In the media
Budget's 'vote of confidence' in
councils
The Treasurer says the 2020 budget will help rebuild the economy by
building more roads, rail and bridges. Australian councils have
hailed it as a vote of confidence in the ability of local
government to steer the nation back to prosperity after Treasurer
Josh Frydenberg announced a $213.7 billion deficit with debt
peaking at $966 billion in 2024 (06 October 2020).
More...
$1 billion vote of confidence in local
councils
Further Commonwealth support for local government in the Federal
Budget will help deliver the targeted short-term stimulus critical
to national economic recovery and growth. Australian Local
Government Association (ALGA) President David O'Loughlin
commended Treasurer Josh Frydenberg's announcement of a further
$1 billion investment in the local roads and community
infrastructure as a vote of confidence (06 October 2020).
More...
New Morrison government initiatives a major fillip for
regional communities, says ALGA
The ALGA has welcomed new Federal Government support for regional
and remote communities hard-hit by Covid-19, drought, and last
summer's bushfires. The announcements by Deputy Prime Minister
and Minister for Infrastructure, Transport and Regional Development
Michael McCormack include two new initiatives – a Regional
Recovery Partnerships Program and Resilient Regional Leaders (05
October 2020).
More...
More council stimulus funding expected in
budget
Australia peak body for local government is banking on next
week's budget to deliver an extension of Commonwealth stimulus
measures for councils. The budget comes as councils buckle under
the impact of COVID-19, with a recent report showing many are in
the red (01 October 2020).
More...
Most want government to do more to protect
privacy
More than eighty per cent of Australians think the government
should do more to protect the privacy of their data, according to a
survey by the OAIC. Privacy Commissioner Angelene Falk says the
survey highlights the importance of data privacy to Australians in
a time of rapidly evolving data collection and storage (28
September 2020).
More...
The OAIC's
Australian Community Attitudes to Privacy Survey also
shows government is more trusted than business when it comes to the
protection of personal information.
Victoria
Council chastised for use of ratepayer funds on espresso
martinis, day spa massages
Victoria's Ombudsman says senior managers at Warrnambool City
Council "could and should" have done more after learning
of credit card misuse to purchase alcohol, massages and
"travel coinciding with football games" (09 October
2020).
More...
Text message sparks council candidate complaint over
newspaper bias
An errant text message from a newspaper editor has sparked a bitter
battle involving allegations a media outlet is trying to sway a
council election (08 October 2020).
More...
How do you campaign for council when you can't
doorknock or handshake?
John Karagiannidis is running for a spot on a Melbourne council,
but is running a very different election campaign during lockdown.
Over 2,100 people have nominated for Victoria's council
elections, but some are questioning the fairness of running the
polls during a lockdown (08 October 2020).
More...
Bendigo leaders disappointed at airport budget
snub
Bendigo leaders say the Central Victorian region has been largely
ignored in the Federal Budget (07 October 2020).
More...
Video urges Victorians to report corruption in local
government
Victoria's anti-corruption agencies have produced a video
explaining how members of the community can make a complaint or
report wrongdoing in local government. With Victorians voting
in local government elections this week, Acting Chief Municipal
Inspector Dr John Lynch said now was an ideal time to remind people
of the importance of integrity in government (05 October 2020).
More...
Beware the dummies: How to pick the 'stooges'
among 2,000 candidates running in council elections
More than 4.5 million Victorians will receive voting forms in the
mail next week for the upcoming council elections — what
remains unclear is how many of the candidates listed on the ballots
actually want to win office (02 October 2020).
More...
Record number of Victorian women stand for
council
A record number of women have nominated as candidates in
Victoria's local government elections, with ballots to be
posted to millions of voters around the state next week (01 October
2020).
More...
Survey reveals COVID's toll on local government
bottom line
A survey of Victorian local government financial professionals has
found that many councils are expecting to report their first ever
operating deficits in the 2021 financial year as COVID-19 takes its
toll (27 September 2020).
More...
NSW
Push to restore Glebe Island Bridge and reduce motorway
'scarring' on inner Sydney
Plans to reshape the inner-city suburb of Pyrmont are seen as a
chance to debate the future of the historic bridge and the Western
Distributor motorway ramps (05 October 2020).
More...
Councillors call for greater representation of women in
'boys' club' councils
Female councillors across NSW push for more women to stand for
election ahead of vote in September 2021 (05 October 2020).
More...
