In the media
Commonwealth
The planning system needs to get "climate
conscious", fast
The Planning Institute of Australia is committed to
achieving zero net carbon from the built environment by 2050, if
not sooner. But to achieve this goal it is critical that planning
systems be a help - not a hindrance - by cutting greenhouse gas
emissions and by adapting to climate change (18 March 2021).
More...
Trees can curb urban heatwaves
The heat is on Melbourne, Brisbane and Sydney to increase
urban vegetation and prevent scorching summer temperatures. Regions
with higher levels of vegetation are cooler regardless of
population density, according to Monash University's
temperature check report (18 March 2021). More...
Victoria
Sustainable village delivering affordable housing
Dozens of Victorians at risk of or experiencing
homelessness will benefit from secure housing, reduced power bills
and the opportunity to build social connections in a
ground-breaking new housing development in Brunswick. Twenty-five
new social housing apartments are planned to be acquired in the
Nightingale Village, which will be Australia's first carbon
neutral residential precinct (19 March 2021). More...
Melbourne social housing projects win funding
Social housing projects are continuing to gain momentum
with four projects in Melbourne receiving funding through the
$1-billion National Housing Infrastructure Facility (17 March
2021). More...
Developers move in on public transport hubs for new
projects around the country
New train, metro and light rail projects around the
country are also going to be home to new shopping centres, office
towers, industrial hubs and, yes, apartment blocks. Savills
Victoria CBD and metropolitan sales director Clinton Baxter said it
was an alternative to developing greenfields sites on the
urban fringe (15 March 2021). More...
EPA steps up the attack on recycling fires
Environment Protection Authority Victoria
(EPA) is intensifying its enforcement campaign at
recycling industry sites, with inspection teams applying a
zero-tolerance approach (12 March 2021). More...
EPA finalises power station licence review
Environment Protection Authority Victoria
(EPA) has completed its licence review of
Victoria's three brown coal fire stations: Yallourn, Loy Yang A
and Loy Yang B (05 March 2021). More...
Developers, planners discuss Pakenham East
Developers in Pakenham East are preparing to take
advantage of the booming residential market creating 7200 homes in
Victoria's newest suburb. The Victorian Planning Authority
fast-tracked the suburb along with five others in response to the
pandemic (05 March 2021). More...
Calls to extend HomeBuilder as Melbourne's growth
corridors boom
First home buyers flocked to Melbourne's western
growth corridor making up 40 per cent of all of RPM's land
sales in greater Melbourne last quarter, but there are fears this
could dry up when the HomeBuilder scheme finishes at the end of
this month (04 March 2021). More...
Have your say on Riverside Crown Land rules
The Andrews Labor Government is encouraging farmers,
fishers, campers and outdoor enthusiasts to have their say on
proposed regulations to govern recreational activity on Crown Land
with river frontage (03 March 2021). More...
NSW
City of Sydney's 'ambitious' plan for
net-zero buildings from 2026
New developments in Sydney's CBD and surrounding
suburbs must be able to offset as much energy as they expend under
a state government-backed plan (16 March 2021). More...
Waste levy waived in storm and flood affected NSW North
Coast
The NSW Government has waived the waste levy fee for
residents disposing of storm and flood generated waste in seven
North Coast local government areas that have been declared Natural
Disaster Areas (16 March 2021). More...
New lease for Sydney Harbour Trust sites
With $40.6 million already being rolled out to restore
historic Sydney Harbour Federation Trust buildings, the Morrison
Government has confirmed a future leasing strategy that will ensure
the protection of public ownership and access (16 March 2021).
More...
Green lights for Sydney Metro West
The Sydney Metro West project has received two major
planning approvals, creating thousands of jobs and paving the way
for mega tunnel boring machines to be in the ground by the end of
next year (16 March 2021). More...
Sydney's third city to be named Bradfield
The city to be developed on the doorstep of Sydney's
second airport at Badgery's Creek will be named Bradfield in
honour of the engineer who helped shape Sydney (16 March 2021).
More...
Opal Tower hurt values of neighbouring projects
The fallout from Sydney's disastrous Opal Tower
development damaged values of nearby residential developments
including Mirvac's 359-unit Pavilions project in Sydney Olympic
Park, Mirvac head of residential Stuart Penklis says (11 March
2021). More...
