In the media
Pandemic may pave way for better urban planning
How we plan and develop urban areas, build infrastructure
and respond to the needs of growing populations are factors
determining the long-term prosperity of cities and people,
according to the United Nations' latest sustainable development
goals report (31 July 2020).
More...
Fires a 'wildlife disaster' that killed or
displaced 3 billion animals
Almost three billion animals may have been killed or
displaced during last summer's bushfire season, which experts
say was "one of the worst wildlife disasters in modern
history". The estimate, contained in new research commissioned
by the World Wide Fund for Nature, reveals the devastating extent
of the catastrophic fires on native animals (28 July 2020).
More...
Victoria
NE Water seeks EPA works approval
Environment Protection Authority Victoria
(EPA) is assessing a works approval application
from North East Water Corporation for a proposed upgrade to the
current Benalla Wastewater Treatment Plant (05 August 2020).
More...
Postwar buildings recommended for heritage
protection
Some of Melbourne's most important places and
precincts could receive permanent heritage protection following a
review by the City of Melbourne (31 July 2020).
More...
Victorian Ombudsman backs road authorities'
'good faith' efforts on sacred tree project
Victorian Ombudsman Deborah Glass finds the
Government's response over protecting sacred trees on the
Western Highway project were legally sound (31 July 2020).
More...
Supporting Melbourne communities, shopping strips and
jobs
Communities in Melbourne will benefit from improved
suburban activity centres and shopping strips through works backed
by the Victorian Government that will create jobs and boost local
businesses. Eligible projects include pop-up parks, public art
installations and enhanced walking and bike paths (30 July 2020).
More...
City weighs tighter heritage protection for over 100
buildings
Hoyts Mid City Cinemas, the former MLC building and one of
Melbourne's first 'glass boxes' are among dozens of
postwar buildings which could come under tighter heritage controls
(30 July 2020).
More...
Fight over sacred trees on Western Highway cost $60m,
watchdog says
Taxpayers have paid up to $60.million in delay fees on the
Western Highway project, brought to a halt by traditional land
owners and sacred trees (30 July 2020).
More...
To restore our cities' rivers, we need to decolonise
the law reform process
The Yarra Birrarung's bicultural model recognises the
Yarra (Birrarung) corridor in Melbourne as a "living"
natural entity of bicultural character: both traditional owner and
settler-Australia (30 July 2020).
More...
Cheaper energy for Embedded Network customers
Victorians living in embedded networks, such as apartment
buildings, caravan parks and retirement villages, will now save
hundreds of dollars on their energy bills thanks to reforms
introduced by the Victorian Government (28 July 2020).
More...
More of Melbourne's exceptional trees to be
protected
The City of Melbourne will seek protection for more than
100 trees on private property through its Exceptional Tree
Register. Planning portfolio Chair, Councillor Nicholas Reece, said
the City of Melbourne will progress the protections through the
Melbourne Planning Scheme (27 July 2020).
More...
Making it easier for renters to get solar panels
The Victorian Government has expanded the Solar Homes
program so more renters and landlords across the state can access
affordable rooftop energy with a Solar Homes rebate (27 July 2020).
More...
V-Leader's 40-storey stacked skyscraper gets
nod
Plans for a 40-storey "stacked tower'' on the
corner of Lonsdale and King Streets in the west end of
Melbourne's CBD will move ahead after receiving development
approval (24 July 2020).
More...
NSW
NSW first in Australia measuring floodplain
harvesting
The Floodplain Harvesting Measurement Policy outlines how
floodplain harvesting will be measured and monitored, in
preparation for issuing floodplain harvesting access licences in
2021 (06 August 2020).
More...
$250 million boost for public spaces
Councils across NSW will have the opportunity to deliver
new and improved public spaces for their local communities thanks
to a $250 million program, as part of the NSW Government's
COVID-19 Recovery Plan (05 August 2020).
More...
Controversial NSW mine expansion plan scaled back over
subsidence concerns
Significant changes to the expansion plan for Tahmoor
mine, in the southern coalfields of New South Wales, have been
revealed in a bid to ease community concerns about subsidence (02
August 2020).
More...
