In the media
Green Star makes business sense as we collectively look
to the future
The GBCA annual TRANSFORM launched the GBCA's latest
report, Green Star in focus: the business case. From attractive tax
concessions to higher asset values, Green Star buildings boast
decreased operational costs, lower electricity and water usage, and
happier, healthier tenants that hang around for the long term (31
March 2020).
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Cities after coronavirus: how Covid-19 could radically
alter urban life
One of the most pressing questions that urban planners
will face is the apparent tension between densification – the
push towards cities becoming more concentrated, which is seen as
essential to improving environmental sustainability – and
disaggregation, the separating out of populations, which is one of
the key tools currently being used to hold back infection
transmission (26 March 2020).
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NSW
Jobs boost through fast-tracked planning system
The NSW Government will cut red tape and fast-track
planning processes to keep people in jobs and the construction
industry moving throughout the COVID-19 crisis (03 April 2020).
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Construction hours extended to support industry during
COVID-19
Construction sites can now operate on weekends and public
holidays under new rules introduced by the NSW Government to
support the industry during the COVID-19 pandemic (02 April 2020).
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Planning rules relaxed for food trucks and 'dark
kitchens'
Food trucks and 'dark kitchens' are now easier to
set up and operate, thanks to new planning rules in response to the
COVID-19 crisis (02 April 2020).
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Supermarkets and pharmacies now able to operate
24/7
Supermarkets and pharmacies will be able to operate around
the clock in NSW to guarantee communities have access to essential
goods at all times during the COVID-19 pandemic (25 March 2020).
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e-Planning to become mandatory from July
The NSW government says e-planning will transform the
planning system. From July 1 councils and Principal Certifying
Authorities (PCAs) in metropolitan areas will have
to start accepting and processing DAs, complying development
certificates and post-consent certificates via the NSW Planning
Portal (22 March 2020).
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Victoria
Construction hours extended in response to
COVID-19
The City of Melbourne will temporarily adjust the
management of construction activity in certain cases in the
municipality in a bid to fast-track construction projects, save
jobs and help limit the economic impact of COVID-19 (02 April
2020).
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Peter Devitt's luxury Muse get green light, planning
appeal rejected
Work is underway on Peter Devitt's luxury Muse
apartment complex on St Kilda Road after it received a green light
from Victoria's planning tribunal (01 April 2020).
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Misuse of EPA logo leads to conviction and fine
An asbestos removal company has been convicted and fined
for misusing the logo of Environment Protection Authority Victoria
(EPA) on its business stationery and website. The
EPA is prepared to take decisive action against any person who
falsely suggests an affiliation with EPA (27 March 2020).
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Melbourne's Top 15 Major Development Projects
Despite the crippling economic impacts of the recent
coronavirus outbreak and the uncertainty hanging over the
nation's property sector, Melbourne remains the midst of a
development boom (26 March 2020).
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Big fine for illegal burn
Environment Protection Authority Victoria
(EPA) says that courts are increasingly prepared
to convict companies and directors who are first time environmental
offenders after a decision was handed (26 March 2020).
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In practice and courts
New NatHERS certificate to be rolled out by 30 April
2020
A new NatHERS certificate will soon come into use as
software tools transition to Chenath Engine version 3.21.The new
NatHERS certificate has been developed after significant
consultation with industry users and will replace the previous
"universal certificate" for all new assessments from 1
May 2020.
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NSW
Land and Environment Court: Changes in Registry filing
procedures
From Tuesday 24 March 2020, the counter of the LEC
Registry will not be personally attended by Registry staff. All
documents should be filed by Online Registry, DX, post or courier,
as previously advised.
Land and Environment Court: Telephone and Audio Visual
Link Conferencing Protocol
The Court has issued a Protocol for using audio link and
audio visual link at the Land and Environment Court (24 March
2020).
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Department of Planning, Industry and Environment: Our
COVID-19 response - New changes
On 25 March 2020, the NSW Government introduced the
COVID-19 Legislation Amendment (Emergency Measures) Bill 2020,
which made changes to the Environmental Planning and Assessment Act
1979. The changes allow the Minister for Planning and Public Spaces
to make an order for development to be carried out without the
normal planning approval during the COVID-19 pandemic. The list of
Ministerial orders currently in force is below.
Physical copies of planning documents no longer
required
The
COVID-19 Legislation Amendment (Emergency Measures) Bill 2020
removed the requirement for planning decision makers (such as
councils) to display physical copies of some documents. These
documents will now be available online via the NSW Planning
Portal . Digital documents include development applications,
Environmental Impact Statements on exhibition, registers of
development consents, complying development certificates and
construction certificates. Current exhibition periods will be
unaffected
Supporting supermarket deliveries
The State
Environmental Planning Policy (COVID-19 Response) allows
supermarkets and other retail outlets across the State to receive
deliveries 24 hours a day. The policy overrides local planning
restrictions that limit the timing and frequency of truck
deliveries to ensure consistent supply of essential goods to
communities right across the State.
New orders
Retail trading and operating hours and waste
disposal
The Minister for Planning and Public Spaces made the Environmental
Planning and Assessment (COVID-19
Development – Extended Operation) Order 2020 on 25 March
2020.
The order allows for retail premises such as supermarkets,
pharmacies and corner stores to operate 24 hours per day. Retailers
that are part of hotels and motels are now also able to provide
food and beverages 24 hours per day to people using their
accommodation to consume in their rooms. When operating outside the
usual hours of operation, retailers must take steps to reduce
noise.
Home businesses operating hours
The Minister for Planning and Public Spaces made the Environmental
Planning and Assessment (COVID-19
Development – Extended Operation) Order 2020 on 25 March
2020.