Another Sydney Metro milestone reached
The NSW Government has approved a landmark building above
the future Pitt Street Sydney Metro station in another milestone
for Australia's largest public transport project (10 March
2021). More...
Planning changes to boost farm businesses and regional
tourism
More farms across regional NSW will be able to open their
gates to visitors and diversify their businesses under proposed
changes to the planning system as part of COVID-19 recovery
measures (09 March 2021). More...
Caravan park operation to pay $2.3m after losing High
Court appeal
Companies operating a NSW Tweed River area caravan park
have lost an appeal in the High Court after being ordered to pay
more than $2.3 million in compensation plus interest to consumers
relating to the sale of waterfront villas as "permanent
residences" despite the sites not having development consent
for permanent accommodation (09 March 2021). More...
NSW Government delivers Koala SEPP 2021
Koala SEPP 2019 will be remade across NSW as Koala SEPP
2021. Core rural zones in rural areas will be decoupled from the
SEPP as new codes that protect koala habitat under the Local Land
Services Act are developed over the next month (08 March 2021).
More...
Roadmap to reform rolled out for infrastructure
contributions
The NSW Government will undertake major reforms to the
infrastructure contributions system, unlocking up to $12 billion in
productivity benefits through changes to how public facilities and
services are funded through the planning system (05 March 2021).
More...
Queensland
Luxe eco-tourism resort planned for South Stradbroke
Island
Plans for a six-star eco-tourism resort on the Gold
Coast's South Stradbroke Island have been lodged for the
abandoned former McLaren's Landing (19 March 2021). More...
Legal advice released on possibility of retirement
village on former North Lakes Golf Course
A controversial proposal to put a retirement village on a
former golf course may have a step closer to reality with legal
advice confirming a development application can be made (18 March
2021). More...
Surf Park planned for Gold Coast resort
Parkwood Village has announced plans to build a
'world-class' wave pool by 2023, forming larger plans for
its already approved integrated resort and leisure precinct on the
Gold Coast (16 March 2021). More...
Gold Coast refines city plan
Gold Coast council is making further changes to city
planning with the intention to build upward, not outward.
Interstate migration is putting pressure on the region with only 20
per cent of homes deemed affordable and land availability becoming
scarce (10 March 2021). More...
Caravan park operation to pay $2.3m after losing High
Court appeal
Companies operating a NSW Tweed River area caravan park
have lost an appeal in the High Court after being ordered to pay
more than $2.3 million in compensation plus interest to consumers
relating to the sale of waterfront villas as "permanent
residences" despite the sites not having development consent
for permanent accommodation (09 March 2021). More...
'Oversupply' of service stations as investors
pump up profits with convenience stores
Dozens of new service stations are popping up across
south-east Queensland as the fuel industry expands into the space
once filled by corner shops (09 March 2021). More...
In Practice and Courts
Plan to Identify Planning and Zoning Reforms:
Information paper
Productivity Commission: released on 9 March 2021
The Commission was to prepare a plan to identify planning and
zoning reforms that jurisdictions could consider as part of their
response to, and recovery from, the COVID-19 pandemic. This paper
is the result of that request. More...
Announcements, Draft Policies and Plans
Victoria
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.
Victoria's Draft 30-Year Infrastructure
Strategy
We have released Victoria's Draft 30-Year Infrastructure
Strategy and are inviting all Victorians to have
their say. 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.
Extension to the declaration of Surf Coast, Bellarine
Peninsula and Bass Coast as distinctive areas and landscapes
The Governor in Council, under section 46AT(3) of
the Planning and Environment Act 1987, has approved the
extension of time required to prepare Statements of Planning Policy
for Surf Coast, Bellarine Peninsula and Bass Coast for a further 12
month period.
NSW
NSW Clean Air Strategy 2021-30
The draft NSW Clean Air Strategy outlines the whole of NSW
Government approach to improving air quality and minimising adverse
effects on human health (18 March 2021). More...
Land and Environment Court
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...