Caustic soda discharge costs Lithgow City Council
$543,000 after EPA action
Lithgow City Council has entered into an Enforceable
Undertaking with the NSW Environment Protection Authority
(EPA) to improve its environmental performance
after up to 13,000 litres of highly corrosive caustic soda escaped
from a sewage treatment plant (30 July 2020).
More...
Queensland
Future cruise ship terminal at Gold Coast's The Spit
in doubt amid 'challenging' economy
Queensland's Treasurer has cast doubt over whether the
Gold Coast will ever have a cruise ship terminal that sees
passengers disembarking at The Spit (02 August 2020).
More...
$1.2 billion of essential infrastructure on track for
Greater Flagstone and Yarrabilba
First flow through the new $53.7 million environmentally
sustainable wastewater treatment plant took place at Cedar Grove to
service the Greater Flagstone Priority Development Area
(PDA) (31 July 2020).
More...
Burleigh Heads twin 22-storey towers approved
Two 22-storey towers have been approved in Burleigh Heads
at the southern end of the Gold Coast, backed by developer Nielson
Properties (29 July 2020).
More...
Sekisui House lodges plans for West End office
Sekisui House Australia has lodged plans for an
eight-storey, subtropical-inspired office building in West End.The
Osaka-based developers have made a series of applications at 111
Boundary Street in recent months, equating to a combined gross
floor area of 8,833sq m (27 July 2020).
More...
In Practice and Courts
Proposed new development for South Brisbane: 'Urban
Forest' or Greenwash?
Posted by Jan Bowman, Aug 1, 2020 , Community News,
Feature
The publicity material for the Aria Property Group's latest
development proposal in South Brisbane has been echoed, without
criticism, by The Courier Mail, Westend Magazine, The Brisbane
Times and by a range of property and development news sites]. The
proposal is referred to variously in news articles as, the
'world's greenest residential building, a vertical forest,
an urban park, and a backyard in the sky.
More...
Commonwealth's plan for delivering water for the
environment released
The Commonwealth Environmental Water Office has released
its Water Management Plan for 2020-21. The Plan scopes how water
for the environment will be used in the coming year to help keep
rivers and wetlands across the Murray-Darling Basin healthy (05
August 2020).
More...
EPBC Act major projects
The Australian Government is working with the states and
territories to fast-track approval of 15 major projects (24 July
2020). More...
Industry update on export ban of waste glass
The export ban on waste glass will now commence on 1
January 2021.
More...
Victoria
Amendment Tracking System (ATS) upgrade
An upgrade is scheduled to occur commencing 7 August 2020
and run across the weekend. This upgrade requires a full outage of
the ATS Tracking and ATS Authoring systems and no amendments can be
processed during this time. If you have any questions or would like
further information regarding this upgrade please contact Planning
Support via email (30 July
2020).
Final reminder for all Councils to submit data on native
vegetation removal across Victoria to DELWP
DELWP has committed to report annually on native
vegetation removed and offset under Clause 52.16 and 52.17 of all
Victorian planning schemes. To do this, DELWP needs councils to
provide permit numbers and native vegetation report ID numbers, as
well as details about offset sites protected under s173 agreements.
Please send data for permits granted (or offsets established)
during the 2019/2020 financial year here by
7 August 2020.
Melbourne Airport Environs Safeguarding Standing
Advisory Committee
The Melbourne Airport Environs Safeguarding Standing Advisory
Committee is currently seeking submissions to advise the
Minister for Planning on improvements to the planning provisions
safeguarding Melbourne Airport and its environs. Submissions are
also welcome on improvements to planning provisions that may help
safeguard other airport environs in Victoria.
More...
City of Melbourne Public notice: Notice of proposed
lease of the premises known as Kensington Community High
School
Notice is given that the Melbourne City Council proposes
to enter into a lease with The Minister of Education of the
premises known as Kensington Community High School at the corner of
Racecourse and Smithfield Roads, Kensington for the purposes of
Education purposes and associated activities. Written submissions
close on 13 August 2020.
More...
SRO: Australian HomeBuilder Grant - assess your
eligibility and prepare for your application
The online portal will be available shortly, but in the
meantime access our HomeBuilder
Grant guidelines to check the eligibility criteria and find out
what supporting documents you need to prepare for your application.
The Australian Government also has a detailed Frequently
Asked Questions document on its Treasury website that is being
updated regularly, which you should also read (27 July 2020).
