In the media
Commonwealth
Flood crisis highlights need for 'tough
conversation' about suburban spread: Littleproud
Australia must have a "tough conversation" about
where people should build their homes, Emergency Management
Minister David Littleproud says. State and local governments needed
to urgently devise new rules for planning and developments, based
on recommendations from the bushfires royal commission (22 March
2021).
More...
Victoria
Australia's largest, most efficient, vertical solar
panel system now at Paragon
Melbourne property developer, Beulah, has announced its
mixed-use, 48 storey tower, Paragon, will be home to
Australia's largest, most efficient vertical solar panel
system. The 42kW system is installed on the core walls of the tower
and outperforms similar developments in terms of emission
reduction, cost reduction and green energy sustainability (01 April
2021).
More...
Architect and other consultants lose appeal in cladding
fire case
Victoria's highest court has rejected an appeal from
three consultants who were found to be liable for damages to a
Docklands apartment building that caught ablaze in 2014. The
specification, installation and assessment of the cladding material
thus became a crucial issue in the legal proceedings brought on by
the owners against the builder (01 April 2021). More...
New funding to increase Victoria's recycling
capacity and capability
New funding will support Victoria's transition to a
circular economy by partnering with organisations to deliver new
and upgraded recycling (25 March 2021).
More...
Waste in creek at Drouin earns water corp a fine
Victoria EPA has fined Central Gippsland Regional Water
Corporation over a discharge of Class C recycled water to
Shillinglaw Creek, at Drouin (25 March 2021).
More...
63 times the size of Melbourne's CBD: Victoria's
farmland lost to thousands of residential developments
Rural shires report "phenomenal" population
growth as regional and rural land is rezoned residential, and one
expert says it will affect Melbourne's food supply (20 March
2021).
More...
NSW
Draft revised Energy from Waste Policy Statement now
open for public comment
A draft revised Energy from Waste Policy Statement, that
proposes tightened restrictions on air emission limits in line with
recommendations by the NSW Chief Scientist and Engineer, is now on
public exhibition until the end of April (01 April 2021).
More...
Proposed planning changes to deliver billions in
investment
The NSW Government will accelerate the delivery of up to
$4.8 billion annually in economic benefits under a suite of
proposed reforms to planning rules and complying development (01
April 2021).
More...
Feedback sought on proposed changes to development
rules
The NSW Government has released a discussion paper on
proposed amendments to clause 4.6 of the Standard Instrument -
Principal Local Environmental Plan which sets the test for varying
development standards when making a development application (31
March 2021).
More...
Stronger protections for North Coast koalas
Stronger protections are now in place for the North Coast
koala population after the Tweed and Byron comprehensive Koala
Plans of Management became the first to be approved under Koala
SEPP 2021 (31 March 2021).
More...
Leda to pay $170,000 in fines for non-compliance
Leda Manorstead was convicted and fined a total of
$170,000 in the Land and Environment Court for failing to comply
with its development consent for the Cobaki Estate in Tweed (30
March 2021).
More...
Certainty sought for compliance funding
The NSW Government is undertaking a review into council
compliance levies on building works to create a more certain,
consistent and transparent planning system (26 March 2021).
More...
'I could see it coming': Thousands of new homes
halted over flood evacuation fears
NSW Planning Minister Rob Stokes has put a stop to
billions of dollars worth of new residential development earmarked
for Sydney's north-west until he can be satisfied there are
adequate evacuation routes (25 March 2021).
More...
Queensland
Historic Brisbane bayside home back on demolition path
after court ruling
The house at 478 Flinders Parade in Brighton has the
waters of Moreton Bay just metres from its doorstep and was built
pre-1947 (31 March 2021).
More...
Building Queensland to integrate with government
The Queensland Government has announced it is integrating
Building Queensland with the Department of State Development,
Infrastructure, Local Government and Planning. This reform will
mean a change in functional focus to assisting agencies to progress
infrastructure proposals including providing an assurance role for
government (25 March 2021).
More...
New city to be built from scratch north of
Brisbane
Caboolture West in Moreton Bay has been picked as the
pilot site of a planning strategy to ensure infrastructure can keep
pace with population growth and housing demand in south-east
Queensland (25 March 2021).
More...
Land supply and growth challenges in South East
Queensland
ShapingSEQ's 50-year vision will place South East
Queensland as a globally recognised region where people love to
live, learn, work, invest and visit. The region is expected to grow
by 1.5 million people by 2041. ShapingSEQ maps out how the state
will sustainably and responsibly accommodate a growing population
(25 March 2021). More...
The population in this south-east Queensland region is
set to exceed Tasmania
South-east Queensland's population is predicted to
surge by more than 2 million people by 2036 and community groups in
the Moreton Bay region are opposing the proliferation of
developments proposed to cater for the population boom (24 March
2021).