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: Timetable to digital survey plans in
NSW launched
Some important deliverables in the next 12 months
are:
July 2021: Surveyors will be able to create survey plan workspaces
in the NSW Land Registry Services (LRS) portal and pre-fill
titling documents online
End of 2021: Move to 100 per cent online lodgment along with
new NSW LRS portal tools that make it easier for surveyors to lodge
digital survey plans. 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...
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...
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...
NSW Planning Department: Have your say -Draft plans and policies
Draft State Environmental Planning Policy Design and
Place - on exhibition
Public comment is being invited on a proposed new Design
and Place state policy. The Department of Planning, Industry and
Environment has released an explanation of intended effect for a
proposed new State Environmental Planning Policy for 'Design
and Place'. Submissions close 31 March. 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
DES prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
March 2021 Prosecution bulletin no 3/2021
Build-to-Rent update - approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023. More...
Consultations
Inland Rail - Border to Gowrie project - draft
environmental impact statement. Closes 19 April 2021.
Cases
Victoria
Owen v Boroondara CC (Red
Dot) [2021] VCAT
175
Application under section 82 of the Planning and
Environment Act 1987 to review a decision to amend a permit
POTENTIAL GUIDELINE DECISION Law, Planning Scheme, Practice and
Procedure and Analysis
LOCATION OF PASSAGE OF INTEREST Garden Area
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE LAW - issue of
interpretation or application
Whether Clause 32.09-15 of the Boroondara Planning Scheme applies
to application to amend permit. Whether Clause 32.09-4 of the
Boroondara Planning Scheme applies and to what extent. Accrued
rights are limited
LEGISLATION - interpretation or application of statutory provision
Clause 32.09-4
PLANNING SCHEME - interpretation or consideration of VPP provision
Garden Area
PRACTICE OR PROCEDURE - consideration of individual instance or
systemic issues
Assessing garden area in circumstances where an amendment is sought
to a planning permit granted prior to the introduction of the
garden area provisions. ANALYSIS - exposition of how to assess an
issue or matters to consider Garden area applies in such
circumstances, subject to any accrued right.
NSW
J.K. Williams Staff Pty Limited v
Sydney Water Corporation [2021] NSWLEC
23
CIVIL ENFORCEMENT - discharge of treated effluent from
sewage treatment plant into creek - erosion of bank of creek -
whether breach of planning or environmental laws - approval under
Part 3A of Environmental Planning and Assessment Act 1979 -
approval condition that proponent comply with statement of
commitments - commitment not to cause degradation of bed or bank
stability of creek - effect of statement of commitments -
commitment breached - whether erosion is pollution of land - no
land pollution established - condition of operating licence for
sewage treatment plant to meet objectives of Sydney Water Act 1994
- effect of principal objectives and special objectives - no breach
of operating licence TORTS - duty of care in relation to support
for land under s 177 of the Conveyancing Act 1919 - whether bank
erosion removed support - breach of duty of care - defence under s
43A of Civil Liability Act 2002 not established - defence of
statutory authority not established - nuisance action not
maintainable.
Penrith City Council v Dincel
Construction System Pty Limited (No
5) [2021] NSWLEC
22
CIVIL PROCEDURE - judgments and orders - amending, varying
and setting aside - correction under slip rule - Uniform Civil
Procedure Rules - Rule 36.16 JUDGMENTS AND ORDERS - application for
stay of operation COSTS - Party/Party - general rule that costs
follow the event - application of the rule and discretion. Civil
Procedure Act 2005 (NSW) ss 56, 67; Environmental Planning and
Assessment Act 1979 (NSW) Div 9.3, ss 4.2, 4.3; Land and
Environment Court Act 1979 (NSW) ss 22, 23; State
Environmental Planning Policy (Western Sydney Employment Area)
2009.
Joint Venture Pty Ltd v Mid-Coast
Council [2021] NSWLEC
1138
DEVELOPMENT APPEAL - Manufactured Home Estate -
permissibility - innominate use - site contamination - Biodiversity
Development Assessment Report - avoidance, mitigation and
offsetting of impacts on flora and fauna - adequacy of biodiversity
assessment - intensity of development - visual impact -
reasonableness of impacts arising from the development - character
- public interest - appeal dismissed - development refused.