The order allows home businesses to operate 24 hours per day and to
employ more than two people other than the permanent residents of
the dwelling. All other conditions still apply, and home businesses
must take steps to ensure that they have no adverse impact on the
amenity of the neighbourhood including noise, smell, fumes or waste
products.
Office of Registrar General: Schedule of release of
residual documents
This schedule provides information on what dealings will
be available electronically in May 2020.
More...
Victoria
Integrating Environment Protection Reforms in Response
to the new Environment Protection Act 2017
Consultation on draft changes to the Victoria Planning
Provisions and Ministerial Direction No 1 begins on Friday 3 April
2020. You are invited to view draft documents and make a submission
by Tuesday 5 May 2020 on Engage Victoria. The documents include an
amended State policy for contaminated land, Environmental Audit
Overlay and Ministerial Direction Potentially Contaminated Land (03
April 2020).
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Extension on Non-Critical VCAT Adjournments
VCAT has extended the adjournment of all non-critical
matters up to and including 15 May 2020 to a date to be fixed. VCAT
appreciates the uncertainty this decision will cause a lot of our
stakeholders. We are still accepting all relevant matters and will
contact you to discuss potential hearing dates (03 April 2020).
More...
Consumer Affairs Victoria: Know your rights as Victoria
adapts to coronavirus (COVID-19) - News alert
The situation is frequently changing and Victorians
understandably have many questions. In response to increased
enquiries, Consumer Affairs Victoria has compiled information about
how the pandemic affects areas we regulate.
A new page at consumer.vic.gov.au/coronavirusandrights
covers: evictions; renters in crisis; inspections and auctions;
owners corporation annual general meetings; products and services;
price gouging and resellers; event cancellations and refunds;
sports memberships; scams relating to coronavirus
(COVID-19) (25 March 2020).
More...
Cases
NSW
Warnervale Employment Zone Pty Ltd v Central Coast
Council [2020] NSWLEC 1139
DEVELOPMENT APPLICATION – construction of a two
storey warehouse including landscaping works and at-grade parking
for 96 cars and use as a distribution centre – no expert
evidence filed by applicant – no owners consent for works to
provide vehicular access to the site on adjoining property –
the proposal is designated development – insufficient
information to determine whether the land is contaminated –
leave refused to amend the application
Sybele Christopher v Mosman Council
[2020] NSWLEC 1140
DEVELOPMENT APPLICATION – dwelling house –
clause 4.6 variations for wall height and minimum lot size –
view impacts – minor boundary adjustment (subdivision)
– objections
Celesteem Rouse Hill Development v Blacktown City
Council [2020] NSWLEC 1137
DEVELOPMENT APPLICATION – subdivision into 3
lots to reflect uses in different zones – further subdivision
of residential land for attached dwellings on Torrens title lots
– required road reserve width – impacts of roads, paths
and temporary basin in RE1 (recreational) land – requirement
for turning circles on incomplete roads – treatment of
interface lots
Victoria
Manor Central Nominees Pty Ltd & Anor v Wyndham
City Council [2020] VSC 151
PRACTICE AND PROCEDURE – Waiver of client legal
privilege – whether party acted in a way that is inconsistent
with its objection to disclosure pursuant to s 122 of the Evidence
Act 2008 (Vic)
Lei & Li Pty Ltd v Boroondara CC
[2020] VCAT 444
Section 77 of the Planning and Environment Act 1987;
Boroondara Planning Scheme; Neighbourhood Residential Zone;
neighbourhood character; building design; building setbacks;
building form; space for landscaping; residential amenity.
DAA Administration Pty Ltd v Port Phillip
CC [2020] VCAT 434
Construction of a veranda structure, storage room and
stair core to the existing roof terrace.
Application under section 80 of the Planning and Environment Act
1987 – to review the conditions contained in the permit.
ResP103 Pty Ltd v Kingston CC
[2020] VCAT 425
Section 77 of the Planning and Environment Act 1987,
Kingston planning scheme, Neighbourhood character, Landscaping and
tree retention, Overshadowing
Legislation
Telecommunications
(Low-impact Facilities) (Temporary Facilities) Amendment
Determination 2020
01/04/2020 - (Low-impact Facilities) Determination
2018 to include additional types of facilities which can be
deployed under Schedule 3 to the Telecommunications Act 1997.
Specifically, it provides that temporary facilities, including
temporary towers, can be deployed in certain circumstances. The
amendments also clarify that a radiocommunications facility can
consist of one or more antenna.
Legislation
(Building Energy Efficiency Disclosure Instruments) Sunset-altering
Declaration 2020
27/03/2020 - This instrument aligns the sunsetting
date of the Building Energy Efficiency Disclosure Regulations 2010,
the Building Energy Efficiency Disclosure Determination 2016 and
the Building Energy Efficiency Disclosure (Disclosure Affected
Buildings) Determination 2016 to 1 October 2025.
NSW
Telecommunications
(Low-impact Facilities) (Temporary Facilities) Amendment
Determination 2020
01/04/2020 - (Low-impact Facilities) Determination
2018 to include additional types of facilities which can be
deployed under Schedule 3 to the Telecommunications Act 1997.
Specifically, it provides that temporary facilities, including
temporary towers, can be deployed in certain circumstances. The
amendments also clarify that a radiocommunications facility can
consist of one or more antenna.
Legislation
(Building Energy Efficiency Disclosure Instruments) Sunset-altering
Declaration 2020
27/03/2020 - This instrument aligns the sunsetting
date of the Building Energy Efficiency Disclosure Regulations 2010,
the Building Energy Efficiency Disclosure Determination 2016 and
the Building Energy Efficiency Disclosure (Disclosure Affected
Buildings) Determination 2016 to 1 October 2025.
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.