In the media
Commonwealth
Federal election shapes up as affordable housing
game-changer
Australia is hurtling towards a housing affordability
catastrophe but the coming federal election and pandemic economic
recovery policy with a strong focus on residential construction
could be a game-changer (29 October 2021).
More...
Property industry to play critical role in the race to
net zero
The PCA has announced the important role the property
industry will play in achieving net zero. Australia's
transition to sustainable housing could both protect the home
building sector, as well as spur growth in delivering more than
half a billion dollars of additional investment in the construction
industry by 2030 (29 October 2021).
More...
Dexus and Fortescue lead ASX with science-based, Scope 3
inclusive, net zero strategies
Corporate leadership on reducing emissions is a growing
trend in Australia, but companies could do better to ensure their
strategies align with global science and international leadership,
according to a new report by ClimateWorks (19 October 2021).
More...
Victoria
Victoria continuing to cut greenhouse gas
emissions
Victoria's emissions are continuing to fall with an
emissions report clearly demonstrating the state's transition
to a net zero emissions economy by 2050 is on track. The Government
has set targets to halve emissions by 2030 as part of its Climate
Change Strategy released in May this year (29 October 2021).
More...
Longer tunnel and a green light for North East
Link
The North East Link project will deliver a longer tunnel
to Watsonia, a new tree-lined boulevard for Greensborough Road and
more than 50 MCGs of new, revived and reconnected parklands, with
the major contract now awarded (28 October2021).
More...
Building new regional homes for those who need it
most
The Andrews Labor Government is getting on with delivering
the state's biggest ever social housing build and calling on
all community housing agencies to put forward proposals for new
social housing in regional Victoria (25 October 2021).
More...
Architect appointed for new GOTAFE Shepparton
centre
A leading Australian architecture firm will design the
Victorian Government's new world-class facility at GOTAFE
Shepparton. The GOTAFE Archer Street campus works were funded as
part of the Building Better TAFEs Fund in the Victorian Budget
2021/22 (22 October 2021).
More...
Council unveils ambitious strategy to cut
emissions
The City of Melbourne is leading the way on tackling
climate change, with an ambitious new plan to cut the
organisation's carbon emissions (21 October 2021).
More...
Queensland
Historic school may be first casualty of Brisbane's
2032 Olympic Games
At the centre of political tensions over Brisbane's
run to the Olympics is the Gabba stadium, and a neighbouring school
that has survived for over a century (30 October 2021).
More...
Thousands of homes to be delivered through Qld's
record investment in social and affordable housing
The Palaszczuk Government releases plans to deliver
more than 7000 new social and affordable homes for Queenslanders
over the next four years, with the announcement of the
government. Interested proponents are invited to register on the
QHIGI portal and download the expression of interest form at
qld.gov.au/HousingInvestment. More...
Thousands of homes to be delivered through Qld's
record investment in social and affordable housing
The Palaszczuk Government is forging ahead with plans to
deliver more than 7000 new social and affordable homes for
Queenslanders over the next four years (26 October 2021). More...
Five renewable announcements in two weeks
It's clear that Queensland is turning its eyes to the
future to be a global leader in renewable energy and manufacturing.
In just the past fortnight, five important announcements were made
in north, central and south east Queensland, aimed at driving our
renewable energy future (20 October 2021).
More...
In Practice and Courts
Commonwealth
EPA monthly social media PIN summary –
October
A summary of Penalty Infringement Notices publicised by
the EPA via social media channels in October 2021 (28 October
2021).
More...
Victoria
SRO: Proposed windfall gains tax
It is proposed that a new windfall gains tax will be
applied to land rezoned by a planning scheme decision made on or
after 1 July 2023 where the decision results in an increase in the
value of the land by $100,000 or more. The effective rate of tax
will be up to 50% of the value uplift. The SRO website will be
updated with further information once the measure becomes law. In
the meantime, see Department of
Treasury and Finance website (2021).
Approvals
VC173 changes the VPP and various planning schemes in
Victoria by updating the land affected by the Melbourne Airport
Environs Overlay in the Brimbank, Hume, Melton, Moreland, Moonee
Valley and Whittlesea municipalities consistent with the Melbourne
Airport Master Plan 2018, which was approved by the Federal
Government in 2019. The amendment includes limited transition
provisions and consequential updates to the VPP and affected
planning schemes.
Queensland
PCA advocacy alert: Olympics legislation
The Government has introduced the
Brisbane Olympic and Paralympic Games Arrangements Bill
2021 into the Queensland State Parliament. This bill will
provide the framework for the establishment of the Brisbane
Organising Committee for the 2032 Olympic and Paralympic
Games. It is anticipated that the composition of the board
will be made up of nominations from across three levels of
government, with directors appointed for an initial four year term
(27 October 2021).
Northshore Hamilton PDA
The Queensland Government is now seeking submissions on
the new draft plan for the
Northshore Hamilton Priority Development Area. This area has
also been earmarked to be the major Athlete's Village for the
2032 Brisbane Olympic and Paralympic Games. These amendments have
been proposed to consider the future needs of the local community.
Consultation will be opened until 3 December and more information
can be found
here (27 October 2021).
