In the media
Commonwealth
City Deals: nine reasons this imported model of urban
development demands due diligence
The new assistant minister for cities and digital
transformation, Angus Taylor, has spoken of his enthusiasm for a
"new vehicle" for creating partnerships between all three
levels of government to drive the sustainable growth of our cities.
This "tried and tested" vehicle is based on the UK
government's City Deals model (02 April 2016).
More...
More...
Shift to zero-carbon power must start by 2018 to avoid
extra warming: study
The world must begin the shift to zero-carbon sources of
electricity as soon as 2018 to avoid adding new fossil-fuel power
plants that will lock in dangerous climate change, according to a
team of Oxford University researchers (31 March 2016).
More...
Renewables Investment Surges in Developing Nations
Investment in renewables in the developing world was up
19% in 2015; ahead of developed nations (down 8%) states a report
from the UN Environment Programme (UNEP) (29 March 2016).
More...
AER appeals against electricity and gas price
decisions
The Australian Energy Regulator (AER) has applied to the
Federal Court for a judicial review of the Australian Competition
Tribunal decisions to set aside the NSW and ACT electricity and gas
distribution network revenue determinations (24 March 2016).
More...
Lendlease sets new benchmark for liveable cities
Lendlease's Barangaroo South has been awarded a 6
Star Green Star - Communities rating (23 March 2016).
More...
ARENA welcomes new commitment to renewable
innovation
The Australian Government this week announced its
intention to retain ARENA, expand its renewables mandate to include
energy efficiency and low emissions technology, and make changes to
its funding as well as the types of projects in which the agency
will invest (24 March 2016).
More...
Government taking strong new approach to clean and
renewable energy innovation in Australia
The Australian Government is establishing a $1 billion
Clean Energy Innovation Fund to support emerging technologies make
the leap from demonstration to commercial deployment (23 March
2016).
More...
Clean Energy Innovation Fund
The Australian Government is establishing a $1 billion
Clean Energy Innovation Fund to support emerging technologies make
the leap from demonstration to commercial deployment. This will
drive innovation and create the jobs of the future (23 March
2016).
More...
Victoria
Those closest to sky rail may not be biggest
losers
Home owners tempted to take advantage of the state
government's voluntary acquisition scheme for those
affected by the proposed sky rail in Melbourne's south-east may
be priced out of their suburb because of already discounted
property values (03 April 2016).
More...
Port of Hastings Ready for More Jobs and Growth
The Andrews Labor Government has reaffirmed its support
for the continued operation of the Port of Hastings as a bulk port
supporting Victoria's growth and jobs. Infrastructure Victoria
will provide the Government with advice regarding the preferred
location for Victoria's second container port. The advice will
assess both Bay West and Hastings (01 April 2016).
More...
Victoria Trials Australia's First Home Energy Rating
Tool
The Andrews Labor Government has finished a trial of
Australia's first home energy efficiency rating tool, which has
been specifically designed to help Victorians save on their power
bills (02 March 2016).
More...
Murray Basin Rail Project Ramps Up
The MBRP will upgrade and standardise the entire Murray
Basin freight network, and better connect primary producers to the
State's major ports in Portland, Geelong and Melbourne (30
March 2016).
More...
Planning for Melbourne's Rapid Population
Growth
The Andrews Labor Government is planning for
Melbourne's rapid population growth, as the latest ABS figures
again show Melbourne is the nation's fastest growing capital
city. Planning work targeting smart growth is underway around the
CBD, urban infill sites and out on the fringe (30 March
2016).
More...
Bringing New Voices to Mining and Resources In
Victoria
A reformed Earth Resources Ministerial Advisory Council
will provide strategic advice on the sustainable development of
Victoria's mining and resources industry and now will include
representatives from the community, unions and environmental groups
as well as industry (30 March 2016).
More...
New Victorian Bill Strengthens Aboriginal Control over
Heritage
Traditional owners will have greater oversight powers and
a stronger role in managing and protecting Victoria's
Aboriginal cultural heritage under new laws that have passed the
Victorian Parliament (22 March 2016).
More...
New South Wales
Planning compliance team checking sites across NSW
The Department of Planning and Environment today released
the latest Compliance Report showing site inspections have doubled
from the same time last year (01 March 2016). More...
EPA fines Somersby waste processing company $30,000 for
water pollution
The NSW Environment Protection Authority (EPA) has issued
two penalty notices and fined waste processing company Biocoal
Group Pty Ltd a total of $30,000 for failing to comply conditions
of its Environment Protection Licence and causing water pollution
at its facility in Somersby (01 April 2016). More...
EPA fines AGL Macquarie $15,000 for fly ash spill
AGL Macquarie Pty Ltd (AGL Macquarie), which operates the
Bayswater Power Station near Muswellbrook, has been fined $15,000
by the NSW Environment Protection Authority (EPA) (31 March
2016). More...
Minister applauds Origin Energy's use of Moree Solar
Farm energy
Minister for Industry, Resources and Energy, Anthony
Roberts, has welcomed an announcement by Origin Energy that it will
buy all the power produced from the Moree Solar Farm, with a 15
year Power Purchase Agreement (PPA) (31 March 2016).