Golf course redevelopment standing advisory committee
– Part 1 report and finalised planning guidelines for the
conversion of golf course land to other purposes
The
Part 1 Report is now available. Following consideration of the
Golf Course Redevelopment Standing Advisory Committee's Part 1
Report, the Minister for Planning has released the
Planning Guidelines for the Conversion of Golf Course Land to Other
Purposes.They set clear expectations for all
stakeholders, including the community, about how golf course land
should be redeveloped. Stage 2 Workshops now October 2020. The new
Ministerial Direction 21 Golf Course Redevelopment directs
planning authorities preparing an amendment to a planning scheme to
enable the redevelopment of a golf course to have regard to the
guidelines and include in the explanatory report for the amendment
an explanation of how the amendment addresses the guidelines.
Code of Conduct for Building Surveyors
State Building Surveyor - The code clearly sets out
examples of inappropriate conduct and establishes eight key areas
of professional conduct that building surveyors in Victoria must
follow. The building surveyor code commences on 1 January 2021.
More...
New Environment Protection Act postponed to July
2021
The legislation has been postponed and is intended to
commence on 1 July 2021. On that basis, EPA will continue to
regulate under the Environment Protection Act 1970, including all
existing subordinate legislation (Regulations and statutory
policies including state environment protection policies and waste
management policies) until the new commencement date.
More...
Consumer Affairs: Estate Agents (Education) Interim
Regulations 2019 - Legislation update
The Estate Agents (Education) Interim Regulations 2019
(Interim Regulations) will remain in force until
22 October 2020. A public consultation on the new regulations will
take place in the first half of 2020.
More...
NSW
NSW Land and Environment Court
31 July 2020: 2019 Annual Review
The Court's Annual Review for 2019 is now available.
More...
Consultation: 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 close on 20 August 2020.
More...
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. More...
NSW Revenue: Stamp duty changes for first home
buyers
The NSW Government has announced that the threshold above
which transfer (stamp) duty is charged on new homes for first home
buyers will increase from the current $650,000 to $800,000, with
the concession reducing on higher values before phasing out at $1
million. The new transfer (stamp) duty threshold will be in place
for 12 months and will apply to contracts executed from 1 August
2020 to 31 July 2021 (26 July 2020). More...
NSW Revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers
(including first home buyers) with a grant of $25,000 to build a
new home or substantially renovate an existing home where the
contract is signed between 4 June 2020 and 31 December 2020.
Construction must commence within three months of the contract
date.
More...
NSW Revenue Reminder: COVID-19 (coronavirus) and parking
space levy
As part of the NSW COVID-19 stage two economic package,
the NSW Government has deferred parking space levy
(PSL) payments from the end of March for six
months until 30 September 2020, to provide cash flow relief to
businesses.
More...
NSW Planning Department: Have your say - Draft plans and policies
Proposed natural disasters clause
Notification start-end date 04/08/2020 - 31/08/2020. The
Department is seeking your feedback on a proposed clause for the
Standard Instrument LEP that will support better and quicker
rebuilds of dwellings following natural disasters.
More...
ISEPP amendment – Wild Dog Fence
Notification start-end date 03/08/2020 - 30/08/2020. The
department has developed a proposed amendment to the State
Environmental Planning Policy (Infrastructure) 2007 to clarify and
streamline the planning assessment for the extension and
maintenance of the Wild Dog Fence. More...
Proposed new Housing Diversity SEPP explanation of
intended effect
Notification start-end date 29/07/2020 - 09/09/2020. Have
your say on a proposed new policy that aims to facilitate the
delivery of diverse and affordable housing to meet the needs of the
State's growing population and support the development of a
build-to-rent sector.
More...
Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020. 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.
Current LEP Proposals from 27 July 2020
Inclusion of 'artisan food and drink industry' in various
Land Use Tables.
Queensland
Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
More...
PCA Submission Update
The Property Council have provided the following
correspondences to government regarding a Public Transport holiday
to promote activity within the CBD and Postponing the SEQ City
Deal. To read the joint letter from the Property Council, National
Retail Association and Queensland Hotel Association, please click
here (24 July 2020).
More...