'Test case in fairness': Minister challenged to
hold firm on housing targets
NSW Planning Minister Rob Stokes has been challenged by the
Opposition to hold firm against a blue-ribbon council over its
housing targets, with his shadow counterpart calling it a test case
in fairness (01 October 2020).
More...
Planning Minister warns of 'direct action'
against north shore council over housing targets
Rob Stokes has accused a council on Sydney's north shore of
"throwing its toys out of the cot" for trying to abandon
its housing targets (30 September 2020).
More...
Byron Bay's main beach is disappearing as erosion
gouges coastline
Locals liken one of Australia's most famous stretches of sand
to an obstacle course, as erosion exposes rocks and undergrowth
that could pose a danger to people unfamiliar to the are (29
September 2020).
More...
Queensland
Gold Coast land supply will dry up within five years,
developers warn
The State Government reports there is enough land for 45,000 new
dwellings on the Gold Coast, despite fears from the construction
sector that less than a quarter of that land could be developed (02
October 2020).
More...
RSL fights plan to put road through garden where
veterans' ashes are scattered
Taken unawares by a State Government funding announcement, a
Sunshine Coast RSL sub-branch is vowing to take council on over a
plan to put a road through a memorial garden (01 October 2020).
More...
Palaszczuk government rings in Bells Creek upgrade with
$57 million roads bonanza
Transport and Main Roads Minister Mark Bailey said said the project
was a great example of how all levels of government are working
together on the Sunshine Coast, with council and the Australian
Government to also fund the upgrade. Sunshine Coast Council Acting
Mayor Councillor Rick Baberowski welcomed the Queensland
Government's commitment to the Nicklin Way/Third Avenue
intersection upgrade project (30 September 2020). More...
In Practice and Courts
Federal Budget 2020-21
The Federal Government delivered the Budget for
2020-21 on 6 October. With a strong focus on the
economic recovery from COVID-19, the
Budget includes $98 billion in response and recovery
support. The Australia Local Government Association issued
a
media release welcoming the further $1 billion
investment in the Local Roads
and Community Infrastructure Program.
Budget 2020-21: What it means for the Local Government
sector
This year's Federal Budget has addressed many of the
priority issues that ALGA has been advocating and campaigning for
over many years. Key areas by industry are summarised here (09
October 2020).
More...
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 (October
2020).
Regional Connectivity Program: Funding
applications
Examples of projects that could be funded under the
Program include upgrades to mobile infrastructure to improve
community access to telehealth, remote education and retail
internet and phone services, or the development of enterprise-grade
broadband networks. Register potential projects on the noticeboard. Applications close
on 20 October 2020. Go to the Commonwealth's central grants
website: www.grants.gov.au for
guidelines.
National heavy vehicle regulation impact statement
A summary of these changes on pages 18-21 of the
RIS Guide and read about the full details in the
RIS itself. We are keen to understand council views on
these proposals to ensure that councils rights as road managers are
not overridden in any way. Submissions close in December 2020.
More...
TIC and the Department of Infrastructure consultation:
Proposed changes to the way heavy vehicle charges are set and
invested
A
Consultation Paper issued examines the way heavy vehicle
charges are currently set and looking to ensure they better reflect
the levels of service delivered by government to the industry. This
will have long-term potential impacts on how council managed road
networks are funded into the future. Consultation or for written
submission swill be open until at least the end of September 2020.
More...
Victoria
City of Melbourne Annual Report 2019–20
A meeting of the Melbourne City Council will be held on 20
October 2020. At this meeting of Council, the Annual Report
2019–20 will be considered.
More...
City of Melbourne: View all current tenders
See Tenders for more information on the tendering process
and procurement policy, closed and awarded tenders.
More...
SRO: Further tax and fee relief measures
14 September 2020 - As part of a $3 billion business
support package, the Victorian Government has announced further
coronavirus tax relief measures, including waiving of liquor
licencing fees for 2021, deferral for 2020-21 payroll tax
liabilities, and duty reductions for those buying commercial or
industrial property in regional Victoria.
Note: Following the recent Victorian
bushfires, the Victorian Government
passed legislation in April 2020 to bring forward the 50%
stamp duty discount for contracts entered into on or after 27
January 2020 to buy commercial or industrial property in
bushfire affected LGAs. The 50 per cent stamp duty discount for
commercial and industrial property across all of regional Victoria
will be brought forward to 1 January 2021.