More...
Department recommends Barangaroo proposals to the
independent PAC for approval
The Department of Planning and Environment has
recommended changes to the proposals to modify the Barangaroo
Concept Plan and build the Crown Hotel. The changes address issues
raised in submissions and the independent Barangaroo Design
Advisory Panel's reports (29 March 2016). More...
Growing trend for councils to sell planning decisions
through Value Capture
The Urban Taskforce is concerned about a growing trend
across Sydney councils to adopt policies that change planning rules
as a mechanism for raising funds for infrastructure (29 March
2016).
More...
EPA fines Hanson Construction $15,000
for non-compliance at Sancrox quarry
The NSW Environment Protection Authority (EPA) has issued
a penalty notice of $15,000 to Hanson Construction Materials Pty
Ltd for breaching the conditions of its Environment Protection
Licence (EPL) at its Sancrox quarry (24 March 2016). More...
WestConnex New M5 submissions made
publicly available
The Department of Planning and Environment today
published all public submissions and the Response to Submissions
received during public consultation for the WestConnex New M5
application (21 March 2016). More...
NSW reduces littering
Littering is reducing while recycling and renewable
energy is increasing in NSW, according to the 2015 NSW State of the
Environment report (21 March 2016). More...
EPA fines High Quality Sands Pty Limited $15,000
The NSW Environment Protection Authority (EPA) has issued
a $15,000 penalty notice to High Quality Sands Pty Limited for
extracting sand from the Bellinger River without t holding an
environment protection licence (21 March 2016).
More...
Queensland
Queensland tackles Turnbull over dumping of renewable
energy grants
The Queensland Labor government says it plans to tackle
the Turnbull Coalition government over plans to remove grant
funding for large scale renewable energy investments, saying it
threatens to hold back the nascent large scale solar sector in the
state (31 March 2016).
More...
EDO: In Court: Economist for Acland coal mine admits
inflated job figures
In the Qld Land Court today an expert witness for the New
Acland Coal mine Stage 3 expansion, an open cut mine which will
ruin prime agricultural land as well as risk precious groundwater
and community health, has admitted that job figures for the project
are far lower than initially forecast, (01 April 2016).
More...
How can a city keep its character if its landmark views
aren't protected?
Landmarks identify and define cities. Town-planning
instruments usually protect these landmarks from development that
does not respect the setting. But inappropriate development is
placing one of Brisbane's most important landmarks in danger
(29 March 2016).
More...
Giant step forward for new biofuels industry in
Queensland
A $16 million advanced biofuels pilot plant will be built
at Southern Oil Refining's Yarwun plant at Gladstone, a
'giant' step towards securing a large-scale biofuels
industry in Queensland (29 March 2016).
More...
Crackdown on illegal transport of waste
Since the launch of a Palaszczuk Government crackdown
eight months ago, there have been more than 100 investigations into
alleged unlicensed waste industry operations (23 March 2016).
More...
Government partners with industry to investigate next
generation infrastructure funding models
The Property Council of Australia has welcomed the
Queensland Government's commitment to partner with the Property
Council and the Council of Mayors (SEQ) to fund a groundbreaking
study into next generation models of infrastructure funding (22
March 2016).
More...
In Practice and Courts
Commonwealth
AER submissions: draft Framework and Approach papers for
TransGrid, ElectraNet and Murraylink
The Framework and approach (F&A) is the first step in
a process to determine efficient prices for electricity services.
AER is commencing the F&A process for TransGrid, ElectraNet and
Murraylink by releasing draft F&A papers for each of the
businesses. Submissions close on 28 April 2016 (30 March
2016).
More...
Department of the Environment: Natural Resource
Management Regions 2016
The 2016 NRM regions are now available for download (31
March 2016).
More...
Draft ERF method: Community Buildings
Draft Emissions Reduction Fund methods on Community
Buildings released for public consultation. Consultation period
closes 5 April 2016.
More...
Public consultation: Draft EPBC Act referral guidelines
for the vulnerable Murray Cod
The Department is seeking public comment on the Draft
EPBC Act referral guidelines for the vulnerable Murray cod
(Maccullochella peelii). Comment period closes on 6 May 2016 (10
March 2016).
More...
AER: draft Sustainable Payment Plans Framework for
public consultation
On 11 March 2016 the AER published its draft Sustainable
Payment Plans Framework (Framework) for public consultation. The
release of the draft Framework follows several months of informal
consultation with energy retailers, financial counsellors, consumer
groups and other stakeholders. Submissions on the draft Framework
close on 13 April 2016.
More...
CER: Date set for the third Emissions Reduction Fund
auction
The Clean Energy Regulator will hold the
third Emissions Reduction Fund auction for carbon abatement
contracts on 27 and 28 April 2016.
Auction guidelines detailing the process are now
available.
More...
Announcements, Draft Policies and Plans released 2016
Victoria
VIC: Changes to VCAT application forms
VCAT is releasing updated planning and environment application
forms on 4 April 2016. Permit applicants applying for review will
no longer have to provide a list of people who lodged objections -
they just have to advise VCAT whether notice was given under
section 52 of the Planning and Environment Act 1987.