Have your say: Planning support measures
We are consulting on proposed changes to the Development
Assessment Rules (DA Rules), Minister's
Guidelines and Rules (MGR) and the Planning
Regulation 2017. You can have your say on the DA Rules, MGR and the
Planning Regulation (economic recovery initiatives) until 7 August
2020.
More...
Reminder: Planning legislation amendment
The additional time provided through the extension notice
applies to development approvals in effect on 8 July 2020 or which
come into effect between 8 July 2020 and 31 October 2020. For
example, a development approval that would have ordinarily lapsed
on 1 August 2020 now won't lapse until 1 February 2021.
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.
More...
Queensland Government Consultations
New or expanded cropping
The Queensland Government will defer the commencement of
the new or expanded commercial cropping and horticulture activities
requirement (ERA 13A), under the Reef protection
regulations until 1 June 2021. The deferment is in direct response
to COVID-19 (coronavirus) and ensures the
agricultural community has a suitable amount of time to prepare for
the changes.
More...
Cases
Victoria
Planning & Design Pty Ltd v Moreland
CC [2020] VCAT 816
Three attached double storey dwellings; Streetscape
presentation; Crossovers; Landscaping; Energy efficiency and
internal amenity. No permit
Malcolm Mount Waverley Pty Ltd v Monash
CC [2020] VCAT 684
Monash Planning Scheme; Application under section 77 of
the Planning and Environment Act 1987; GRZ2; Proposal for six
2-storey dwellings; Neighbourhood character; On-site amenity. No
permit
Banriar Investments Pty Ltd v Cardinia SC
[2020] VCAT 800
Cardinia Planning Scheme; Urban Growth Zone, Schedule 3;
General Residential Zone; Application for subdivision; Removal of
restrictive covenants; Material detriment.
Donald v Knox CC [2020] VCAT
747
Application under section 77 of the Planning and
Environment Act 1987 – to review the refusal to grant a
permit.
Paritsi v Banyule CC [2020] VCAT
801
Section 77 of the Planning and Environment Act 1987;
Banyule Planning Scheme; General Residential Zone (Schedule 2);
neighbourhood character; side by side building form; sloping site;
building bulk; availability of land for landscaping; landscape
response; separate driveways; residential amenity.
Azzopardi v Macedon Ranges SC [2020]
VCAT 790
Section 77 of the Planning and Environment Act 1987;
Macedon Ranges Planning Scheme; Farming Zone; Environmental
Significance Overlay - Schedule 4; Lot less than 40 hectares;
Dwelling and outbuilding.
Breaz v Wyndham CC [2020] VCAT
784
Section 82 Planning and Environment Act 1987, Section
126 Victorian Civil and Administrative Tribunal Act 1998,
consideration to extend the time to lodge review application,
procedural fairness, natural justice, neighbourhood character,
overlooking, overshadowing, building over easement.
Kitchen v Melbourne CC [2020] VCAT
777
Section 87A of the Planning and Environment Act 1987;
Melbourne Planning Scheme; Extension to existing dwelling; Roof top
terrace; Impacts on amenity of adjoining properties
Damian Orlando Design Pty Ltd v Stonnington
CC [2020] VCAT 791
Construction of a dwelling on a lot less than 500 square
metres in a Neighbourhood Residential Zone and Neighbourhood
Character Overlay. Application under section 80 of the Planning and
Environment Act 1987 – to review three conditions 1(a), 1(b),
and 4(b)(i) contained in the permit.
Lai v Beilin (Owners Corporations)
[2020] VCAT 771
Owners Corporation Act 2006; allegation by three lot
owners that by replacing their front fence without the approval of
the Owners Corporation, the fourth lot owner had breached Model
Rule 5.2; whether a lot owner in lieu of the Owners Corporation,
can bring an action against another lot to enforce the Model Rules;
whether only the Owners Corporation can apply to VCAT under s153 of
the Act requiring a lot owner to rectify an alleged breach of the
Act, the Regulations or the Rules of the Owners Corporation.
Dismissed
Philips Auto Electrical Supplies PL v Brimbank
CC [2020] VCAT 798
S82 review of decision to Grant a permit to amend the use
and a reduction in the carking required.
WCL Development v Greater Dandenong CC
[2020] VCAT 795
Greater Dandenong Planning Scheme; land within the
incremental change area and the General Residential Zone Schedule 3
in the Greater Dandenong Planning Scheme; three storey development
in Noble Park.