COVID-19 update
Melburnians are hoping public health thresholds will soon
be met to enable them to move to the Third Step in the roadmap for
the easing of restrictions. Revised roadmaps for metropolitan
Melbourne and regional?Victoria, as well as industry restrictions
by region are available
here.
The DHHS has updated the
guidance regarding the enforcement of parking restrictions
within the metropolitan Melbourne area. Councils are now permitted
to enforce parking restrictions, including Green Parking Zones, to
ensure public safety and access. Parking inspectors must ensure
that they work outdoors, maintain?physical distance (1.5 metres),
wear a face covering, practice good hygiene and avoid interactions
in close spaces.
Climate change adaptation resources
The Victorian Government Department of Environment, Land,
Water and Planning has published
Local Government Climate Change Adaptation Roles and
Responsibilities under Victorian legislation: Guidance for local
government decision-makers.
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.
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
Local Government elections
The Victorian Electoral Commission has been provided
the
authority to extend the postal voting timeline for the current
Victorian local council elections, if necessary, to ensure that
voter participation and election results are not affected by any
possible mail delivery delays. For more information, visit
the VEC
website.
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 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.
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.
Outdoor Eating and Entertainment Package business
grants
Applications are now open for the $58 million
Outdoor Eating and Entertainment
Package. Grants of up to $5,000 are
available to licensed and unlicensed hospitality
businesses, including restaurants, cafes, pubs/taverns, bars,
clubs and takeaway food venues. Applications close on 11
December 2020.
Applications open for the Licensed Hospitality
Venue Fund
Grants of up to
$30,000 are available through the $251
million
Licensed Hospitality Venue Fund program. The
fund supports eligible liquor licensees with
hospitality venues impacted by the restrictions put in place to
slow the spread of coronavirus. Applications close on 23
November 2020.
$8 million in grants available to deliver Australia Day
2021 events
The National Australia Day Council in collaboration with
Australia Day Victoria, is offering $8 million in
grants for councils to deliver Australia Day 2021
events. Councils are eligible for a $20,000 grant
to ensure their events are COVIDsafe. Councils
can also download a free Australia Day-branded Reflect. Respect.
Celebrate. event artwork here and
apply for a $1,000 grant for production. For more information
please visit australiaday.org.au.
Aboriginal Community Response and Recovery Fund
The
Aboriginal Community Response and Recovery Fund has been
established to support Aboriginal Victorians to deliver
community-led initiatives to respond to the impacts of coronavirus
(COVID-19). The fund's total value is $10 million and
applications close 30 November 2020.
Community Sports Infrastructure Loans Scheme
Applications are now open for the second round of the $100
million
Community Sports Infrastructure Loans Scheme. The low-interest
government-guaranteed loans from $500,000 to up to $10 million are
available to councils, clubs, associations, educational
institutions and facility managers to develop high-quality
community sport and active recreation infrastructure. Applications
close 15 December 2020.
New funding for primary producers
New funding is available through Disaster
Recovery Funding Arrangements to help grape growers in local
government areas outside bushfire zones who have had their crops
affected by smoke. The grant is available through Rural
Finance (1800 260 425) and is open until 31 December.
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.
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...
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, the Hon. Lily D'Ambrosio MP
Approvals
VC169 changes the VPP and all planning schemes in Victoria
by changing the Planning Policy Framework to help direct
balanced outcomes for housing growth and built form, while also
clarifying and consolidating housing policy.
Moonee Valley C213moon corrects errors that occurred as
part of the approval of Amendment C201moon.
Macedon Ranges C134macr rezones land forming part of the
declared road reserve of Malmsbury East Road near Malmsbury from
Farming Zone to Road Zone, Category 1; and corrects obvious and
technical errors, clarifies or improves grammar or language,
inserts or updates headings, updates references to a clause,
changes a description of a department or undertakes a combination
of the above in Clauses 21.02, 21.04, 21.05, 21.06, 21.07, 21.08,
21.09, 21.10, 21.12 and 21.13 of the Municipal Strategic Statement
and Schedule 7 to Clause 43.02 (Design and Development Overlay),
Schedule 4 to Clause 43.04 (Development Plan Overlay), Schedule 14
to Clause 43.04 (Development Plan Overlay), Schedule 1 to Clause
44.06 (Bushfire Management Overlay) and Schedule 2 to Clause 44.06
(Bushfire Management Overlay).
