In the media
Planning rules 'silent' on major risks, bushfire
royal commission hears
Planning and property laws aren't fit to manage the
growing threats to property, the bushfire royal commission heard.
Housing regulations are particularly urgent given the large scale
rebuild required in the wake of the Black Summer fires, which
destroyed around 3000 homes between NSW, Victoria, South Australia
and Queensland (08 July 2020).
More...
$1 billion waste and recycling plan to transform waste
industry
The Morrison Government will commit $190 million to a new
Recycling Modernisation Fund that will generate $600 million of
recycling investment and drive a billion-dollar transformation of
Australia's waste and recycling capacity (06 July 2020).
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Environmental approval for Snowy Hydro 2.0
Australia's largest ever renewable energy project,
Snowy 2.0, has been given the green light to create thousands of
new jobs and put downward pressure on electricity prices (30 June
2020).
More...
Homebuilder grant: As construction dries up, NSW,
Victoria and Qld yet to sign on to scheme
The federal government is still to sign agreements with
the bigger states to deliver its $25,000 homebuilder subsidy scheme
nearly a month after its announcement. The actual delivery will be
via state agencies who must assess the applications to ensure they
are within the scheme rules (30 June 2020).
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NSW
Draft plan to shape Crown land for communities
The NSW Government is calling on the community to have
their say on how to manage the State's vast Crown land assets
now and into the future, with the draft State Strategic Plan
released for public feedback (09 July 2020).
More...
Have your say on contributions system reform
The NSW Government is undertaking a once in a generation
review into the State's infrastructure contributions system
with feedback now being invited on the NSW Productivity
Commissioners Issues Paper, which was released (08 July 2020).
More...
Man found guilty of delaying EPA officer during
investigation
A Sydney man has been convicted and sentenced after being
found guilty of wilfully delaying an authorised officer from the
NSW Environment Protection Authority (EPA) who was
investigating possible waste offences at a premises in western
Sydney (06 July 2020).
More...
Planning Panel reforms to boost construction
pipeline
Local and Regional Planning Panels have been streamlined
so they can better support the State's economic recovery while
maintaining their independence and integrity. The reforms will
ensure projects are not held up by unnecessary delays in the
assessment stage (03 July 2020).
More...
Contributions deferral to drive job creation
A Ministerial direction has been issued and changes made
to the Environmental Planning and Assessment Regulation 2000 that
will allow developers to pay all contributions prior to an
occupation certificate being issued, instead of up-front before
construction commences (03 July 2020).
More...
GANSW: Greener Places: An urban green infrastructure
design framework
The Government Architect of NSW has released Greener
Places, a design framework for urban green infrastructure. It
outlines four principles to help deliver green infrastructure in
NSW (30 June 2020).
More...
Queensland
Newspaper closures force planning law changes for
Queensland
The collapse of regional media has forced Queensland to
alter planning laws so developers no longer have to place public
notices for major developments in local newspapers. For years,
developers have been legally required to lodge formal notification
of developments in newspapers, in "hard-copy" form, but
now if a newspaper has gone digital developers may meet
requirements by publishing online (07 July 2020).
More...
Planning law changes to keep projects moving and
Queenslanders in jobs
Changes to Queensland's planning laws will allow
job-creating infrastructure projects to keep progressing across the
state during the COVID-19 pandemic (06 July 2020).
More...
Fast-tracked approvals a 'free run' for Brisbane
developers, says Labor
Brisbane City Council will fast-track development
applications for "minor changes" and domestic-level new
houses and alterations, sparking concern from opposition
councillors that developers will have a "free run" in the
city and face less public scrutiny (26 June 2020).
More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2020
NSW
Draft State Strategic Plan for Crown land
Crown land assets now and into the future, with the draft
State Strategic Plan released for public feedback. The community
will have the opportunity to provide feedback and participate in
consultation activities from, 9 July 2020 to 20 August 2020. See
the draft State Strategic Plan for Crown Lands here.
NSW Productivity Commissioners issues paper
Public feedback is now welcomed on whether the right
principles have been identified, which will inform the potential
reform options by the Commission. Stakeholders and the community
can provide feedback on the discussion questions in the Issues
Paper until 5 August 2020 (08 July 2020). More...
NSW Revenue: 2020 land tax COVID-19 relief -
guidelines
09 July 2020 - The NSW Government has introduced measures
to provide relief to commercial and residential landowners.
More...
Draft Greener Places design guide
The draft guide provides strategies, performance criteria
and recommendations to assist planning authorities, and design and
development communities to deliver green infrastructure. The draft
Greener Places Design Guide is now on exhibition, visit
the Planning Portal to have your say. The exhibition closes 7
August, 2020 (30 June 2020).
NSW Land and Environment Court
COVID-19 Pandemic Arrangements Policy
1 July 2020 - The COVID-19 Pandemic Arrangements Policy is
replaced by a new Policy effective from 8 July 2020. The new Policy
sets out arrangements for the staged return to face-to-face
attendances in Court and on-site.
More...
Court fee increase
1 July 2020- Effective 1 July 2020 the Civil Procedure
Amendment (Fees) Regulation 2020 and Criminal Procedure Amendment
(Fees) Regulation 2020 has increased the Court's fees by 1.5%.
The
fee schedule is now available.
Service NSW is currently trialling a pilot NSW strata
portal – your feedback is important
The Strata Portal is an online register that collects
information from strata schemes across NSW. It will become a
central and accessible point of critical information on the
state's strata schemes for citizens, regulators and owners (23
June 2020).
