In the media
Commonwealth
Walker Corp goes green with new loans on flagship
towers
Property developer Lang Walker has struck an agreement
with leading banks to create green loans for its flagship assets
(08 September 2021). More...
$7 million for recycling in regional and remote
Australia
The Morrison Government has announced $7 million for
recycling in regional and remote Australia as it continues to
create jobs and help our environment by turbocharging
Australia's waste and recycling industry (14 September 2021).
More...
Race to save frogs, quokkas, parrots and koalas from
extinction helped by new threat database
It's hoped a comprehensive database of threats to
endangered species that are on the National Threatened Species List
under the Environment Protection Biodiversity Conservation Act, can
help halt Australia's terrible record of extinctions (10
September 2021). More...
Reimagining the Australian city
A panel of urban planning experts will explore how
COVID-19 is shifting the parameters on how Australia's future
cities should look and examine whether it's time to revisit
some ideas from the past (09 September 2021). More...
New energy efficiency standards for Australian
homes
The ABCB released draft National Construction Code
provisions on energy efficient residential buildings for public
consultation until 17 October, 2021. The Australian Sustainable
Built Environment Council welcomed the release of the public
consultation draft as an important step change towards more healthy
and comfortable homes for Australian families (07 September 2021).
More...
Victoria
Bendigo gets $47m social housing boost
Bendigo is in line for a housing boost with 120 new social
and affordable dwellings slated for the regional city. Minister for
Housing Richard Wynne said the new homes would replace 64 existing
homes, and would provide a modern transformation of the area, as
well as affordable housing for key workers (17 September 2021).
More...
Have your say on the future of Victoria's
parks
The Victorian Government has launched a new Parks Victoria
Land Management Strategy (LMS) and is inviting
Victorians to give feedback on how our parks will be managed into
the future (16 September 2021). More...
Court orders D & R Henderson to fund $80,000 enviro
project
A conservation project at Winton Wetlands will receive
$80,000 after the Benalla Magistrate's Court ordered a particle
board manufacturer to pay for the project instead of paying a fine
(16 September 2021). More...
Bid to boost Ballarat's brand as university town
with $6m masterplan
Federation University says it wants to transform Ballarat
into a university town with an upgrade of its CBD campus while also
committing to a net-zero-emissions target (16 September 2021).
More...
EPA fines shire over old Monkey Gully landfill
EPA has fined Mansfield Shire Council more than $8,000 for
environmental breaches at the closed landfill on Monkey Gully Rd,
Mansfield. The fine for Mansfield Shire Council is for a breach of
the PCPAN, which includes requirements covering landfill gas,
leachate (liquid) and monitoring/reporting (16 September 2021).
More...
Local councils in Victoria investigate mandatory net
zero carbon buildings, but that's not all
If you want to build a house or building in certain
Victorian locations, you may soon be obliged to meet mandatory net
zero targets, thanks to the dedicated work of an alliance of
councils in the state (15 September 2021). More...
EPA suspends Barro licence for Kealba
Environment Protection Authority Victoria
(EPA) has suspended the Barro Group's licence
to operate the Sunshine landfill in Kealba. The suspension relates
to breaches caused by ongoing hotspots and odour impacting nearby
residents (13 September 2021). More...
Corkman Pub demolition developers lose appeal against
jail sentence, $400k fine
Two cowboy developers who demolished the historic Corkman
Pub are closer to spending their first night in prison after an
appeal is denied by Victoria's highest court (09 September
2021). More...
Vision for new suburban rail loop station revealed
Renders of the new Monash underground station have been
released as part of the Victorian government's proposed
$50-billion suburban rail loop (08 September 2021). More...
NSW
Waste and recycling operations can reopen to the public
with COVID safety measures in place
Waste and recycling operations in NSW, including
landfills, Community Recycling Centres, and charitable recyclers,
can now recommence operations and reopen to the public in a safe
and staged way (18 September 2021). More...
EPA's waste watching falls into place
The NSW Environment Protection Authority
(EPA) has launched a plan to support innovative
ways of managing waste, drive investment into the bush and provide
certainty for communities (14 September 2021). More...
Kiersten Fishburn appointed DPIE Secretary
Premier Gladys Berejiklian and Minister for Planning and
Public Spaces Rob Stokes have announced the appointment of Kiersten
Fishburn as the new Secretary of the NSW Department of Planning,
Industry and Environment (07 September 2021). More...
Queensland
Developer files 28-storey Chevron Island tower
plan
A private developer has lodged plans for a residential
tower on Chevron Island, a suburb currently awash with high-rise
development as the booming local property market continues to
gather pace (17 September 2021). More...
Local developer files plans On Brisbane's James
Street
Local developer Forme has lodged plans for a mixed-use
precinct in Fortitude Valley's up-market James Street precinct,
a few kilometres from Brisbane's CBD (17 September 2021).