Maroondah C143maro extends the expiry dates of interim
Heritage Overlay controls for places and precincts within the
Jubilee Park heritage area in Ringwood (introduced through
Amendment C117) until 31 March 2021.
Melbourne C386melb implements the recommendations of the
Hoddle Grid Heritage Review by introducing the Heritage Overlay on
an interim basis to 68 individual places and extends the boundary
for four precincts until 29 May 2022, deletes two existing interim
heritage controls, and makes other consequential changes.
Moreland C174morept1 applies the Heritage Overlay on
a permanent basis to 75 individual sites, 4 heritage precincts, 3
serial listings and 10 precinct extensions in Brunswick, Brunswick
East, Brunswick West, Coburg, Coburg North, Glenroy, Fawkner,
Fitzroy North, Oak Park, Pascoe Vale and Pascoe Vale
South. The amendment also introduces 'The Moreland
Heritage Exemptions Incorporated Plan 2019' and rectifies
anomalies in Clause 22.06 (Heritage) and in the Schedule to Clause
43.01 (Heritage).
Stonnington C310ston amends the Toorak Road – South
Yarra Tramway and Railway Station Infrastructure Upgrade
Incorporated Document, September 2019 by: Extending the
incorporated document's expiry date for commencement of use and
development; extending the incorporated document's expiry date
for completion of development; and making the Minister for Planning
responsible for the approval of plans.
Yarra C231yarapt1yara introduces permanent built form
controls in Queens Parade by replacing the existing Design and
Development Overlay, Schedule 16 (DDO16) with a new DDO16, rezones
the land at 660-668 Smith Street and 1-41 Queens Parade, Clifton
Hill from Commercial 2 to the Commercial 1 Zone and applies an
Environmental Audit Overlay to it, applies the Heritage Overlay to
various sites within the Queens Parade Neighbourhood Activity
Centre as well applying and modifying building gradings via
incorporated documents.
Yarra C231yarapt3yara introduces permanent built form
controls to 141-167 Queens Parade, Clifton Hill by replacing the
Design and Development Overlay, Schedule 20 with a new Development
Overlay, Schedule 16.
Yarra C284yara extends the expiry dates of the
interim built form controls that apply to the Bridge Road (DDO21)
and Victoria Street (DDO22) Activity Centres and to Collingwood
South (Mixed Use) Precinct (DDO23) until 30 June 2021.
Yarra C285yara facilitates the development of land at
36-52 Wellington Street, Collingwood, for a multi (fifteen) storey
office building, use of the land for food and drink premises and a
reduction in car parking by introducing an Incorporated Document in
the Yarra Planning Scheme titled '36-52 Wellington Street,
Collingwood – Incorporated Document, September 2020' and
amending the Schedule to Clause 45.12 'Specific Controls
Overlay' to introduce SCO15.
Panel Reports
Cape Otway Road Australia Development Advisory
Committee Elite athlete training facility, tourism
development and residential subdivision at 1300-1320 Cape Otway
Road, Modewarre
NSW
LGNSW: Submissions
LGNSW submission to IPART's draft report on interment costs and
pricing
Draft submission to Independent Pricing and Regulatory Tribunal
(IPART) October 2020
Office of Local Government Circulars
20-37 Status of special COVID-19 measures
September 22, 2020 - Circular Details20-37 / 22 September
2020 / A723972
Amdts extend the period during which the special COVID-19 pandemic
provisions of the Local Government Act 1993 (the
Act) apply, and postpone the repeal of the COVID-19 pandemic
regulation-making power in the Act.
More...
Queensland
Walkable Neighbourhoods
The Queensland Government has introduced
the Mandatory Planning (Walkable Neighbourhoods)
Amendment Regulation 2020. The new benchmarks may be overridden by
local government planning schemes that enforce a stricter criteria.
The benchmarks will apply to any subdivisions that:
- Are in a residential (excluding rural residential or similar
zone) tourism accommodation, emerging community or mixed-use
zone
- Have a single lot dedicated for residential purposes
- Include the creation of roads or extension to existing
roads
The regulation will apply to all Development Applications lodged
after September 28 2020. To find out more about the Mandatory
Planning (Walkable Neighbourhoods) Amendment Regulation
2020 and the supporting technical documents, please
click
here (September 2020).
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. The Minister for Planning has extended the COVID-19
emergency applicable event to 31 October 2020.
More...
