traffic impacts.
Vimalanathan v Banyule CC [2020]
VCAT 977
Two attached double storey dwellings; Site constraints;
Neighbourhood character – planning policy versus existing
contexts; Vehicle access.
Krestyn v Boroondara CC [2020]
VCAT 974
Two double storey dwellings with basement floor levels;
Heritage considerations; Amenity of adjoining properties;
Neighbourhood Character. No permit
Chios v Yarra CC [2020] VCAT
970
Section 82 of the Planning & Environment Act 1987;
Yarra Planning Scheme; General Residential Zone Schedule 2;
Construction of a three storey dwelling; Neighbourhood Character;,
Amenity Impacts; internal amenity
Bryant v Yarra CC [2020] VCAT
963
Market; Residential amenity; Car parking; Permit
expiry each year; Enforcement and review by the Council.
Stock Corporation Pty Ltd v Yarra CC
[2020] VCAT 958
Mixed use development; Activity Centre expectation of
development; Extreme flood risk; Managing flood risk.
KM Develop Pty Ltd v Banyule CC
[2020] VCAT 946
Section 77 Planning and Environment Act 1987; Banyule
Planning Scheme; Height; Visual Bulk; Overlooking; Mixed Use
– retail and residential; interface between a mixed use and
residential zone.
Muir v Bayside CC [2020] VCAT
889
Application under section 77 of the Planning and
Environment Act 1987 – to review the refusal to grant a
permit. The construction of a dwelling extension on a lot of less
than 500 square metres.
Conway v Moreland CC [2020] VCAT
953
Moreland Planning Scheme; repeat appeal; neighbourhood
character; landscaping; loss of existing vegetation; views from
adjoining park; waste collection; secondary consent process.
Sharma v Monash CC [2020] VCAT
951
Two double-storey dwellings (with a basement) in a
one-behind-the-other layout. Application under section 80 of the
Planning and Environment Act 1987 – to review the conditions
contained in the permit.
Singh v Lugondela [2020] VSC
544
DAMAGES – Breach of contract for the sale of
land – Whether rule in Bain v Fothergill applicable –
Whether damages to be measured at time of breach or at a later time
– Johnson v Perez [1988] HCA 64; (1988) 166 CLR 351;
Noske McGinnis [1932] HCA 32; (1932) 47 CLR 563; Wroth v
Tyler [1974] Ch 30; Holmark Construction Company Pty Ltd v
Tsoukaris (1986) 4 BPR 9131; Vouzas v Bleake House Pty
Ltd [2012] VSC 534.
Anderson v Stonnington CC [2020]
VCAT 956
Stonnington Planning Scheme; medium density
development in an incremental change area; assessment of medium
density housing adjacent to a heritage place; visual bulk impacts
of two-storey medium density housing; landscaping outcomes as part
of a medium-density housing development.
McCartin v South Gippsland SC
[2020] VCAT 949
Extension to dwelling; Relevant planning permissions;
Adequacy of documentation; Relevance of bed and breakfast as of
right use. No permit
Nelson Street Pty Ltd v Mornington Peninsula
SC [2020] VCAT 945
To construct three dwellings and subdivision into three
lots. Application under section 77 of the Planning and Environment
Act 1987 – to review the refusal to grant a permit.
McKenzie v Campaspe SC [2020]
VCAT 943
Section 75 and 109 of the Planning and Environment Act
1987 (Vic); Costs application
Pursuant to section 75(2) of the Victorian Civil and Administrative
Tribunal Act 1998, the applicants are ordered to pay costs fixed in
the sum of $9,450.00 to Jenmar Drive Owners Corporation
Freeman v Boroondara CC [2020]
VCAT 912
Boroondara Planning Scheme; Neighbourhood Residential
Zone, Schedule 3; Tree retention; Overshadowing; Visual Bulk.
Flack v East Gippsland SC [2020]
VCAT 939
Section 82 of the Planning and Environment Act 1987
(Vic); East Gippsland Planning Scheme; Low Density Residential
Zone; Erosion Management Overlay; Low density 213 lot subdivision;
Stormwater; Response to slope of the site and erosion risks;
Landscaping and waterway management. No permit
Mitchell v Banyule CC [2020] VCAT
935
Two side-by-side dwellings. Application under section 77
of the Planning and Environment Act 1987 – to review the
refusal to grant a permit.
Modus CD Pty Ltd v Frankston CC
[2020] VCAT 934
Sections 79 and 149 of the Planning and Environment Act
1987. Frankston Planning Scheme. General Residential Zone. 162
dwellings. Subdivision. Native vegetation removal. Amendment of
Outline Development Plan.
Campbell v Nillumbik SC [2020]
VCAT 933
Two lot subdivision, vegetation removal, creation of an
easement, earthworks and associated works such as driveway
construction. Section 77 of the Planning and Environment Act 1987 -
to refuse to grant a permit. No permit
L & D Property Enterprises Pty Ltd v Greater
Geelong CC [2020] VCAT
927
Buildings and works to create a second dwelling. Section
77 of the Planning and Environment Act 1987 - to refuse to grant a
permit.