More...
'Missing in action': Student bed sector's
plea for plan after Brisbane boom
After being courted for years, Brisbane's
multibillion-dollar student housing sector has hit out at the
council and governments for failing to work with them amid the
challenges of COVID-19 (24 March 2021).
More...
'Slimline' hotel plans revealed for Roma St
hub
Plans for a 26-storey slimline hotel in the Brisbane CBD
just outside the Roma Street priority development area have been
lodged (23 March 2021).
More...
DES fines Ipswich company after odour complaints
The Department of Environment and Science has fined Wood
Mulching Industries $13,345 for odour issues affecting residents in
Redbank Plains (19 March 2021).
More...
In Practice and Courts
Call for nominations - threatened species, ecological
communities or key threatening processes
Nominations are invited for species, ecological
communities or key threatening processes to be considered for
listing under national environment law during the assessment period
starting 1 October 2021. More...
Announcements, Draft Policies and Plans released 2020
Victoria
Clause 52.30 assessment guideline
The department has prepared a
web based guideline for the Clause 52.30 State Project
provision which provides a framework for preparing and evaluating a
proposed State Project. This guide can be used by proponents and
DELWP assessors to assist with the planning assessment and approval
process (25 March 2021).
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.
Public submissions close on 28 April 2021 (24 March 2021).
More...
EPA: Landfill leachate ponds: Public comment
The Victoria EPA is inviting the community and other
stakeholders to have their say on a plan to construct two new
leachate ponds at Melbourne Regional Landfill .
Submissions will be accepted until 14 April 2021.
EPA has published the company's Works Approval application and
other documents on the Engage Vic website, at
here (23 March 2021).
More...
VCAT Red Dot Decision
Owen v Boroondara CC (Red Dot) [2021] VCAT 175 (5
March 2021).
Application under
section 82 of the
Planning and Environment Act 1987 to review a decision to amend
a permit.
New renting regulations available - news alert
These include Heating – the energy efficiency (2
star) heating rental minimum standard has been extended to Class 2
rental properties (apartments) unless the rental provider can prove
it would be unreasonable in terms of technical, cost or owners
corporation requirements to install an energy efficient heater. The
new regulations will come into operation on 29 March 2021. For the
full list of requirements, you can access the regulations at New regulations
for rental housing - Engage Victoria.
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 visit
here
.
NSW
NSW LEC
01/04/2021
COVID-19 Pandemic Arrangements Policy
22/03/2021
The 2020 Database Metric and Statistics for the Court
Design at the heart of new planning policy
The Explanation of Intended Effect for the Design and
Place State Environmental Planning Policy, proposes to consolidate
and replace existing design-focused policies, including SEPP 65 and
BASIX SEPP to ensure good design outcomes for any new major
development.
The Explanation of Intended Effect for the Design and Place SEPP is
now on public exhibition for six weeks until 28 April 2021. For
more information and to submit feedback, visit the
Design and Place SEPP. More...
Have your say on changes to how building design and
construction is regulated in NSW
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. The Design and
Building Practitioners Regulation commences on this date.
More...
Registrar General: Strata and community title COVID-19
signing options extended
The Government has passed Regulations to extend temporary
arrangements for strata and community schemes which allow
alternative signing options during COVID-19. The changes, which
permit a scheme to execute an instrument through signature rather
than affixing the common seal, have been extended to 13 May 2021.
More...
NSW revenue: Land tax build to rent
The NSW Government is introducing a land tax discount for
new build-to-rent housing projects until 2040 and a new Housing
Diversity SEPP to provide more housing options, greater surety for
renters, boost construction and support jobs during the COVID-19
recovery. Guidelines for the land tax reduction for build-to-rent
properties can be read
here).
More...
NSW revenue: Extension to HomeBuilder grant
On 29 November 2020 the Australian Government Announced an
extension to the HomeBuilder program until 31 March 2021.
More...
Proposed SEPP amendment to allow outdoor dining pilot in
Sydney CBD
City Of Sydney - the department is seeking your feedback
on a proposed amendment to the Codes SEPP which will facilitate a
simplified, streamlined process for small bars and pubs in the City
of Sydney to have outdoor dining. The Outdoor Dining Trial will run
from 30 October 2020 until 31 October 2021. More...
NSW Planning Department: Have your say - draft plans and policies
Changes to biodiversity offsets scheme
From 22 March 2021 to 19 April 2021
Have your say on the proposed changes to how payments to the
Biodiversity Conservation Trust are determined under the
Biodiversity Offsets Scheme.
More...
Draft NSW Clean Air Strategy
The draft NSW Clean Air Strategy presents the whole of NSW
Government approach to improving air quality and minimising adverse
effects on human health.