Open for consultation: Moreton Bay Regional Economic
Development Strategy
Moreton Bay Regional Council has developed a Regional
Economic Development Strategy that is now open for community
consultation. The strategy provides a 20-year economic vision
for Moreton Bay, and a blueprint for sustainable economic growth
into the future. To view the draft strategy and provide
feedback, please click
here.
Cases
Axent Holdings Pty Ltd t/a Axent Global v Compusign
Australia Pty Ltd [2020] FCA
1373
PATENTS – changing sign system for use as variable
speed limit sign on roadways – construction of claims –
whether method or product claims – product claims containing
a limitation by result – clarity of claims –
infringement – defence of Crown use – defence of
innocent infringement – defence of prior use – lapsed
patent – alleged invalidity of patent on grounds of lack of
novelty, inventive step and entitlement, and failure to disclose
best method – held: No infringement; patent wholly invalid
for lack of inventive step; partially invalid for want of
novelty
Acts Interpretation Act 1901 (Cth) s 15AA
City of Adelaide Act 1998 (SA) s 4
City of Greater Geelong Act 1993 (Vic) s 5
Copyright Act 1968 (Cth) s 115
Evidence Act 1995 (Cth) ss 60, 63, 67, 69, 79, 135, 136, 160,
192
Federal Court Rules 2011 (Cth) rr 1.34, 23.13, 30.29
Highways Act 1926 (SA) ss 2, 8, 10(1), 13, 20, 20B, 26, 28, 31,
31A, 32
Local Government Act 1989 (Vic) ss 3C, 3D, 111, 111A,
132, 133, 135, 186, 203, 204, 205, 206, 207, 208H, 209, 218,
218A.
Victoria
ST Architects Pty Ltd v Whitehorse
CC [2020] VCAT
1127
The construction of five, double storey dwellings on a
lot, removal of vegetation and buildings and works within four
metres of protected trees in a Significant Landscape Overlay,
Schedule 9 (SLO9). Application under section 77 of the Planning and
Environment Act 1987 – to review the refusal to grant a
permit.
Petridis Architects v Whitehorse CC
[2020] VCAT 1120
Section 77 Planning and Environment Act 1987, Whitehorse
Planning Scheme, Neighbourhood Residential Zone – Schedule 5,
Significant Landscape Overlay – Schedule 9, neighbourhood
character, landscape character, activity centre planning, front
setback, secluded private open space areas.
Mead v Kingston CC [2020]
VCAT 1114
Kingston Planning Scheme; GWZ2; UFZ; DDO5; PAO1; Transfer
station; Operating characteristics and whether use meets condition
in table of uses in GWZ2; Response to strategic and physical
contexts; Orderly planning; Amenity impacts.
Bzezinski v Bayside CC
[2020] VCAT 1110
80 of the Planning and Environment Act 1987; Review the
conditions contained in the permit; Bayside Planning Scheme;
Neighbourhood Residential Zone – Schedule 3; Clause 22.06
Neighbourhood character policy; Precinct C1; Deletion of balcony,
eave and screen.
Savkoska v Mornington Peninsula
SC [2020] VCAT
1101
To amend condition 34 and 37 of Permit TPA/25851/B to
allow background music on the decking of the hotel
Application under section 77 of the Planning and Environment Act
1987 – to review the refusal to grant an amended
permit.
Eric Salter Pty Ltd v Macedon Ranges
SC [2020] VCAT
1094
The decision of the Responsible Authority is set aside.
The permit allows:Re-subdivision of Three (3) Lots into Twelve(12)
lots in two (2) stages and Removal and Creation of Easements and
Alteration to an Access to a Road Zone, Category 1
Samda Five Pty Ltd v Whittlesea CC
[2020] VCAT 1100
Construction of four double storey dwellings on land at
Lot 185 on Lodged Plan 40752, 75 Messmate Street Lalor (the review
site). Application under section 77 of the Planning and Environment
Act 1987 – to review the refusal to grant a permit.
Nguyen and Zhang Investment Pty Ltd ATF Nguyen and Zhang
Investment Pty Ltd Trust v Bayside CC
[2020] VCAT 1098
Application under section 80 of the Planning and
Environment Act 1987; Review the conditions contained in the
permit; Bayside Planning Scheme; Hampton Major Activity Centre;
Commercial 1 Zone; Design and Development Overlay – Schedule
12; Amendments to plans; Overshadowing; Car parking; Materials and
finishes; Plant and equipment.