More...
VIC: Planning Scheme amendments online is about to
change
Planning Scheme Amendments Online will be phased out over
the coming months; a modern replacement to the service is now
available on Planning Schemes Online.
VIC: Macedon Ranges Protection Advisory Committee Issues
Paper
The Committee has released an Issues
Paper for comment. Submissions on the Issues Paper close on 15
April 2016.
VIC: Investing in Innovative Waste to Energy Recovery
Systems: application grants available
The funding aims to help overcome barriers to uptake of
these technologies by supporting pilot projects that demonstrate
the viability of organics recovery and processing, and which can
easily be replicated. Applications closed 21 March 2016. More...
VIC: Draft Decision on Melbourne Water's 2016 Price
Submission: consultation
Written submissions are due by 26 April 2016. The final
decision will be released in June 2016. More...
New South Wales
NSW: SEPA Round 4: food and organics
waste collection systems grants now open
Round 4 of the Local Government Organics Collection
Systems grants are now open for councils to apply for funding to
reduce and recycle food waste in NSW. More information about
Waste Less, Recycle More and how to apply for Local
Government Organics Collections Systems grants is available.
More...
NSW: submissions on revised guidelines for Community
Consultative Committees
The community now has more time to provide feedback on
proposed changes to Community Consultative Committee Guidelines,
with the exhibition period for submissions on the draft guidelines
until 18 April (31 March 2016). More...
More...
NSW consultation: digital ad signs on the Pacific
Highway at Pymble
A proposal to replace two advertising signs on the
Pacific Highway at Pymble with digital advertising signs is on
exhibition for community feedback (29 March 2016). More...
NSW consultation: proposed changes to
planning controls for outdoor shooting ranges
Proposed improvements to planning controls for existing
NSW outdoor shooting ranges will be on exhibition from today for
further community feedback (21 March 2016). More...
Queensland
QLD: Regional projects in spotlight at 2016 Major
Projects Series
The department's regional offices are hosting a
series of Regional Major Projects Forums throughout 2016 that focus
on important issues and challenges in specific regions. These
events involve a number of our economic development partners and
attract up to 250 delegates to each forum. The full
2016 event schedule Regional Major Projects Forums is now
available, so join us and be sure to put these dates in your
business diary.
QLD: Building our Regions - Round 1 and 2
highlights
The state government is bringing forward the release of $70
million under the
Building our Regions program for critical infrastructure
projects to stimulate economic growth in regional Queensland.
Applications for Round 2 of the program will now open on Monday
4 April 2016. Local councils are encouraged to start thinking about
eligible projects (April 2016).
QLD: Updated public ruling released by Office of State
Revenue
On 29 March 2016, the Commissioner of State Revenue
issued public ruling DA505.2.2—Dutiable value of
transfers of land to local governments. This ruling has been
amended to include an example at paragraph 11 and to ensure
that references to the Commissioner are gender neutral. No
substantive changes were made to the ruling (31 March 2016).
More...
Queensland Parliamentary Committee: Planning Bills and
Public Inquiry
The committee is required to consider all of the Planning
Bills and reopened committee's inquiries into the private
members' Bills and report to Parliament by 21 March 2016.
More...
Cases
Victoria
Coventry Pub Co Pty Ltd v Port Phillip
CC [2016] VCAT 497
Port Phillip Planning Scheme; Application pursuant to
Section 79 of the Planning & Environment Act 1987; General
Residential Zone 1 (GRZ1); Heritage Overlay (HO 440); Removal of
at-grade car park; Three storey building; 3 dwellings; 9 basement
car spaces; Roof top terrace; Clause 55 (ResCode); Height;
Setbacks; Amenity impacts. More...
Prime Earth Pty Ltd v Whitehorse CC
[2016] VCAT 496
Whitehorse Planning Scheme; Section 77 of Planning
and Environment Act 1987; General Residential Zone (Schedule
1); Neighbourhood Character; Garden Suburban Area 1; Two Storey
Townhouses; Internal Amenity; Pedestrian Access; Private Open
Space. More...
Lapsley v Whitehorse CC [2016]
VCAT 498
Section 77 of the Planning and Environment Act
1987. Whitehorse Planning Scheme. Neighbourhood Residential
Zone Schedule 5. Four lot subdivision. Neighbourhood character,
Intensity. More...
Chan v Boroondara CC [2016]
VCAT 494
Section 82 of the Planning & Environment Act 1987;
Boroondara Planning Scheme; Two Dwelling Development (Side-by-side
layout with basement carparking) Neighbourhood Character Impacts
– NRZ3, Clause 22.07 (Precinct 2). More...
GKK Kel Pty Ltd v Frankston CC
[2016] VCAT 487
Section 77 of the Planning & Environment Act
1987; Frankston Planning Scheme; General Residential Zone; 12
dwellings; Character; Landscape; Streetscape; Amenity. More...