Ingenia Communities Pty Ltd v
Mid-Coast Council [2021] NSWLEC
1131
APPEAL - development application - alterations and
additions to caravan park - consistency with zone objectives -
contamination - access to services and facilities - displacement of
tourist accommodation - density of the proposed development -
whether the use for long term accommodation is particularly
suitable due to the location and character of the land - amenity
impacts - displacement of long term residents.
Vatera Pty Ltd v Lane Cove
Council [2021] NSWLEC
1130
DEVELOPMENT APPLICATION - mixed use development -
contravention of height of building standard - whether compliance
is unreasonable or unnecessary in the circumstances of the case -
whether proposed development in the public interest because it is
consistent with the objectives of the particular standard.
CE Coogee Development Pty Ltd v
Randwick City Council [2021] NSWLEC
1125
(1) The appeal is upheld.
MODIFICATION APLICATION - appeal against imposition of condition -
whether substantially the same development - visual privacy -
daylight and ventilation Architects Act 1921; Architects Act
2003.
Peric v Bayside
Council [2021] NSWLEC
1128
DEVELOPMENT APPEAL - subdivision - character -
semi-detached dwelling - orders.
Red Packet Investments Pty Ltd v Blue
Mountains City Council [2021] NSWLEC
1126
DEVELOPMENT APPLICATION - construction of two new
dwellings on adjacent blocks - alterations and additions to an
existing building - whether requests to vary height development
standards are well founded.
CE Coogee Development Pty Ltd v
Randwick City Council [2021] NSWLEC
1125
MODIFICATION APLICATION - appeal against imposition of
condition - whether substantially the same development - visual
privacy - daylight and ventilation.
The Trustee for Leppington Central
Investments Trust trading as Leppington Central Investments Pty Ltd
v Liverpool City Council [2021] NSWLEC
1122
APPEAL - development application - residential subdivision
- conciliation conference - agreement reached - orders made.
Voudouris v City of Parramatta
Council [2021] NSWLEC
1118
DEVELOPMENT APPLICATION - childcare centre with basement
parking - acoustic impacts and treatment - unencumbered outdoor
play space - consistency with character and streetscape - basement
and street parking.
CMH Design Pty Ltd t/a CM Hairis
Architects v Randwick City
Council [2021] NSWLEC
1117
DEVELOPMENT APPLICATION: roof top terrace - whether the
development exceeds the floor space ratio standard - whether the
roof terrace will create unreasonable impacts for adjoining
neighbours - the reasonableness of the terrace - appeal upheld.
Johnson Property Group Pty Limited v
Cessnock City Council; Mountview Grange 88 Pty Ltd v Cessnock City
Council [2021] NSWLEC
1098
DEVELOPMENT APPLICATION - Bellbird North Urban Release
area - integrated development - subdivision of land - deemed
refusal - conditions of a kind allowed by a contributions plan -
impacts on state roads.
Queensland
Highgate Partners Qld Pty Ltd v
Sunshine Coast Regional Council [2021]
QPEC 15
PLANNING AND ENVIRONMENT - APPLICATION - Where the
applicant was successful in obtaining a development approval
granted by order of this Court on 17 October 2008, for staged
sub-division of land at Burnside - Where that development approval
has previously been changed by order of this Court on three
occasions: On 29 April 2011, 24 June 2016 and 13 April 2017, with a
result of 53 separately owned subdivided lots and a yet to be
sub-divided balance lot - Where the applicant now seeks that the
development approval be changed to facilitate the further staged
subdivision of the balance lot - Where the application is
considered to be for a "minor change" within the meaning
of s 78A of the Planning Act 2016 - Whether the applicant has
satisfied all of the requirements of s 79 of the Planning Act 2016
- Whether s 79(1A) of the Planning Act 2016 requires the consent of
all the owners - Whether the 53 previously subdivided residential
lots are "excluded premises" within the meaning of s
79(1A) and Schedule 2 of the Planning Act 2016 - Whether the
application should be approved upon assessment pursuant to s 81 of
the Planning Act 2016
Acts Interpretation Act 1954 Qld ss 14, 14B; Building Act 1975 Qld
s 65; Integrated Planning Act 1997 Qld ss 3.5.33(3), 4.1.5A;
Planning Act 2016 Qld ss 31, 35, 51, 73, 78, 78A(2), 79, 81, 84,
86, 280, Schedule 2
Planning and Environment Court Act 2016 Qld s 37; Planning Bill
2015 Qld; Sustainable Planning Act 2009 Qld ss 200, 245, 263, 367,
371, 379, 383, 440, 704.