Anasis v Hume City Council &
Anor [2020] VSC
620
JUDICIAL REVIEW AND APPEAL – Application for
judicial review of decision by VCAT to make enforcement order under
s 114 Planning and Environment Act 1987 (Vic) for contravention of
Council Planning Scheme – Whether Tribunal erred in weighting
of evidence amounting to denial of natural justice – No error
of law in Tribunal's approach to evidence – Whether
denial of opportunity to cross examine on affidavit received after
conclusion of evidence amounts to denial of procedural fairness
– No denial of procedural fairness arises where Tribunal gave
no weight to affidavit – No grounds of review made out
– Application dismissed.
Howard Finance Pty Ltd v Yarra City
Council [2020] VSC
610
PROPERTY – Declarations sought that lane is not a
public highway - Onus of proof - Whether presumption of dedication
arose from long use by the public – Whether rebutted by
evidence including as to installation of gate(s) –
Alternatively whether lane was a road by reason of being a right of
way under the Local Government Act 1989 (Vic) s 3 - No declarations
made – Anderson v City of Stonnington
[2017] VSCA 229; (2017) 227 LGERA 176 applied
– Mayberry v Mornington Peninsula Shire
Council (2019) 59 VR 383 cited – Road Management
Act 2004 (Vic) s 3, sch 5 sub-cls 1(4), 1(5).
Sena Property Group Pty Ltd v Boroondara
CC [2020] VCAT
1037
Application under section 77 of the Planning and
Environment Act 1987 – to review the refusal to grant a
permit
Construction of seven dwellings, six of which have a three-storey
height and one is double storey.
Salfi v Whittlesea CC
[2020] VCAT 1096
Application under s. 81(1) Planning and Environment Act to
review the refusal to extend the time to commence a development.
Construction of a dwelling to the rear of an existing dwelling.
Meseha v Monash CC [2020]
VCAT 1084
Construction of three double-storey dwellings. Application
under section 79 of the Planning and Environment Act 1987 –
to review the failure to grant a permit within the prescribed
time.
Cardinia SC v Douglas
[2020] VCAT 1088
Pursuant to section 115B and 115CA of the Victorian Civil
and Administrative Tribunal Act 1998, Stephen Ross Douglas is
ordered to reimburse the applicant, Cardinia Shire Council, the
whole of the application fee and daily hearing fee paid by the
applicant in the proceeding, namely $2,280.40, within 60 days of
the date of this order
Application under section 114 of the Planning and Environment Act
1987 – application for an enforcement order.
Bread & Butter Investments Pty Ltd v Port Phillip
CC [2020] VCAT
1080
Construction of two dwelling scomprising a three storey
building and a basement car park on land at 3 Hood Street, Elwood
(the review site) Application under section 82 of the Planning and
Environment Act 1987–to review the decision to grant a
permit.
Lindsay Smith v Hobsons Bay
CC [2020] VCAT
1070
To construct two, two storey dwellings. The site coverage
is 62.3 per cent and Garden Area is 35.9 per cent
Application under section 82 of the Planning and Environment Act
1987 – to review the decision to grant a permit.
Clause 1 Planning v Whittlesea
CC [2020] VCAT
1082
Section 81(1) of the Planning and Environment Act 1987;
Whittlesea Planning Scheme; General Residential Zone Schedule 4;
Development Contributions Overlay Schedule 3; Construction of four
dwellings; Request to extend permit; Change in zoning; Likelihood
of permit being granted under current scheme.
Hansen v Yarra CC [2020]
VCAT 1074
Section 82 of the Planning & Environment Act 1987;
Yarra Planning Scheme
Two dwellings: Off-site amenity impacts (Clause 55).
Chen v Stonnington CC
[2020] VCAT 1062
To construct a two-storey dwelling, swimming pool, front
fence and removal of trees. Application under section 77 of the
Planning and Environment Act 1987 – to review the refusal to
grant a permit.
Huang v Boroondara CC [2020]
VCAT 1067
Section 77 of the Planning and Environment Act 1987.
Boroondara Planning Scheme. Neighbourhood Residential Zone.
Heritage Overlay. Partial demolition, alterations and two-storey
additions. Heritage streetscape. Off-site amenity
impacts.
Planning & Design Pty Ltd v Darebin
CC [2020] VCAT
1069
Darebin Planning Scheme; Residential Growth Zone, Schedule
1; Amendment to include additional bedrooms within apartments;
Secluded private open space; Internal layout; Internal amenity.