393 Bay Road Developments No. 1 Pty Ltd v Bayside
CC [2016] VCAT 490
Benefit of a Site Inspection; Slope; Neighbourhood
Character; Reference Documents; Relevant Planning Controls and
Policies. More...
oOh!Media Pty Ltd v Port Phillip CC
[2016] VCAT 480
Section 77 Planning and Environment Act 1987;
Port Phillip Planning Scheme; Commercial 1 Zone; Existing Major
Promotion Sky sign; Change in format to electronic sign. More...
Kibar v Melton CC [2016] VCAT
479
General Residential Zone and Planning Policies Support
for Medium Density; Neighbourhood Character; Street Tree;
Streetscape; no permit. More...
Overton v Bayside CC [2016]
VCAT 478
It is proposed to demolish the existing dwelling and
remove native vegetation from the subject land and to construct two
double storey dwellings on the land. Application under Section 82
of the Planning and Environment Act 1987 by objectors to
review the decision to grant a permit. More...
Dream Technicians Pty Ltd v Boroondara
CC [2016] VCAT 475
Application under Section 77 of the Planning and
Environment Act 1987 (the Act) to review a decision to refuse
a permit. Floodlit, static, major promotion sign located at first
floor level. More...
Great Ocean Road Adventure Park Pty Ltd v Surf Coast
SC [2016] VCAT 474
Surf Coast Planning Scheme; Section 77 of the
Planning and Environment Act 1987; Leisure and Recreation
Facility; Adventure Park; Preparation of a Cultural Heritage
Management Plan. More...
Drive by Developments Pty Ltd v Kingston
CC [2016] VCAT 473
Major Promotion Sign; main road location; activity centre
location; visual clutter; impact on existing and future dwellings;
impact on road safety. More...
Vance v Bayside CC [2016] VCAT 472
Application under section 82 of the Planning and
Environment Act 1987 for review of a decision of the
responsible authority to grant a permit. Two dwellings. More...
Pentony v Boroondara CC [2016]
VCAT 471
Section 82 of the Planning & Environment Act
1987; Boroondara Planning Scheme; Commercial 1 Zone; General
Residential Zone; Design and Development Overlay; 6-storey mixed
use building (above a multi-level basement) containing 293
apartments; Landscape buffer requirement; Ordinary and natural
meaning; Purpose and context; West Hawthorn Urban Development
Framework. More...
Total Built Environment Services v Banyule
CC [2016] VCAT 468
Section 77 of the Planning and Environment Act
1987; Banyule Planning Scheme; Development of two double
storey dwellings; General Residential Zone; State and Local Policy;
Neighbourhood character; Off-site amenity; Internal amenity.
More...
Mandylas v Boroondara CC
[2016] VCAT 466
Section 77 Planning and Environment Act 1987
– double storey dwelling to rear of existing dwelling –
General Residential Zone Schedule 1 – mass, scale and design
– neighbourhood character – landscaping. More...
Khanin v Bayside CC [2016]
VCAT 465
Section 77 of the Planning and Environment Act
1987; Bayside Planning Scheme; General Residential Zone;
neighbourhood character; overdevelopment; space for landscaping;
private open space; surveillance; building setbacks; visual bulk;
solar orientation; internal amenity. More...
Waldon v Glen Eira CC [2016]
VCAT 464
Construction of two double storey attached dwellings in a
side by side arrangement. Application under Section 80 of the
Planning and Environment Act 1987 – to review three
conditions, Conditions 1(b), 1(f) and 1(g) of permit
GE/PP-28241/2015; Neighbourhood Residential Zone NRZ1. More...
Trajanovski v Whittlesea CC
[2016] VCAT 462
Application under Section 77 of the Planning and
Environment Act 1987. Whittlesea Planning Scheme. General
Residential Zone. Four single storey dwellings. Policy support.
Neighbourhood character. More...
Kokoda Property v Kingston CC
[2016] VCAT 476
Application under Section 79 of the Planning and
Environment Act 1987; Preliminary Hearing; Aboriginal
Heritage Act 2006; Aboriginal Heritage Regulations 2007; Area
of Aboriginal of Cultural Sensitivity; High Impact Activity;
Significant Ground Disturbance; Cultural Heritage Management Plan
Determined to Not be Required. More...
Bluestone Park Pty Ltd v Melbourne CC
[2016] VCAT 459
Application for declarations – section 149B
Planning and Environment Act 1987 – existing use
rights – validity of decision to amend permit –
standing to make an application under section 72 Planning and
Environment Act 1987 to amend a permit - application to amend
the endorsed plan for planning permit TP-1997-419B under secondary
consent, as a beer garden. More...
Hi Quality Quarry Products Pty Ltd v
EPA [2016] VCAT 457
An application pursuant to section 33A(2)(b) of the
Environment Protection Act 1970 to review the failure of
the Environment Protection Authority to determine an application to
amend a licence. If any application is made pursuant to section
33A(2)(b) of the Environment Protection Act 1970, the
Tribunal will extend time pursuant to section 126 of the
Victorian Civil and Administrative Tribunal Act 1998
within which to commence this proceeding. More...