From: 18 February 2021 To: 23 April 2021.
More...
Planning amendments for agriculture
The department is proposing to simplify the planning
process and approval pathways for those who wish to do small
business activities, such as agritourism, and low-impact
agricultural development on NSW farms. Submissions close on 19
April 2021.
More...
Queensland
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.
Have your say: Gold Coast City plan amendments
The City of Gold Coast has opened consultation for a
fourth round of amendments to the City Plan. Feedback on the
amendments will close on April 8 2021. To provide feedback, please
click
here.
PCA: New Sunshine Coast Planning scheme
The Sunshine Coast Council will begin community
consultation on a new planning scheme later this year. The changes
are expected to align with newer state and local planning policies
including the South-East Queensland Regional Plan which is set to
be renewed next year. The new planning scheme timeline is outlined
here (2021).
More...
Roma Street cross river rail priority development
area
Submissions are now being invited to contribute on the
proposed
Roma Street CRR PDA Development Scheme, Draft Development and
Offset Plan. With a new underground Roma Street Cross River
Rail station being constructed, the PDA will be used to guide a
coordinated development of the surrounding precinct. Submissions
close on 1 April 2021.
Cases
Victoria
Hancock v Nillumbik SC [2021]
VCAT 215
Section 75 of the Victorian Civil and Administrative
Tribunal Act 1998; Application for strike out; undoubtedly
hopeless; bound to fail; utility; factors for exercise of
discretion.
The application to strike out proceeding P1355/2020 is
refused.
Application under section 149B(1)(a) of the Planning and
Environment Act 1987.
Crowther & Sadler Pty Ltd v Baw Baw SC
[2021] VCAT 234
Any changes required under condition 11 and detail of the
dust suppression measures for the site to be nominated on the plan
to the satisfaction of the Responsible Authority.
All recyclable materials shall at all times be stored within the
building on the subject site, with the exception of:
Application under section 80 of the Planning and Environment Act
1987 – to review the conditions contained in the permit.
NSW
Blues Point Hotel Property Pty Ltd v North Sydney
Council [2021] NSWLEC
27
ENVIRONMENT AND PLANNING – existing use rights
– whether existing use of premises as a hotel extends to the
first floor outdoor terrace ENVIRONMENT AND PLANNING –
characterisation of existing use – s 4.65 EP&A Act
– use defined by reference to Liquor Act 1912 – whole
of building used for purposes of a hotel ENVIRONMENT AND PLANNING
– continuation of existing use – construction of s
4.66(2)(b) EP&A Act – extent to which area was actually
physically lawfully used prior to date use prohibited ENVIRONMENT
AND PLANNING – enlargement expansion or intensification or an
existing use – s 4.66(2)(c) – ordinary meaning –
extent of hotel use prior to date use prohibited.
Fitzsimons v The Hills Shire Council
[2021] NSWLEC 1155
DEVELOPMENT APPLICATION – Torrens title subdivision
– battle-axe handle not able to adequately service two
battle-axe lots
Secretary, Department of Planning and Environment v
Leda Manorstead Pty Ltd (No 7) [2021] NSWLEC
26
ENVIRONMENTAL OFFENCES – offender convicted of three
charges of unlawfully carrying out bulk earthworks contrary to the
conditions of a project approval and one charge of commencing works
without a construction certificate – determination and
composition of appropriate sentences – sentencing principles
– extent of environmental harm caused by the commission of
the offences – weight to be applied to partial expert witness
– state of mind of offender at the time of the commission of
the offences – De Simoni principle – objective
seriousness of the commission of the offences low to moderate
– defendant had a prior conviction for an environmental
offence – whether defendant able to express contrition and
remorse in the absence of guilty pleas – specific and general
deterrence warranted – comparable cases – whether the
defendant ought to pay the prosecutor's costs – whether
the Court ought to order that the charges be dismissed –
whether the Court ought to convict the defendant but impose no
penalty – application of the totality principle –
whether the Court ought to make a publication order –
defendant convicted and fined in respect of all four offences
– publication order made.
Barbara St Pty Ltd v Fairfield City
Council [2021] NSWLEC
1145
APPEAL – development application – boarding
house – encroachment on public land – whether active
street frontage required – car parking –contentions
resolved APPEAL – development control order –
unauthorised development – fire safety – order likely
to make residents homeless.
Lilac Pty Ltd v City of Ryde Council
[2021] NSWLEC 1135
DEVELOPMENT APPLICATION – s 4.22 Concept Development
Applications – Stage 1 development application – Sydney
Harbour Catchment Strategic Foreshore Site – height
exceedance – clause 4.6 written request – Sydney
Harbour foreshore walk – cultural heritage significance
– impact on heritage significance of item – adaptive
reuse.