Stefanetti v Manningham
CC [2020] VCAT
1060
Applications under Section 82 of the Planning and
Environment Act 1987. Manningham Planning Scheme. Residential
Growth Zone. Design and Development Overlay Schedule, 8. Four
storey apartment development. Built form. Amenity. Vehicle
access.
NSW
HP Subsidiary Pty Ltd v City of Parramatta
Council [2020] NSWLEC
135
DEVELOPMENT APPLICATION – residential flat buildings
– jurisdictional preconditions to grant of consent –
satisfaction of preconditions – traffic generated by
development – whether traffic management works required to
prevent illegal manoeuvres – whether development not to be
approved until traffic management works constructed.
Ritchie v Blacktown City
Council [2020] NSWLEC
1474
MODIFICATION APPLICATION – alter condition requiring
designation of all four dwellings of two dual occupancies as
affordable rental housing requiring only one – whether all
dwellings should be so designated – if not, whether one from
each of two dwellings should be designated – statutory
construction – public interest.
Westminster Projects Pty Ltd v Blacktown City
Council [2020] NSWLEC
1471
DEVELOPMENT APPLICATION – multi-dwelling development
– solar access – amenity.
Abdullah v Strathfield Municipal
Council [2020] NSWLEC
1467
Modification application – add bedroom to approved
dwelling – bedroom had been required to be deleted as a
condition of consent sought to be modified – bulk and scale
– character – compliance with controls in local
environmental plan – whether provisions of development
control plan met.
Harbour Port East Coast Pty Ltd v Sutherland Shire
Council [2020] NSWLEC
1456
DEVELOPMENT APPLICATION – development within Zone W2
Recreational Waterways – water recreation structures –
mooring pen – is information about vessel in a pen required
in order to assess visual impact – visual impact on view from
the waterway – visual character of locality – potential
interference with navigation.
Junn v Willoughby City
Council [2020] NSWLEC
1459
DEVELOPMENT APPEAL – subdivision – dual
occupancy – orders.
Queensland
Catterall
& Ors v Moreton Bay Regional Council &
Anor [2020] QPEC
52
PLANNING AND ENVIRONMENT – APPEAL – where
appeal against decision to approve a change application for other
than a minor change to a development approval – where the
changes proposed increase building height but reduce density, bulk
and scale – whether the subject land is suitable for high
density residential development – whether the changed
development, by reason of its height, bulk, scale and density, will
have unacceptable impacts on character and amenity – whether
the height, bulk scale and density of the changed development
complies with the respondent's planning scheme – whether
the change application should be approved or refused
Acts Interpretation Act 1954 Qld s 14B
Planning Act 2016 Qld ss 45, 59, 60, 78, 82, 229 and Sch 1 &
2
Planning & Environment Court Act 2016 Qld ss 43, 45, 46 and
47.
Legislation
Victoria
Acts
Retail Leases Amendment Act 2020 (Vic)
Date of commencement: 1 October 2020 - Part 3 Division 2 (sections
9 to 14) of the Act came in by forced commencement on 1 October
2020 s. 2(3) Act Number: 26/2020
Statutory Rules
No 107
COVID-19 Omnibus (Emergency Measures) (Commercial Leases and
Licences) Miscellaneous Amendments Regulations 2020
29 September 2020 -To amend the COVID-19 Omnibus (Emergency
Measures) (Commercial Leases and Licences) Regulations 2020
NSW
Regulations and other miscellaneous instruments
Government Sector Finance Amendment (Independent Planning
Commission) Regulation 2020 (2020-600) — published
LW 9 October 2020
Uniform Civil Procedure (Amendment No 94) Rule
2020 (2020-604) — published LW 9 October 2020
Environmental Planning Instruments
Local Environmental Plan Amendment (Major Infrastructure
Corridors—Maps) 2020 (2020-596) — published LW
2 October 2020
State Environmental Planning Policy (Infrastructure) Amendment
(Sydney Metro West Interim Corridor) 2020 (2020-591)
— published LW 2 October 2020
State Environmental Planning Policy (Western Sydney Aerotropolis)
Amendment (Commencement) 2020 (2020-586) — published
LW 30 September 2020
State Environmental Planning Policy (Western Sydney Employment
Area) Amendment (Minor Amendments) 2020 (2020-592) —
published LW 2 October 2020
State Environmental Planning Policy Amendment (Newcastle
Restaurants and Small Bars) 2020 (2020-585) —
published LW 30 September 2020
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