Rodger Constructions Pty Ltd v Woolcorp Pty
Ltd [2016] VCC 86
Contract – Alleged agreement between developers of
adjoining land – Contribution to be made by one developer
towards the costs of the other constructing a sub-divisional road
on the common boundary – Whether agreement established
– If no agreement made out, whether the developer obtaining
the benefit of the road should contribute to the cost of
construction – Lumbers v. W Cook Builders Pty Ltd (in
liq.) [2008] HCA 27; (2008) 232 CLR 635 applied. More...
de Matteo v Nillumbik SC
[2016] VCAT 454
Section 77 of the Planning and Environment Act
1987; Nillumbik Planning Scheme; Schedule 7 of the
Neighbourhood Residential Zone; Schedule 2 of the Vegetation
Protection Zone; Bush Garden Precinct BG2 (Eltham - Bolton Street);
Neighbourhood character. Vehicle access; Overlooking; site
excavation; no permit. More...
Robinson v Maroondah CC [2016]
VCAT 453
Section 77 of the Planning and Environment Act
1987; Maroondah Planning Scheme; General Residential Zone;
neighbourhood character; landscape response; building set
backs. More...
Planning and Design Pty Ltd v Moreland
CC [2016] VCAT 452
Section 77 of the Planning and Environment Act
1987, Moreland Planning Scheme, Neighbourhood Residential Zone
Schedule 1, Vehicle crossing, Clause 22.03, Neighbourhood
Character; no permit. More...
Burgess v Mornington Peninsula SC
[2016] VCAT 451
Section 77 of the Planning and Environment Act
1987; Mornington Peninsula Planning Scheme; Green Wedge Zone
2; Environmental Significance Overlays 9, 17 & 28; Erosion
Management Overlay 1; Significant Landscape Overlays 1 & 6;
Vegetation Protection Overlay 2; Subdivision; Boundary Realignment;
Impact on High Quality Productive Agricultural Land; no
permit. More...
Caramar Holdings Pty Ltd v Banyule CC
[2016] VCAT 450
Banyule Planning Scheme; Commercial 1 Zone; Heritage
Overlay (HO90); Design and Development Overlay 11; Abuts a main
road; Six storey mixed use building; Height of building; Height of
streetwall; Setbacks; Vehicle access; Reduction of parking; Waiver
of loading bay; Equitable development rights. More...
Hillard v South Gippsland SC
[2016] VCAT 449
Section 82 of the Planning & Environment Act
1987; South Gippsland Planning Scheme; Farming Zone;
Environmental Significance Overlay Schedule 5; Host Farm and
Dwelling; Planning Policy; whether the host farm is supported by
the proposed use of the land for a farm; Impacts on surrounding
agricultural land; Amenity Impacts; Impacts on a waterway in a
potable water supply catchment. More...
Hansen Partnership v Hobsons Bay CC
[2016] VCAT 447
To construct a three storey apartment building containing
30 dwellings above a basement car park. Application under
section 77 of the Planning and Environment Act 1987
– to review the refusal to grant a permit. General
Residential Zone (Schedule 1) (GRZ1) Clause 32.08-4 To construct
two or more dwellings on a lot. More...
Lifestyle Living Pty Ltd v Knox CC
[2016] VCAT 446
Six-storey building ; two-storey preferred height in
Design and Development Overlay; impact on view identified in local
planning policy and the Overlay; design excellence; equitable
development rights; pedestrian amenity; car park design. More...
Mario Maugeri Design Edge Associates v Whitehorse
CC [2016] VCAT 448
Section 80 of the Planning & Environment Act
1987; Whitehorse Planning Scheme; Two-dwelling development:
Building envelope & siting – Neighbourhood character
impact (GRZ Schedule 1; Clause 22.03 – Natural change area
& Garden suburban 6 precinct). More...
Yarra CC v Malsons International Pty
Ltd [2016] VCAT 443
Costs application – section 109 Victorian Civil
and Administrative Tribunal Act 1998 – reimbursement of
fees – section 115B Victorian Civil and Administrative
Tribunal 1998. Malsons International Pty Ltd is ordered to pay
the costs of Yarra City Council fixed in the sum of
$7,638.35. More...
GBM Properties (Vic) Pty Ltd v Yarra Ranges
SC [2016] VCAT 440
Creation of two easements of carriageway, 6.03 metres in
width. Application under Section 80 of the Planning and
Environment Act 1987 – to review conditions contained in
the permit. Part Green Wedge Zone (4), part Rural Conservation Zone
(3). Environmental Significance Overlay (Schedules 1 and 3)
in part, Significant Landscape Overlay (3), Erosion Management
Overlay and Bushfire Management Overlay. More...
Simgar Pty Ltd v Whitehorse CC
[2016] VCAT 437
Section 77 Planning and Environment Act 1987;
Whitehorse Planning Scheme; Neighbourhood Residential Zone;
Significant Landscape Overlay; Child care centre; Landscape;
Neighbourhood character; no permit. More...
Wilson v Macedon Ranges SC
[2016] VCAT 436
Application under section 80 of the Planning and
Environment Act 1987. Review of conditions on a planning
permit. Macedon Ranges Planning Scheme. Land subject to Rural
Conservation Zone and Environmental Significance, Vegetation
Protection, Significant Landscape and Bushfire Management Overlays.