More...
The Spit's last beachfront development site hits the
market
A golden opportunity to develop the last beachfront site
on The Spit is expected to draw international interest from
development companies, and form part of Queensland's economic
recovery (16 September 2021). More...
Developer lodges plans in 'undervalued' Mermaid
Beach
Melbourne developer Hirsch and Faigen is moving ahead with
plans for its third development on the Gold Coast as they look to
take advantage of rising demand for new apartments and a looming
under-supply of stock (15 September 2021). More...
20-year Infrastructure plan to make inroads
The Department of State Development, Infrastructure, Local
Government and Planning has released a detailed four-year program
and a draft vision for the State's infrastructure needs over
the next two decades (14 September 2021). More...
Project grants to beat hearts of communities
The DSDILGP has allocated funds to 12 not-for-profit
groups to upgrade their community and job-readiness services.
Projects include building new emergency refuge accommodation,
upgrading community halls and creating new community hubs to
support people with a disability or struggling with mental health.
The full list of CIIP funding recipients can be accessed at
this PS News link (14 September 2021).
More...
Olympic Stadium prompts 181-apartment tower plan
Developers are eyeing the $1-billion Olympic Stadium
redevelopment, lodging an application for 181 apartments at a
corner block near Brisbane's Gabba. The latest application
identified The Gabba at the "jewel of the Games" and
it's substantial refurbishments as the main driver for the
development (13 September 2021). More...
It's the cheapest land in south-east Queensland but
you can't buy it and the owners don't want to sell
The crush of development is being felt by long-term
residents of Chambers Flat, south-east of Brisbane, who are being
compensated just $20,000 by Logan City Council for
1,000-square-metre parcels of land (12 September 2021). More...
On your marks: The $50b infrastructure blueprint that
will carry us to the Olympics
The Palaszczuk Government's will unveil a $52 billion
blueprint for providing the transport, energy and other
infrastructure to help set south-east Queensland on the road to the
2032 Olympics (09 September 2021). More...
Queensland water utility wins appeal against 2011 flood
damages ruling
In 2019, the Supreme Court in NSW found the Queensland
government, Sunwater and Seqwater, had acted negligently and had
contributed to the disaster, ordering more than 6,500 victims whose
homes or businesses were damaged were entitled to almost $900
million in compensation (06 September 2021). More...
Problems loom while south-east Queensland's
population booms
The population of Ripley Valley near Ipswich will double
to 160,000 and Ipswich will double to 500,000 by 2040, yet there is
no new rail line. Population growth is outstripping promises, the
region's politicians say (04 September 2021). More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2021
Victoria
Government land standing advisory committee tranche 30 -
Grenville Street Daylesford
Hepburn Shire Planning Scheme Amendment
C78hepb proposes to rezone part of a former rail reserve
from Public Park and Recreation Zone to General Residential Zone -
Schedule 1. The request also includes a small portion of the
neighbouring residential property, 74 Grenville Street Daylesford,
which is currently erroneously zoned Public Park and Recreation
Zone (16 September 2021)
Victoria naming rules review
Geographic Names Victoria has completed the first
consultation phase of the 2020-21 naming rules review. The
consultation and engagement process, has received more than 450
contributions, including over 400 from members of the
public. In July 2021 with an anticipated release of the
finalised document in December 2021. You can continue to track the
progress of the review on Engage Victoria.
Exhibitions
Colac Otway
C116cola proposes Implements the findings of the
Birregurra Flood and Drainage Strategy 2021.
Moira C93moir proposes to implement
the findings of the Major Town's Review (2018); implement the
findings of the Yarrawonga Framework Plan (2020) and Yarrawonga
Stormwater Drainage Strategy (2019); update the Planning
Scheme by including new background documents which inform the
planning scheme and future decision makers;
and; rezone land in Numurkah to a zone which more
accurately reflects the current use of the land and provides for
short term industrial development.
Yarra C286yara proposes to increase
the public open space contribution rate in the schedule to clause
53.01 from 4.5 per cent to 10.1 per cent to collect funds to
support the implementation of the Yarra Open Space Strategy
2020.
NSW
PCA: Draft Recovery Plan for the
Koala released for public consultation
The Federal Government has released the draft National
Recovery Plan for the EPBC Act-listed Koala, identifying strategic
actions to support recovery of the nationally threatened species.
The public consultation period is open until 24 September
2021.
For more information on the draft national recovery plan, please
click here.
For more information on the draft conservation advice and listing
assessment for the koala, please click here.
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...
Proposed Environmental Planning and Assessment
Regulation 2021
Notification start-end date 05/08/2021 - 22/09/2021
We are seeking feedback on proposed changes to the Environmental
Planning and Assessment Regulation 2000. These changes are detailed
in the exhibition draft of the proposed Environmental Planning and
Assessment Regulation 2021 and supporting materials at the attached
link. More...