Bond v Chief Executive, Department of
Environment and Science [2021] QPEC
14
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION - QUEENSLAND - PLANNING AND ENVIRONMENT
COURT AND ITS PREDECESSORS - PROCEDURE - where the applicant is
subject to an Environmental Protection Order as a "related
person" under s363AD of the Environmental Protection Act
(1994) - where the order required the applicant to lodge a bank
Guarantee of $5,500,000 to secure compliance and to carry out
specific rehabilitation works - where the operational period of the
order has expired - where the rehabilitation works required by the
order have been carried out pursuant to a Direction Notice issued
to the Department of Natural Resources Mines and Energy
APPLICATION FOR STAY - where the applicant seeks a stay pursuant to
s539B(2) of the Environmental Protection Act (1994) of the
Environmental Protection Order to which he is subject- where the
applicant submits that the stay is necessary to secure the
effectiveness of an appeal to this court in relation to the making
of the Environmental Protection Order - where a stay has been
refused on two earlier occasions - whether "significant"
new facts and circumstances have arisen which justify the further
application for a stay being made - whether the interests of
justice warrant a further hearing of the application - whether it
is necessary on the facts to consider competing discretionary
factors - whether the application amounts to an abuse of
process
Environmental Protection Act 1994 Qld ss 535, 539B, 358, 363AD,
363AG.
Dreamline Development Corporation Pty
Ltd v Brisbane City Council & Ors
[2021] QPEC 13
PLANNING AND ENVIRONMENT - APPEAL - DEVELOPMENT
APPLICATION - where the Council refused an application to develop
land for multiple dwellings - where the land was in the Low density
residential zone - where the land had an area of 8,910 square
metres - where the Council conceded that the proposed development
does not create any adverse amenity or character consequences for
the surrounding area - where the Council conceded that the
development does not create any internal amenity issues or traffic
issues that warrant its refusal - whether the proposed development
was of a house scale - whether the proposed development was low
density -whether the proposed development will deliver
appropriately located infill development that furthers the planning
goals in City Plan - whether the proposed development should be
approved in the exercise of the planning discretion. Planning Act
2016 Qld ss 45, 59, 60; Planning and Environment Court Act 2016 Qld
ss 43, 45, 47; Planning Regulation 2017 Qld s 31.
Legislation
Victoria
Acts
Date of assent: 16 March 2021
Constitution Amendment (Fracking Ban) Act 2021
(Vic)
Act Number: 8/2021
Statutory Rules
No 3 Residential Tenancies Regulations 2021
The Regulations use terms that apply from 29 March 2021. These
are:
renters - currently called tenants
rental providers - currently called landlords
rental agreements - currently called tenancy agreements
rooming house operators - currently called rooming house
owners.
NSW
Regulations and other miscellaneous instruments
Electricity Infrastructure Investment Regulation
2021 (2021-102) - published LW 12 March 2021
Environmental Planning and Assessment Amendment
(Inland Rail) Order 2021 (2021-103) - published LW 12
March 2021
Environmental Planning and Assessment Amendment
(Subdivision Certificates) Regulation 2021 (2021-104) -
published LW 12 March 2021
Environmental Planning Instruments
State Environmental Planning Policy (Koala Habitat
Protection) 2021 (2021-115) - published LW 17 March
2021
State Environmental Planning Policy (Western
Sydney Aerotropolis) Amendment 2021 (2021-111) - published
LW 12 March 2021
Bills introduced Government
COVID-19 Recovery Bill 2021
Local Government Amendment Bill 2021
Real Property Amendment (Certificates of Title)
Bill 2021
Bills revised following amendment in Committee
Marine Pollution Amendment (Review) Bill
2021
Property Services Council Bill 2021
Bills passed by both Houses of Parliament
Community Land Development Bill 2021
Community Land Management Bill 2021
COVID-19 Legislation Amendment (Stronger
Communities and Health) Bill 2021
Marine Pollution Amendment (Review) 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.