Special water supply catchment area (Mollison Creek and Pyalong
water supply). Proposal to alter a dwelling to add living areas,
bedrooms, study and bathroom. Role and jurisdiction of referral
authority challenged. Challenge to conditions on basis of relevancy
to the works and development. More...
Day v Hobsons Bay CC [2016]
VCAT 435
Section 77 Planning and Environment Act 1987
– General Residential Zone Schedule 1 – single storey
dwelling to the rear of existing dwelling – within 500 metres
of Major Hazard Facility; no permit. More...
Zelman v Glen Eira CC [2016]
VCAT 434
Section 80 Planning and Environment Act 1987; Glen Eira
Planning Scheme; General Residential Zone; Housing Diversity Area;
Three-storey residential development. More...
BKMA Developments Pty Ltd v Glen Eira
CC [2016] VCAT 433
Section 77 of the Planning and Environment Act
1987, Glen Eira Planning Scheme, Apartment building. More...
Willis v Yarra Ranges SC (Red
Dot) [2016] VCAT 407
NATURE OF CASE - Interpretation of 'smaller lots'
subdivision controls in Green Wedge Zone. REASONS WHY
DECISION IS OF INTEREST OR SIGNIFICANCE - PLANNING SCHEME –
interpretation or consideration of VPP provision - VPP clause
35.04-3 - Green Wedge Zone, and schedule; what constitutes a
'smaller lot' for the operation of the 'smaller
lots' subdivision control where the minimum lot size in the
schedule is qualified by reference to an average lot yield and
maximum lot size. CHANGE TO LEGISLATION OR VPPS - whether change to
VPPs or is required or desirable. Given potential for
conflicting Tribunal decisions, and the implications for other
similar zones in other planning schemes, a clarifying amendment is
warranted - preferably at a VPP level. More...
Gursoy v Bayside CC [2016]
VCAT 429
Section 77 of the Planning & Environment Act
1987; Bayside Planning Scheme; whether three dwellings is
consistent with purposes of the Neighbourhood Residential Zone;
compliance with objectives and Standards of Clause 55. More...
Oriental Wans Australia Pty Ltd v Stonnington
CC [2016] VCAT 427
Demolition of three shopfront facades of the buildings
formerly located on the subject land, in contravention of the
permit and endorsed plans under permit 0726/09 issued by the
responsible authority and/or in contravention of cl 43.01 of the
Stonnington Planning Scheme (Heritage Overlay). As part of
the settlement of these proceedings, the Applicant has agreed to
install a hoarding with images depicting the development across the
site frontage as soon as is practically achievable. More...
Hurst Earthmoving Pty Ltd v Towong SC
[2016] VCAT 425
Towong Planning Scheme; Rural Activity Zone; Stone
extraction; Impacts of trucks travelling past rural lifestyle
properties; Visual impacts and landscaping; Amenity of dwellings
adjoining the haul road; Dust; Safety; Upgrade and maintenance of
the haul road; Policy; Net community benefit. More...
Jessup v Maroondah CC [2016]
VCAT 422
Section 80 of the Planning & Environment Act
1987; Maroondah Planning Scheme; conditions relating to a
building envelope and drainage works on a subdivision permit.
More...
Ko v Maribyrnong CC [2016]
VCAT 421
Section 77 of the Planning and Environment Act
1987; Maribyrnong Planning Scheme; General Residential Zone;
Medium density development; Two side-by-side dwellings on a lot
fronting a Road Zone Category 2 road; Incremental Change Area;
Garden Court precinct; Neighbourhood character; Scale and mass;
Vehicle access and egress. More...
Grillo Building Designs v Moreland CC
[2016] VCAT 420
Application under section 81(1)(a) of the Planning
and Environment Act 1987; Refusal to extend time; Site rezoned
to Neighbourhood Residential Zone – Schedule 1; Kantor
principles; Maximum number of Dwellings; Maximum height limit;
Approved development now prohibited. More...
Eryurek v Moreland CC [2016]
VCAT 419
Application under Section 77 of the Planning and
Environment Act 1987 for review of a decision of the
responsible authority to refuse to grant a permit. Permission under
Clause 32.09-5 for the construction of two or more dwellings on an
allotment under the Neighbourhood Residential Zone provisions of
Clause 32.09. More...
Velevski v Brimbank CC [2016]
VCAT 418
Application under Section 81(a) of the Planning and
Environment Act 1987 for review of a decision of the responsible
authority refusing to extend time for completion of a development
under a permit. Extend time for completion of a development of
three dwellings allowed by Planning Permit P756/2005. General
Residential Zone. More...
Karunajeewa v Melbourne CC [2016] VCAT
417
Application to amend permit pursuant to section 87A of
the Planning and Environment Act 1987; Heritage Overlay
– Schedule 4, Parkville Precinct; Design and Development
Overlay – Schedule 35, Area A2, South Parkville; Ievers
Reserve; pergola; outdoor inbuilt fireplace with flue and cowl;
privacy screens. More...