Rawani v Greater Dandenong CC [2020]
VCAT 781
Section 77 of the Planning and Environment Act 1987;
General Residential Zone; Proposed development of four dwellings;
Neighbourhood character; Internal amenity. No permit
NSW
Zoro Developments Pty Ltd v Northern Beaches
Council [2020] NSWLEC 1349
APPEAL – development control order – stop
works order – development not carried out in accordance with
construction certificate – risk of land slippage – how
discretion should be exercised in the circumstances
Huajun Investments Pty Ltd v City of Canada Bay
Council [2020] NSWLEC 108
COSTS - application for costs of complete Class 1
merit proceedings - Applicant in merit proceedings unsuccessful on
jurisdictional as well as merit grounds - whether failure on
jurisdictional grounds provided a basis for concluding that it was
fair and reasonable to award costs to the opposing party who
successfully pressed the jurisdictional grounds - Applicant on
notice as a consequence of Court of Appeal proceedings of two of
the jurisdictional grounds said to be bars to approval of the
Applicant's proposed development - basis for pursuing the merit
appeal unarguable on two foreshadowed jurisdictional grounds -
general costs application in Class 1 merit proceedings
appropriately brought - fair and reasonable to Second Respondent
its costs for the whole proceedings - Applicant to pay Second
Respondent's costs of the Class 1 proceedings
COSTS - application for costs thrown away by Second Respondent as a
consequence of amendments to the proposed development that were not
minor - Second Respondent took lead role before the Acting
Registrar on the issue of whether the proposed amendments were
minor - appropriate that the Second Respondent receive its costs
thrown away as a consequence of those amendments
COSTS - costs of the costs application - costs ordinarily follow
the event for costs applications in Class 1 merit proceedings -
appropriate that the costs Applicant be awarded its costs of the
costs application
Scully v Hornsby Shire Council
[2020] NSWLEC 1347
DEVELOPMENT APPLICATION – Torrens title
subdivision – stormwater infrastructure – tree
protection – biodiversity conservation
Buman v Newcastle City Council
[2020] NSWLEC 1321
DEVELOPMENT APPLICATION – extend of development
for which consent is sought – characterisation of existing
approvals – boarding house use – new buildings –
compliance with development standards – compliance with car
parking – compliance with amenity standards – extent of
building code upgrade works required – timing of the
consideration and assessment of building code upgrade works –
appropriate conditions of consent – directions
Sardi v Central Coast Council
[2020] NSWLEC 1348
NOTICE OF MOTION – application to amend
Respondent's statement of facts and contentions –
vacation of hearing dates – procedural fairness to Applicant
– late identification of potentially contaminated material on
subject site
Hypro (Aust) Pty Ltd v Environment Protection
Authority [2020] NSWLEC 106
ENVIRONMENT AND PLANNING – environment
protection licence – premises-based scheduled activity
– pet food manufacture – whether scheduled activity of
"general animal products production" – meaning of
– activity does not require slaughter of animals to occur in
the plant on the premises – activity does require manufacture
of products derived from activity of slaughtering animals –
applicant's pet food manufacturing not "general animal
products production"
Coppock v Secretary, Department of Planning and
Environment [2020] NSWCATOD 89
APPEAL – misconduct of local government
councillor – disciplinary action by Departmental Chief
Executive – preparation of departmental report
Modog Pty Ltd v North Sydney Council
[2020] NSWLEC 1342
DEVELOPMENT APPLICATION – demolition of a
heritage item and construction of a new dwelling –
conflicting assessments of significance of the item –
suitability of the replacement dwelling agreed – whether the
demolition of the existing dwelling will have an unacceptable
impact on the heritage significance
Kim v City of Ryde Council [2020]
NSWLEC 1340
DEVELOPMENT APPLICATION – change of use –
suitability of the site for the development – objectives of
the B1 Neighbourhood Centre zone – weight given to resident
submissions
Northern Beaches Council v Tolucy Pty Ltd
[2020] NSWLEC 76
APPEAL - appeal against Commissioner's judgment on
questions of law (Grounds 1 to 4 - the bushfire grounds) - whether
the Commissioner prejudged bushfire matters required to be
considered by virtue of cl 27(2)(h) of State Environmental Planning
Policy (Housing for Seniors or People with a Disability) 2004
(the SEPP) (Ground 1) - in the alternative,