Cases
Victoria
Brighton Foreshore Association Inc v Bayside City
Council [2021] VSCA
284
ADMINISTRATIVE LAW – application for leave to appeal the
decision of trial judge with respect to appeal on question of law
– application at first instance for leave to appeal decision
of Victorian Civil and Administrative Tribunal granting planning
permit for use of land as life saving club, multi-purpose function
space, and café – whether powers and restrictions
imposed by An Act to vest land in the Mayor Councillors and
Burgesses of the Borough of Brighton for purposes of Public
Recreation 1877 (Vic) ('Vesting Act') on land owner were
required to be taken into account in Tribunal's review of a
decision under the Planning and Environment Act 1987 about land the
subject of the Vesting Act – whether trial judge erred in
concluding the Tribunal was not required to consider the effect of
the Vesting Act in reaching its decision as to whether a planning
permit should be granted for the proposed uses – whether
mandatory consideration – whether open to Tribunal to
conclude that proposed uses will be ancillary to use of the land as
a place of public resort or recreation – whether trial judge
erred in analysis of application of the Vesting Act to the proposed
uses by presupposing that the respondent Council had the power to
lease part of the subject land; by accepting that the proposed uses
might be permissible as incidental or ancillary uses to the use of
the land subject to the Vesting Act as a 'place of public
resort or recreation'; in failing to have proper regard to
whether any monetary profits to arise from the proposed uses would
be devoted to the public purpose contemplated by the Vesting Act
– leave to appeal refused – City of Dandenong
v Woolley (1983) 57 LGRA 315, Randwick
Corporation v Rutledge [1959] HCA 63; (1959) 102 CLR
54, Municipal Council of Mosman v Spain [1929]
NSWStRp 45; (1929) 29 SR (NSW) 492, Trustees of Royal
Botanic Gardens and Government Domain v Sydney City
Council (1965) 11 LGRA 407, Ryde Municipal
Council v Macquarie University [1978] HCA 58; (1978) 139
CLR 633 considered; Walker v Shire of
Flinders [1984] VicRp 33; [1984] VR 409, Storey
v North Sydney Municipal Council [1970] HCA 44; (1970)
123 CLR 574, Waverley Municipal Council v
Attorney-General (1979) 40 LGRA 419 distinguished –
an Act to vest land in the Mayor Councillors and Burgesses of the
Borough of Brighton for purposes of Public Recreation 1877, Local
Government Act 1874 s 483, Planning and Environment Act 1987 ss
60(1), 60(1A), 84B(1), 84B(2), Victorian Civil and Administrative
Tribunal Act 1998 s 148.
Queensland
Infinite
Aged Care (Cornubia) Pty Ltd v Logan City
Council [2021] QPEC
58
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL –
CONSENTS, APPROVALS, PERMITS AND AGREEMENTS – REFUSAL AND
REASONS FOR REFUSAL – where the appellant appeals against the
refusal of an application for land reconfiguration – where
the proposed reconfiguration is to split one lot into eight lots
– where the development is for a residential care facility
– where the local city council refused the application
– where there is non-compliance with the existing planning
scheme – whether there are adverse consequences due to
non-compliance – where respondent submits that the proposed
reconfiguration would result in overdevelopment
Planning Act 2016 Qld s 45; Planning and Environment Court Act 2016
Qld s 43.
Riverside
Development Pty Ltd v Brisbane City Council &
Ors [2021] QPEC 56
PROCEDURE – DISCOVERY AND INTERROGATORIES – DISCOVERY
AND INSPECTION OF DOCUMENTS – where applicant seeks orders
for further disclosure – whether documents sought are
directly relevant to an issue in dispute – whether order for
further disclosure should be made
Planning & Environment Court Rules 2018 QLD r 4; Uniform Civil
Procedure Rules 1999 QLD rr 209, 211 and 223.
Sunshine
Coast Regional Council v Dwyer [2021]
QPEC 53
COURTS AND JUDGES – CONTEMPT – PARTICULAR CONTEMPTS
– DISOBEDIENCE OF ORDERS OF COURT – where an
enforcement order was made in the Planning and Environment Court
– where the order required the removal or demolition of
rooftop structures – where the order required the rooftop to
be restored to an earlier condition – whether and to what
extent the respondent has not complied with the enforcement order
– whether the respondent had a lawful excuse – whether
the respondent is in contempt of the enforcement order
PLANNING AND ENVIRONMENT – PROCEDURE – ORDERS –
VARYING AND STAYING – EXTENSION OF TIME TO COMPLY –
where an enforcement order was made in the Planning and Environment
Court – where there has not been compliance with the whole of
the order – where there is a pending development application
for the approval of some of the structures the subject of the
enforcement order – whether the order should be varied to
defer or delay its effect.
Legislation
Victoria
Acts
Act Number: 41/2021 Date of commencement: 19 October
2021
Building Amendment (Registration and Other Matters) Act 2021
(Vic)Sections 1 and 2, 3 to 46, 49A to 54 of this Act came in
by forced commencement on 19 October 2021 s. 2(1)
Assented
Building Amendment (Registration and Other Matters) Act 2021
(Vic)
Act Number: 40/2021 Date of assent: 19 October 2021
Suburban Rail Loop Act 2021 (Vic)
Act Number: 43/2021 Date of assent: 19 October 2021
Great Ocean Road and Environs Protection Amendment Act 2021
(Vic)
Act Number: 42/2021 Date of assent: 19 October 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.