Draft noise guide for local government
Public consultation closes on 27 September 2021. The draft
Guide makes it easier to find information on the legislative
framework to manage noise, who is responsible for managing noise,
and the options for management. The draft Guide also reflects
changes introduced by the Protection of the Environment (Noise
Control) Regulation 2017 and other legislative changes since
2013. View the Draft Noise Guide for Local Government and
frequently asked questions and have your say on the
proposed changes.
Queensland
Koala habitat mapping update
The Queensland Government has released its annual update
of the State's Koala Habitat and Regulated Vegetation
mapping. Koala Habitat now spans 714,040 hectares of land
across South-East Queensland, which includes 332,278 hectares of
Koala Priority Area- heavily protected under the planning
framework.
To access the updated Koala Habitat maps and the updated Regulated
Vegetation Management maps, click here. More...
Landowners
Landowners seeking to make, amend or revoke a Koala
Habitat area determination can apply to do so here.
Draft 20-year State Infrastructure
Strategy (SIS)
The draft SIS sets out our approach to connecting our
regions and creating liveable communities with essential services
and infrastructure across Queensland like the schools, hospitals
and roads that our growing State will need into the future. Comment
on the SIS can be provided online until 7 October at this PS News link.
Draft State Infrastructure Strategy
The Queensland Government has released the Draft State Infrastructure Strategy
(SIS) 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.
Feedback on this draft SIS is now open until Thursday 7
October 2021.
PCA: Extension to approved
development timeframes effective 30 September
A six-month extension to timeframes for undertaking
approved development under the Planning Act 2016 and the Economic
Development Act 2012 has been put in place to enable
development approvals that are in effect at the time the
extension notice is given, or which come into effect between now
and 30 September 2021. For further information, read: Approval under the Planning
Act and Approvals under the Economic Development
Act.
This extension does not apply to building development approvals for
building works pursuant to s71 of the Building Act 1975.
Public consultation: Queensland's renewable energy
zones (QREZs)
Public consultation would be followed by a technical paper
later in the year, for feedback from industry and other energy
stakeholders on the framework for QREZ design and access. The
online survey is open until 30 September 2021. More...
Land restoration fund: Round 2
Applications are open for the Land Restoration Fund Investment Round 2. For
more information about details required under Stage 1 and 2 read
the LRF Investment Application Guidelines.
Submissions are now being accepted. Submissions close on 8 October
2021
Cases
NSW
Raland Constructions Pty Ltd v Hunters
Hill Council [2021] NSWLEC
1535
DEVELOPMENT APPLICATION - centre based child care - heritage
conservation area - item of local heritage significance - acoustic
amenity of neighbouring properties - the suitability of the site
for the development.
Drake v Randwick City
Council [2021] NSWLEC
97
COSTS - Class 1 strata subdivision appeal - strata subdivision
appeal contingent on successful outcome in Class 1 dual occupancy
(attached) development appeal - development appeal unsuccessful -
strata subdivision appeal necessarily dismissed as a consequence -
Respondent applies for costs of day of strata subdivision appeal
addressing jurisdictional issues - no determination of
jurisdictional issues - inappropriate to conduct hypothetical
determination of jurisdictional issues in strata subdivision appeal
- no basis to award Respondent costs for jurisdictional hearing
day. COSTS - costs of costs applications in Class 1 ordinarily
follow the event - no basis to depart from that principle -
Respondent pay Applicant's costs of Class 1 costs
application.
Sandy Outlook Pty Ltd as the trustee
for Sandy Outlook Trust v Ku-ring-gai Council
[2021] NSWLEC 1519
DEVELOPMENT APPLICATION - subdivision of land - community title -
bushfire prone land - terrestrial biodiversity mapped - proposed
removal of trees - proposed impact on critically endangered
ecological community (CEEC) - whether Applicant
has given consideration to avoidance of impacts on CEEC - whether
Applicant's biodiversity assessment report (BDAR) is acceptable
- whether development complies with requirements of bushfire safety
authority (BSA) - whether proposed biodiversity offsets are
adequate to offset loss of biodiversity - whether proposed removal
of 82 trees is acceptable.