whether the Commissioner failed to consider relevant matters
required by cl 27(2)(h) of the SEPP (Ground 2) - whether the
Commissioner denied the Council procedural fairness by accepting
bushfire evidence from the Company only and not giving the Council
the opportunity to be heard concerning it (Ground 3) - whether the
Commissioner failed to give reasons for granting approval despite
insufficient evidence on bushfire issues (Ground 4) - Ground 1
upheld rendering it unnecessary to determine Ground 2 - Ground 3
not established - Ground 4 upheld APPEAL - appeal against
Commissioner's judgment on questions of law (Ground 5) -
whether the Commissioner failed to address relevant mandated
matters concerning (i) access to facilities and services vis
appropriate pedestrian and public transport facilities and (ii)
failed to consider relevant contextual building design matters -
(i) dealt with through subsequent ground - complaint in (ii) not
established - Ground 5 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 6) - whether the Commissioner erred in concluding he
could be satisfied, on the basis of written evidence, that required
services would be available to residents of the self-care units -
consideration of what might constitute satisfactory written
evidence - no error established - Ground 6 rejected APPEAL - appeal
against Commissioner's judgment on questions of law (Ground 7)
- whether the Commissioner erred in concluding that required
minibuses would be available from the time the first occupants of
the development took up residence - meaning of words in a condition
of consent that buses be available for "the life of the
development" – "life of the development" can
only commence with issuing of an occupation certificate - residents
not permitted to occupy prior to such a certificate - buses
therefore required to be available from time first residents take
up occupation - Ground 7 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 8) - whether the Commissioner adequately considered
matters of character and contextual fit of the proposed development
in its locality - whether the Commissioner inappropriately relied
on the Site Compatibility Certificate in lieu of undertaking the
assessment mandated by s 4.15 of the Environmental Planning and
Assessment Act 1979 - no error disclosed - Ground 8 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 9) - whether the Commissioner misapplied test in cl 26
of the SEPP - Commissioner's conclusion based on acceptance of
the evidence of the Respondent's expert town planner on the
underlying objective of the clause - evidence not challenged by
Council's expert - position consistent with the formulation of
the underlying objective of the clause adopted the Senior
Commissioner in an earlier case - this issue not pressed by Council
in submissions to the Commissioner - Ground 9 rejected
APPEAL - appeal against Commissioner's judgment on questions of
law (Ground 10) - whether the Commissioner erred in concluding that
the specific provisions of cl 43 of the SEPP ousted the general
provisions of cl 26 - both clauses capable of satisfaction - cl 4.6
process in Warringah Local Environmental Plan 2011 provides
mechanism for seeking to avoid compliance with the general
provisions - cl 26 not ousted - Ground 10 upheld
REMITTER - should the appeal be remitted or should it be dismissed
- if remitted, should remitter be exclusionary - appeal should not
be dismissed - appeal is against Commissioner's decision to
grant consent to proposed development - approach adopted by Preston
CJ in Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC
41 appropriate to be followed and matter remitted not dismissed -
finding in Ground 1 warrants exclusionary emitter
COSTS - presumption that costs follow the event - Council
successful in appeal but not on the majority of grounds pleaded -
costs to follow the event unless Respondent seeks to be heard to
propose some alternative costs order
Harrison v Woollahra Municipal Council
[2020] NSWLEC 1341
MODIFICATION APPLICATION – proposed deletion of
condition of consent – whether application is compliant with
control C4 of clause 1.4.5 of Woollahra DCP – whether
application achieves the objects of control C4 of clause 1.4.5 of
Woollahra DCP
Denoci Pty Ltd v Liverpool City Council
[2020] NSWLEC 102
APPEAL - appeal against Commissioner's decision on
questions of law – whether misconstruction of the proposed
development and land on which it was to be carried out–
whether the species impact statement failed to comply with Chief
Executive's requirements – whether misconstruction and
misapplication of cl 7.6 of Liverpool Local Environmental Plan