Cruz v Glen Eira [2020] VCAT
894
Section 82 of the Planning & Environment Act 1987;
Glen Eira Planning Scheme; General Residential Zone Schedule 1;
Construction of one double storey dwelling; Overshadowing; Daylight
to Windows; Daylight to Open Space; Bulk; Side and Rear Setbacks;
Development Opportunities.
NSW
Norcross Pictorial Calendars Pty Ltd v Central Coast
Council [2020] NSWSC 1201
Plaintiffs entitled to damages; Council's claim
for misleading or deceptive conduct to be dismissed
CONTRACTS – joint venture to develop Council's land into
car park and residential-commercial development
CONTRACTS – parties – whether second plaintiff a
successor to first plaintiff and able to sue under joint venture
agreement
CONTRACTS – where land contaminated with asbestos and other
substances – whether council liable under indemnity –
whether claim under indemnity out of time
CONTRACTS – where council agreed to grant easement - where
council granted easement and then rescinded motion granting
easement – proper construction of easement provision –
whether plaintiffs suffered loss
CONSUMER LAW – misleading or deceptive conduct –
whether first plaintiff's failure to provide Council with
geotechnical report prior to entry into joint venture agreement was
misleading or deceptive – whether warranties and indemnities
in joint venture agreement should be declared void
Local Government Act 1993 (NSW)
Kastanias v Georges River Council
[2020] NSWCATAD 213
Administrative Law – access to government
information - confidential information – whether prejudice to
the effective exercise of that agency's functions –
whether prejudice to a deliberative process – whether
prejudice to exercise of the agency's functions – breach
of confidence – whether prejudice to conduct, effectiveness
or integrity of any audit, test, investigation or review conducted
– whether disclosure reveals personal information –
whether disclosure contravenes an information protection principle
– whether disclosure reveals false or unsubstantiated
allegations – whether disclosure prejudices legitimate
business, commercial, professional or financial interests- whether
public interest considerations against disclosure outweigh the
public interest considerations favouring disclosure. Local
Government Act 1993
Beregi v Department of Planning Industry and
Environment [2020] NSWCATAP 185
APPEAL - government information – access
application – whether information "excluded
information" – whether consent to disclosure
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014;
Government Information (Public Access) Act 2009; Government
Information (Public Access) Amendment Act 2018; Local Government
Act 1993; Local Government Amendment (Early Intervention) Act
2013
Local Government (General) Regulation 2005; Royal Commissions Act
1923
Brown v Wingecarribee Shire Council
(No 2) [2020] NSWCATAD 225
COSTS – administrative review proceedings
– whether special circumstances established – fixed sum
costs order
HGM Corp Pty Ltd v Sutherland Shire
Council [2020] NSWLEC
1418
DEVELOPMENT APPLICATION – mixed use development
– site amalgamation / isolated site
Damerau v Central Coast Council
[2020] NSWLEC 1417
DEVELOPMENT APPLICATION – Torrens title
subdivision – essential services – insufficient
information in order to assess development application –
flood risk
Gunnedah Shire Council v Woodhead
[2020] NSWLEC 131
CIVIL ENFORCEMENT - failure to comply with clean-up
orders made pursuant to s 124 of the Local Government Act 1993 -
premises in an unhealthy and unsafe condition - owner of premises
ordered to clean them up within 60 days - substitute performance
order appropriate if premises not cleaned up as ordered COSTS -
Council seeks gross sum costs order - appropriate that gross sum
costs order be made - property owner ordered to pay Council's
costs in the gross sum of $8,500 within 28 days
Penrith City Council v Settlers Estate Pty
Ltd (No 2) [2020] NSWLEC 128
SEPARATE QUESTION: civil enforcement – whether
the construction of a drainage line, culvert and channel were
carried out contrary to approval by reason of their location
– issues narrowed upon tender of further revised works as
executed plan – construction contrary to stage 3 consent and
stage 3 roads and drainage construction certificate –
construction contrary to controlled activity approvals –
separate questions answered in favour of the council –
respondents to pay applicant's costs.