KEPCO Bylong Australia Pty Ltd v
Bylong Valley Protection Alliance Inc
[2021] NSWCA 216
ADMINISTRATIVE LAW - judicial review - error of law - review of
decision of consent authority - construction of State Environmental
Planning Policy - whether decision-maker considered conditions
aimed at ensuring that greenhouse gas emissions are minimised to
the greatest extent practicable ADMINISTRATIVE LAW - judicial
review - error of law - obligation to consider case presented by
applicant - minimising scope 3 greenhouse gas emissions of thermal
coal - whether refusal of proposal could lead to use of inferior
resource with higher emissions ADMINISTRATIVE LAW - judicial review
- error of law - reference in reasons to "no evidence" -
where information before decision-maker - whether reasons indicated
decision-maker not satisfied that information provided rational
basis for finding sought ENVIRONMENT AND PLANNING - development
application - refusal of consent - judicial review - State
significant development - coal mine proposal - consent required
from Independent Planning Commission - construction of Mining SEPP,
cl 14 - conditions of development STATUTORY INTERPRETATION -
"applicable . policies . concerning greenhouse gas
emissions" - State Environmental Planning Policy (Mining,
Petroleum Production and Extractive Industries) 2007 (NSW), cl
14(2).
Woodbine Park Nominees Pty Limited v
Wingecarribee Shire Council [2021]
NSWLEC 1530
MODIFICATION APPLICATION - bulk water extraction and storage -
removal of trial period condition - contentions resolved - consent
orders.
Pinchgut Pty Ltd v Central Coast
Council [2021] NSWLEC
1527
DEVELOPMENT APPLICATION - boarding house development - existing
vacant land - low density residential environment - variation
sought to standard which limits boarding houses in low density
residential land to 12 rooms - determining objectives of the
standard - is compliance with the standard unreasonable or
unnecessary - sufficiency of environmental planning grounds -
interaction between proposed development and existing easements and
rights of way - appeal dismissed.
Probert v Christie
[2021] NSWLEC 1529
TREES (DISPUTES BETWEEN NEIGHBOURS) - does covenant over height of
trees apply - were the trees planted - do the trees form a hedge -
are views severely obstructed - balancing of interests.
Queensland
Karam Boutique Residential 8 Pty Ltd v
Redland City Council [2021] QPEC
47
PLANNING AND ENVIRONMENT - ORIGINATING APPLICATION - where
originating application sought development permit concerning
building work for demolition of detached house and shed - where
development permit granted by respondent - where demolition works
not substantially commenced within approved period - where Stop
Order issued against demolition permit for non-compliance - where
applicant seeks orders that non-compliance be excused - that
development permit be treated to expire at the end of a further
start period - that commencement of demolition prior to further
start period be treated as lawful - where non-compliance
excused
DEVELOPMENT PERMIT - DEMOLITION - NON-COMPLIANCE - whether Stop
Order caused non-compliance with substantial start provision -
precluded exercise of rights under subject demolition approval -
whether prejudicial to applicant if non-compliance not excused -
where temporary local planning instrument in place - whether
subject house in state of extreme disrepair
PUBLIC INTEREST - whether public interest in protection of land and
subject house on heritage grounds militates against excusal of
non-compliance - whether public interest in individual with benefit
of development approval having opportunity to fully exercise rights
afforded by such development approval
Acts Interpretation Act 1954 Qld s 49A; Building Act 1975 Qld s 71;
Planning Act 2016 Qld ss 3, 4, 5
Planning and Environment Court Act 2016 Qld s 37; Queensland
Heritage Act 1992 Qld ss 35, 154.
Serratore & Ors v Noosa Shire
Council (No.2) [2021] QPEC
46
PLANNING AND ENVIRONMENT - APPEAL - COSTS - where each appellant
given an enforcement notice under s 168 of the Planning Act 2016 in
relation to vegetation clearing - appeal against decision to give
the enforcement notices - where appeal allowed and enforcement
notices set aside - where declarations and consequential orders
made - whether Council's case against the second, fifth, sixth
and seventh appellants was without reasonable prospects of success,
or alternatively, frivolous or vexatious - whether Council failed
to properly discharge its responsibilities in the proceeding
Planning Act 2016 Qld s 168; Planning and Environment Court Act
2016 Qld ss 59, 60 and 61.
Legislation
Victoria
Bills
Great Ocean Road and Environs Protection Amendment
Bill 2021
Amends the functions and powers of the Great Ocean Road Coast and
Parks Authority, provides for the transfer of land management
responsibility to the Authority, and establishes a dedicated trust
account.
Date of second reading speech: 8 September 2021.
Suburban Rail Loop Bill 2021
Establishes the Suburban Rail Loop Authority to plan and deliver
the Suburban Rail Loop and confers a range of powers on the
Authority. Division 7 - Special land acquisition and development
powers - Part 7 - Amendment of Planning and Environment Act
1987
Date of second reading speech: 8 September 2021.
NSW
Proclamations commencing Acts
Bushfires Legislation Amendment Act 2020 No 37 (2021-523) - published LW 10 September 2021
Environmental Planning Instruments
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment (No 2) 2021 (2021-544) - published LW 17 September 2021
State Environmental Planning Policy (Vegetation in Non-Rural Areas) Further Amendment 2021 (2021-545) - published LW 17 September 2021 (2021-535) - published LW 10 September 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.