(LLEP) – whether misconstruction of term
'environmentally sensitive area' in cl 7.31
LLEP – whether failure to give reasons – whether denial
of procedural fairness – whether misconstruction and
misapplication of fifth control in Liverpool Development Control
Plan – whether misapplication of statutory test in s 4.15(3A)
of the Environmental Planning and Assessment Act 1979 –
whether failure to consider proposed offsets through purchase of
biodiversity credits from registered biobank sites – no
errors of law
Ryan v Northern Regional Planning Panel
(No 5) [2020] NSWLEC 101
COSTS – exercise of discretion to award costs
where Applicant partially successful in judicial review and civil
enforcement proceedings on one of three grounds – three
interlocutory injunction applications unsuccessful – numerous
amendments of summons resulting in removal of several grounds
before the hearing
Made Property Group Pty Limited v North Sydney
Council [2020] NSWLEC 1332
DEVELOPMENT APPLICATION – proposed residential
flat building – applicant has the benefit of existing use
rights – applicant proposes a breach of height of buildings
development standard – whether height of buildings
development standard derogates from incorporated provisions –
whether applicant requires a written request under cl 4.6 of North
Sydney Local Environmental Plan to vary development standard
– whether the applicant's written request under cl 4.6 of
North Sydney Local Environmental Plan is well founded –
whether potential impacts of the proposed residential flat building
are acceptable – whether the proposed residential flat
building complies with the provisions of North Sydney Development
Control Plan
Assurance Holdings No. 3 Pty Ltd v Wollongong City
Council [2020] NSWLEC 1329
DEVELOPMENT APPLICATION – conciliation
conference – agreement between the parties – exceedance
of the floor space ratio development standard
Queensland
Brennan v Brisbane City Council & Anor
[2020] QPEC 39
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION
– whether reconfiguring a lot in the Regional Landscape and
Rural Production Area is prohibited development
Acts Interpretation Act 1954 Qld; Integrated Planning Act 1997 Qld;
Planning Act 2016 Qld; Planning Regulation 2017 Qld
Silk Properties Australia Pty Ltd v Sunshine Coast Regional
Council & Anor [2020] QPEC 38
ENVIRONMENT AND PLANNING – ENVIRONMENTAL
PLANNING – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR
MATTERS – RESIDENTIAL – GENERALLY – where
development application lodged to subdivide subject lot into eight
lots – where the development proposal departs from
requirements of planning scheme – where relevant
considerations include strategic planning, character and amenity,
and public interest – whether development complies with
regional planning schemes – whether regional plan supports
the proposed development – whether inconsistency between
South East Queensland and Sunshine Coast planning schemes
Planning Act 2016 Qld s 45; Planning and Environment Court Act 2016
Qld s 8, s 37, s 43, s 45, s 46, s 47
Planning and Environment Court Rules 2018 Qld r 4; Uniform Civil
Procedure Rules 1999 Qld; ShapingSEQ: South East Queensland
Regional Plan 2017 Qld; South East Queensland Regional Plan 2009
Qld
Sunshine Coast Regional Council Planning Scheme 2014 Qld
Legislation
Greenhouse
and Energy Minimum Standards (Exemption) Instrument (No. 2)
2020
06/08/2020 - This instrument specifies models of
Greenhouse and Energy Minimum Standards (GEMS)
products that the GEMS Regulator has exempted from the requirements
of Schedule 2 of the Greenhouse and Energy Minimum Standards (Air
Conditioners up to 65kW) Determination 2019.
Victoria
Building and Environment Protection Legislation Amendment
Act 2020
Act Number: 3/2020 - Date of commencement: 28 July 2020,
Part 2 (sections 3 to 18), sections 19, 22, 24 to 30, 36,39, 41,
Part 5 (section 47) of this Act came into operation on 28 July 2020
(SG375 28.07.2020)
Victorian legislation can be accessed here
NSW
Environmental Planning Instruments
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) Amendment (Metropolitan Rural Areas Exemption)
2020
(2020-441) — published LW 29 July 2020
State
Environmental Planning Policy Amendment (Byron Filming)
2020
(2020-432) — published LW 29 July 2020
Bills introduced Non-Government
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) Amendment (Metropolitan Rural Areas Exemption)
2020
(2020-441) — published LW 29 July 2020
State
Environmental Planning Policy Amendment (Byron Filming)
2020
(2020-432) — published LW 29 July 2020
For the full text of Bills, and details on the passage of Bills, see Bills.
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