Bobolas v Waverley Council [2020]
NSWCA 201
APPEAL – application for order staying the
hearing of judicial review proceedings in the Land and Environment
Court – no basis demonstrated for appellate intervention in
respect of a matter of practice and procedure
Lakiss v Piangas [2020] NSWLEC
1405
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to
driveway and fence – whether the damage is caused by
neighbouring trees – whether the trees should be removed
– whether damage requires repairs – whether the tree
owner should pay for repairs
Jones v Moser [2020] NSWLEC
1399
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to
a retaining wall – whether the retaining wall is on the
common boundary – who is responsible for the retaining wall
– whether the wall must be replaced – whether consent
is required to replace the wall – whether the tree must be
removed – whether a paling fence must be replaced – who
should pay the costs of the works
Architecture Design Studio (NSW) Pty Ltd v
Canterbury-Bankstown Council [2020] NSWLEC
1398
DEVELOPMENT APPLICATION – State Environmental
Planning Policy (Affordable Rental Housing) – boarding house
development in R4 High Density Residential zone – weight
given to draft Local Environmental Plan – clause 30A
character of the local area
Queensland
Toowoomba Regional Council v Wagner Investments Pty Ltd
& Anor [2020] QCA 191
STATUTES – ACTS OF PARLIAMENT –
INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS –
EXERCISE OF POWERS AND DUTIES – IN RELATION TO INSTRUMENTS
– where s 630(1) Sustainable Planning Act 2009 (Qld)
(SPA) permitted a council, by resolution, to adopt
charges for providing trunk infrastructure for development –
where s 635 SPA permitted a council to give an infrastructure
charges notice if a development approval had been given and an
adopted charge applied for providing the trunk infrastructure
– where s 636 SPA provided that a levied charge may be only
for additional demand placed upon trunk infrastructure that will be
generated by the development – where the Council issued an
infrastructure charges notices for the development – whether
the identification of additional demand generated by the
development was a threshold issue for issuing the notice or whether
the notice must issue for the additional demand generated by the
development
STATUTES – INTERPRETATION – GENERAL APPROACHES TO
INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS –
EXERCISE OF POWERS AND DUTIES – IN RELATION TO INSTRUMENTS
– where the respondents were the developers for a new airport
and business park development – where the Council under the
charges resolution issued infrastructure charges notices for the
respondents' development – where the development was
classified as "air services" – where "air
services" fell within the "special uses" development
category in the table of adopted charges for non-residential
development – where the charges resolution provided for the
adopted charge for the "specialised uses" charges to be
"the charge the Council determines should apply for the use at
the time of assessment based on an assessment of use and
demand" – where the Council assessed use and demand by
selecting a development category from the table that best related
in general terms to the proposed use of air services and the demand
from that use – whether the Council was required to make a
development specific assessment of use and demand
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
COURTS AND TRIBUNALS WITH ENVIRONMENTAL JURISDICTION –
QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS
PREDECESSORS – RIGHT AND AVAILABILITY OF APPEAL – where
the respondents were the developers for a new airport and business
park development – where the Council issued infrastructure
charges notices for the development – where the respondents
seek to appeal against the infrastructure charges notices –
where s 478(2)(b) SPA allows grounds for an appeal where there is
an error relating to the application of the relevant adopted charge
– where the Council calculated the infrastructure charges
notices by applying the adopted charge for the relevant development
category to the gross floor area (GFA) of the
development – where the primary judge accepted that there was
little correlation between GFA and additional demand on trunk
infrastructure – whether the challenge to the GFA methodology
was precluded by s 478(3)(a) SPA
Legislation
Victoria
The Cladding Safety Victoria Bill
Introduced 03 September 2020 - the Cladding Safety
Victoria Bill 2020, introduced on 3 September 2020, formally
establishes Cladding Safety Victoria (CSV) to
deliver the Cladding Rectification Program. The Bill will empower
CSV to carry out all required functions to deliver the program.
Statutory Rules
No 92: City of Melbourne (Electoral) and Local
Government (Electoral) Amendment Regulations 2020
01/09/2020; Date of commencement 02/09/2020: reg. 3
Victorian legislation can be accessed here
NSW
Regulations and other miscellaneous instruments
Environmental Planning and Assessment (Regions) Order
2020
(2020-537) — published LW 11 September 2020
Environmental Planning and Assessment Amendment (Western
Sydney Aerotropolis) Regulation 2020
(2020-536) — published LW 11 September 2020
Floodplain Management Plan for the Border Rivers Valley
Floodplain 2020
(2020-538) — published LW 11 September 2020
Floodplain Management Plan for the Lower Namoi Valley
Floodplain Order 2020
(2020-539) — published LW 11 September 2020
Public Holidays Amendment (Lismore City Council and Grafton
City) Order 2020
(2020-533) — published LW 9 September 2020
Environmental Planning and Assessment Amendment (St
Leonards and Crows Nest Special Contributions Area) Order
2020
(2020-518) — published LW 31 August 2020
Environmental planning instruments
State Environmental Planning Policy (Western Sydney
Aerotropolis) 2020
(2020-545) — published LW 11 September 2020
State Environmental Planning Policy (Koala Habitat
Protection) Amendment (Planning for Bush Fire Protection)
2020
(2020-522) — published LW 3 September 2020
State Environmental Planning Policy (State Significant
Precincts) Amendment (Barangaroo Site) 2020
(2020-523) — published LW 3 September 2020
State Environmental Planning Policy Amendment (Crows Nest
Metro Station) 2020
(2020-520) — published LW 31 August 2020
For the full text of Bills, and details on the passage of Bills, see Bills.
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.