Pezzimenti v Boroondara CC [2016] VCAT 428
Section 82 of the Planning & Environment Act
1987; Boroondara Planning Scheme; Proposed Garage –
Traffic, character/ heritage impacts. More...
A B Holdings Pty Ltd v Frankston CC
[2016] VCAT 424
Frankston Planning Scheme; Section 77 of the Planning
and Environment Act 1987; Two Permit Applications; Two Lot
Subdivision; Two x Two Storey Dwellings; General Residential 1
Zone; Design and Development Overlay DDO6; Neighbourhood Character
Precinct Frankston 10; Off Site Amenity Impacts; Views. More...
Moloney v Mornington Peninsula SC
[2016] VCAT 415
Amending Section 173 Agreement; Status of CFA When
Agreement Not Complied With; Bushfire Risk; Changes to Bushfire
Management Requirements; Neighbourhood Character; Visual
Bulk. More...
Kreti v Moonee Valley CC
[2016] VCAT 414
Application under Section 82 of the Planning and
Environment Act 1987 (the Act) to review a notice of decision
to grant a permit. General Residential Zone Schedule 2. Clause 55
Two or more dwellings on a lot. Double Storey Dwellings. Parking
and Traffic; Neighbourhood Character; Heritage Character. More...
Pope v Greater Geelong CC
[2016] VCAT 413
Section 82 of the Planning and Environment Act
1987; Greater Geelong Planning Scheme; General Residential
Zone; Design and Development Overlay (DDO14), Proposed Three Double
Storey Detached Dwellings and Three Lot Subdivision; Design
Response to Neighbourhood Character, Amenity Impact on Adjoining
Dwellings, Loss of Views. More...
Konstas v Bayside CC [2016]
VCAT 412
Bayside Planning Scheme; Neighbourhood Residential Zone
Schedule 3; Design and Development Overlay; Four dwellings in a two
storey building; Height; Massing; Visual bulk; Neighbourhood
character; Backyard character; Tree retention and landscaping;
Overlooking; Overshadowing; Traffic; Parking. More...
Allan Armstrong and Associates v Knox
CC [2016] VCAT 411
Section 80 of the Planning and Environment Act
1987, Knox Planning Scheme; General Residential Zone. A permit
has been issued for two double storey dwellings on a corner lot.
This permit is subject to a number of conditions. More...
Canterbury Hills Pty Ltd v Hume CC
[2016] VCAT 430
The Applicant's application for costs in relation to
Application Nos P990/2015 & P991/2015 is refused. Costs
associated with the costs application are reserved. There has
been a dispute between Canterbury Hills Pty Ltd (Canterbury Hills)
and Hume City Council about completing the stage 24 subdivision of
Canterbury Hills' housing estate near Sunbury. More...
Caydon Cremorne No.1 Development Pty Ltd v Yarra
CC [2016] VCAT 423
Application under S.79 of the Planning and
Environment Act 1987 for review of the failure to grant a
permit within the prescribed time, piecemeal application, car
parking/modal change, landmarks and overshadowing of the Yarra
River. More...
478 St Kilda Road Land Pty Ltd v Port Phillip
CC [2016] VCAT 426
Application under Section 87A of the Planning and
Environment Act 1987; Port Phillip Planning Scheme; Commercial
1 Zone; Heritage Overlay HO329; Design and Development Overlays
DDO4-2 and DDO13; Proposed 19 Storey Building; Mediated 18 Storey
Outcome; Application to Amend the Development to Add a Floor (Total
19 Storeys). More...
New South Wales
Simpson v Council of the City of
Sydney [2016] NSWLEC
1106
DEVELOPMENT APPLICATION: replacement of dormer window,
heritage item, conservation area, contributory building, amenity of
attic.
More...
Barnes v Loveridge; Unicomb v
Loveridge [2016] NSWLEC
1108
TREES [NEIGHBOURS] Part 2A – obstruction of views
and sunlight; heritage and other discretionary matters; sunlight
– insufficient evidence.
More...
Legowski & anor v Snowy River Shire
Council [2016] NSWLEC
1110
DEVELOPMENT APPLICATION: appeal against decision for
review of conditions of approval for "serviced apartment"
– whether "serviced apartment" can accommodate 15
people.
More...
Goo v Office of Environment &
Heritage [2016] NSWLEC 27
SENTENCE – possession and sale of protected fauna
(3 offences in total) – appeal against sentence in Local
Court – relevant objective and subjective factors –
custodial sentence not appropriate – financial penalty
appropriate – resentencing required – specific and
general deterrence – appeal upheld and fine imposed.
More...
Suh v Liverpool City Council
[2016] NSWLEC 25
JOINDER – community group – application for
joinder – statutory tests – nature of issues proposed
to be raised by applicant for joinder – issues not likely to
be canvassed by the council - public interest - joinder granted.
More...
North Sydney Council v North Sydney Leagues Club
Limited [2016] NSWLEC
22
PRACTICE AND PROCEDURE: application for adjournment of
the proceedings – respondent seeking development consent to
regularise works and use of premises – principles to be
applied – costs – directions.
More...