More...
NSW Planning Department: Have your say - Draft plans and policies
Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020
The Draft Greener Places Design Guide has been released for
consultation. The draft guide provides information on how to
design, plan and implement green infrastructure in urban areas
throughout NSW. More...
A housing strategy for NSW
Notification start-end date 15/06/2020 - 24/07/2020
A Discussion Paper has been prepared to seek feedback and form the
basis of a NSW Housing Strategy. The Strategy will take a
whole-of-government approach to meeting NSW's housing needs.
More...
Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020.
Queensland
COVID-19 Update on Courts, Commissions, Tribunals,
Property law
QLS will provide up to date information on our website
regarding the evolving COVID-19 situation and the response of the
Courts, Commissions, and Tribunals in Queensland (updated 09
July June 2020)
Extension or suspension of planning framework periods under the Act
-
Extension to timeframes for undertaking approved development.
More...
Queensland Planning Legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19.
Learn more Note Temporary use licence updated 08 July 2020.
Cases
NSW
Pastoral Investment Land & Loan Pty Ltd v Central
Coast Council [2020] NSWLEC
85
APPEAL - appeal against Commissioner's decision on
questions of law – dismissal of proceedings for want of
prosecution with due despatch under r 12.7 UCPR – whether
misdirection, misconstruction and misapplication of r 12.7 –
absence of assessment of significance of impacts on threated fauna
species – significance assessment not a jurisdictional fact
– absence of significance assessment not fatal to determining
development application – absence of significance assessment
did not delay proceedings – failure to consider and balance
prejudice to parties by dismissing or not dismissing proceedings
– whether denial of procedural fairness on summary dismissal
– failure to give fair opportunity to be heard before
dismissal – remitter of proceedings to Commissioner.
Marks v Perham (No 2) [2020] NSWLEC 84
ENVIRONMENT AND PLANNING – Land and Environment Court – practice and procedure – costs – tree dispute – whether order for costs fair and reasonable – no order as to costs.
Michael Brown Planning Strategies Pty Ltd v
Wingecarribee Shire Council [2020] NSWCA
137
ENVIRONMENT AND PLANNING – development application
– power to grant consent – local environmental plan
– requirement that proposed development "is
compatible" with the "flood hazard" of the land
– assessing compatibility at date of determining application
– whether future measures to ameliorate flood hazard relevant
– future measures not part of application –
Wingecarribee Local Environmental Plan 2010 (NSW), cl 7.9(3)(a)
STATUTORY INTERPRETATION – extrinsic materials –
dictionaries – usefulness of reliance on dictionaries in
statutory interpretation STATUTORY INTERPRETATION – immediate
context – consistency of operation – local
environmental plan – statutory precondition to granting
development consent – grammatical tense of clause –
requirement for contextual construction of clause.
EACT Pty Ltd v Canterbury-Bankstown
Council [2020] NSWLEC
1289
DEVELOPMENT APPLICATION – boarding house –
compatibility with character and streetscape – parking
provision with car share – bulk and scale –
accommodation room size – interpretation of a savings
provision.
El Cheikh v Liverpool City Council
[2020] NSWLEC 1281
DEVELOPMENT APPLICATION – shop top housing –
heritage conservation – State Environmental Planning Policy
(Sydney Region Growth Centres) 2006 - Appendix 8 Liverpool Growth
Centres Precinct Plan – initial more intense development in a
low density setting.
Mackenzie Architects International Pty Ltd v
Ku-ring-gai Council [2020] NSWLEC
1276
DEVELOPMENT APPLICATION – conciliation conference
– agreement between the parties – non-compliance with
development standards for floor space ratio, height of buildings
and site requirements for residential flat buildings.
Olumn Pty Limited v Randwick City Council
[2020] NSWLEC 1275
DEVELOPMENT APPLICATION – conciliation conference
– agreement between the parties – boarding house
development.
Munro v Inner West Council [2020]
NSWLEC 1240
DEVELOPMENT APPLICATION – heritage conservation area
– Birchgrove Distinctive Neighbourhood – building bulk,
form and scale – building location zone – view
loss.
Legislation
Amendment
to the list of threatened ecological communities under section 181
of the Environment Protection and Biodiversity Conservation Act
1999 (EC145)
08/07/2020 - This instrument amends the list of threatened
ecological communities by including in the list in the critically
endangered category the Elderslie Banksia Scrub Forest in the
Sydney Basin Bioregion.
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Occupation Certificates)
Regulation 2020 (2020-391) — published LW 8 July
2020
Environmental
Planning and Assessment Amendment (Modification of Consent)
Regulation 2020 (2020-367) — published LW 3 July
2020
Water
Management (General) Amendment (Metering Equipment) Regulation
2020 (2020-370) — published LW 1 July 2020
Environmental Planning Instruments
State
Environmental Planning Policy (Penrith Lakes Scheme) Amendment
(Miscellaneous) 2020 (2020-402) — published LW 10 July
2020
State
Environmental Planning Policy (Major Infrastructure Corridors)
2020 (2020-374) — published LW 3 July 2020
State
Environmental Planning Policy (State and Regional Development)
Amendment (Regional Panel Development Applications) 2020
(2020-375) — published LW 3 July 2020
For the full text of Bills, and details on the passage of Bills, see Bills.
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.