Queensland
Noosa Shire Council v 64 Gateway Drive Pty
Ltd [2021] QPEC 19
PLANNING AND ENVIRONMENT – APPLICATION –
MATERIAL CHANGE OF USE – where the respondent lodged
development application number MCU19/0-081 on 10 July 2019 seeking
development approval for 16 "Ancillary Dwelling Units"
– where development application number MCU19/0-081 was
assessed and refused by Council – where the respondent lodged
an appeal against Council's decision on 9 October 2019 –
where the applicant has sought a declaration that the use the
subject of development application MCU19/0-081 is not for Ancillary
Dwelling Units as that term is defined in the Noosa Plan 2006.
Integrated Planning Act 1997 Qld; Planning Act 2016 Qld; Planning
and Environment Court Act 2016 Qld.
Vanriet Development Pty Ltd v Brisbane City
Council [2021] QPEC
17
PLANNING AND ENVIRONMENT COURT – JURISDICTION
– whether the Planning and Environment Court has the
jurisdiction to hear and determine on the merits an appeal against
an amended infrastructure charge notice issued by the respondent
counsel. Planning Act 2016 Qld s 137, 229 & Schedule 1;
Planning and Environment Court Act 2016 Qld s 6.
Hawke
v Brisbane City Council [2021] QPEC
16
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF
CODE ASSESSABLE DEVELOPMENT APPLICATION – where proposed
development involved demolition of a pre-1947 house – where
central issue was whether the subject house contributed to the
traditional building character of that part of the street within
the Traditional building character overlay. Planning Act 2016 Qld s
45, 60; Planning and Environment Court Act 2016 Qld s
43.
Legislation
?Commonwealth
Industrial Chemicals Environmental Management (Register)
Charge (General) Bill 2020
Assent Act no: 30 Year: 2021 26 March 2021
Part of a package of five bills to establish a national framework
to manage the ongoing use, handling and disposal of industrial
chemicals. The ICEMR Bill would establish a national framework to
drive consistency in the way that risks from the use and disposal
of industrial chemicals are managed to reduce impacts on the
environment and limit people's exposure to harmful substances.
The ICEMR Bill will also strengthen the environmental risk
management responses available to all jurisdictions by enabling
environmental management conditions to be imposed on an industrial
chemical across its lifecycle
Victoria
Acts
Planning and Environment Amendment Act 2021 (Vic)
Act Number: 12/2021 Date of assent: 23 March 2021
NSW
Regulations and other miscellaneous instruments
Protection of the Environment Operations (Clean Air) Amendment
Regulation 2021 (2021-163) — published LW 1 April
2021
Environmental Planning Instruments
Cessnock Local Environmental Plan 2011 (Amendment No 33)
(2021-166) — published LW 1 April 2021
Hawkesbury Local Environmental Plan 2012 (Amendment No 28)
(2021-167) — published LW 1 April 2021
Parramatta Local Environmental Plan 2011 (Amendment No 54)
(2021-168) — published LW 1 April 2021
Penrith Local Environmental Plan 2010 (Amendment No 31)
(2021-153) — published LW 31 March 2021
Richmond Valley Local Environmental Plan 2012 (Amendment No 10)
(2021-169) — published LW 1 April 2021
State Environmental Planning Policy Amendment (Newcastle
Restaurants and Small Bars) 2021 (2021-154) — published
LW 31 March 2021
The Hills Local Environmental Plan 2019 (Amendment No 18)
(2021-155) — published LW 31 March 2021
Albury Local Environmental Plan 2010 (Amendment No 26)
(2021-138) — published LW 26 March 2021
Blue Mountains Local Environmental Plan 2015 (Amendment No 5)
(2021-139) — published LW 26 March 2021
Holroyd Local Environmental Plan 2013 (Amendment No 21)
(2021-140) — published LW 26 March 2021
Liverpool Local Environmental Plan 2008 (Amendment No 82)
(2021-141) — published LW 26 March 2021
Ryde Local Environmental Plan 2014 (Amendment No 27) (2021-142)
— published LW 26 March 2021
Sutherland Shire Local Environmental Plan 2015 (Amendment No
22) (2021-143) — published LW 26 March 2021
Waverley Local Environmental Plan 2012 (Amendment No 21)
(2021-144) — published LW 26 March 2021
Wollondilly Local Environmental Plan 2011 (Amendment No 40)
(2021-145) — published LW 26 March 2021
Woollahra Local Environmental Plan 2014 (Amendment No 20)
(2021-146) — published LW 26 March 2021
Bills introduced Non-Government
Canterbury Park Racecourse (Sale and Redevelopment Moratorium) Bill
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.