Bankstown City Council v Zraika; Roads and Maritime
Services v Zraika [2016] NSWCA 51
LOCAL GOVERNMENT – development consent –
function of determining applications for development consent
– whether local council as planning authority owed duty of
care – nature of regulatory function for the purposes of
Civil Liability Act 2002 (NSW) s 44 – special
statutory power for the purposes of Civil Liability Act
2002 (NSW) s 43A – nature of test imposed by
s 43A – whether local council liable for failing to
impose conditions relating to traffic access to property
NEGLIGENCE – motor vehicle collision at intersection –
one driver entered intersection contrary to left turn only arrows
marked on road – whether driver failed to take reasonable
care – whether breach of duty caused collision –
apportionment of liability STATUTORY AUTHORITIES –
function of installing traffic signals – whether delay
between authority's decision to install signals and
implementation of decision was a breach of duty – operation
of Civil Liability Act 2002 (NSW) s 43A.
More...
Queensland
Brisbane City Council v Gerhardt
[2016] QCA 076
ENVIRONMENT AND PLANNING – BUILDING CONTROL –
COUNCIL CONSENT AND APPROVAL – CONSENTS, APPROVALS AND
PERMITS – OTHER MATTERS – where the respondent is a
building certifier (class A) performing functions under s 48
Building Act 1975 (Qld) ('Building Act') –
where owners of a house in Wooloowin made a building development
application to the respondent under s 6 Building Act – where
the development was an assessable development under s 9 of the
Sustainable Planning Regulation 2009 (Qld) and under council's
City Plan 2014 – where s 11 Building Act deemed the
respondent to be the assessment manager for the building
development application – where the respondent referred to
the council that part of the building development application
within its jurisdiction as a concurrence agency to assess the
amenity and aesthetic impact of the application against the City
Plan 2014 – where the council indicated that the
respondent's request for a response as a concurrence agency was
premature because it first needed to grant preliminary approval
under s 83(1)(b) Building Act – where the respondent obtained
a declaration that no application for preliminary approval was
required – where the council contends that the declaration
below contained errors of law – whether, on its correct
construction, s 83(1)(b) Building Act requires a separate
application to be made to the council as a necessary preliminary
approval. More...
Brisbane Islamic Centre Limited v Brisbane City
Council & Anor [2016] QPEC 014
APPEAL AGAINST REFUSAL FOR DEVELOPMENT OF A MOSQUE AND
COMMUNITY CENTRE – where clearly a need for a mosque in
locality – where proposed development located within rural
zone of City Plan 2000 and City Plan 2014. CONFLICT –
weight to be given to new planning scheme introduced after
development application lodged – whether proposal in serious
conflict with the respondent's planning scheme – whether
there are sufficient grounds for approval despite conflict.
ISSUES FOR DETERMINATION – VISUAL AMENITY – ECOLOGY
– WATERWAY CORRIDOR ISSUES – TRAFFIC – HYDROLOGY.
More...
Kinsella & Anor v Gold Coast City Council (No
3) [2016] QSC 014
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – JOINDER OF CAUSES OF ACTION AND OF PARTIES
– PARTIES – GENERALLY – where the defendant
raised allegations of concurrent wrongdoing in its defence –
where the plaintiff brought an application under s 69 of the
Uniform Civil Procedures Rules 1999 (Qld) seeking to join the
alleged concurrent wrongdoers to the proceeding – whether the
plaintiffs have demonstrated an arguable case against the alleged
concurrent wrongdoers – whether joinder is
'necessary' or 'desirable, just and convenient' to
adjudicate effectually and completely on all matters in dispute in,
or connected with the proceeding - defendant Council's
operation of a nearby landfill facility resulted in the
escape of harmful landfill gas and leachate and that, by
September 2009, these problems had become such an issue
of public concern and notoriety that the value of their
property was adversely affected. More...
2040 Logan Road Pty Ltd v Body Corporate for
Paddington Mews (No 2) [2016] QSC 065
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – COSTS – OFFERS OF COMPROMISE,
PAYMENTS INTO COURT AND SETTLEMENTS – INFORMAL OFFERS AND
CALDERBANK LETTERS – UNREASONABLE REFUSAL OF OFFER –
where application was made to the court pursuant to s 180 of the
Property Law Act 1974 (Qld) for the grant of an easement
– where an offer of compromise was made by the respondent at
an early stage of the proceeding – whether the applicant
acted unreasonably or imprudently in not accepting that offer
– whether costs calculated on the indemnity basis should be
ordered. PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – COSTS – INDEMNITY COSTS –
RELEVANT CONSIDERATIONS GENERALLY – where application was
made to the court pursuant to s 180 of the Property Law Act
1974 (Qld) for the grant of an easement – whether the
applicant's conduct of the case was plainly unreasonable
– whether there was some special or unusual feature of the
case that justified a departure from the usual rule that the costs
of a successful party are to be calculated on the standard basis
– whether costs calculated on the indemnity basis should be
ordered. More...
Ferreyra & Ors v Brisbane City Council &
Anor (No 2) [2016] QPEC 013
PLANNING AND ENVIRONMENT – Costs. More...
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.