In the media
$250 million federal budget boost for Building Better
Regions Fund
The Morrison Government will earmark an additional $250
million for a sixth round of Building Better Regions Fund in next
week's federal budget. Deputy Prime Minister Michael McCormack
made the announcement in a speech at Rockhampton on Wednesday,
where he thanked local government for the job "you are doing
on behalf of your local communities" (07 April 2021).
More...
'Betterment the order of the day': Cth to invest
$600 million in mitigation
A new federal agency will support local community
responses to major natural disasters and administer a $600 million
"Preparing Australia Program". Prime Minister Scott
Morrison said the new program will enable the Commonwealth to
directly fund disaster mitigation and risk-reduction projects.
These projects will include flood levees, hardened
telecommunications infrastructure, and bushfire and cyclone-proof
housing (07 April 2021).
More...
$800 million for climate change, disasters
The new National Recovery and Resilience Agency will
manage a $600 million disaster mitigation and recovery program. The
initiative, a collaboration between the Bureau of Meteorology, the
CSIRO, ABS and Geoscience Australia, will begin operating from July
1 (06 May 2021).
More...
Budget to deliver $250 million in regional grants
The federal budget will target regional Australia with
$250 million worth of Building Better Regions grants for councils
and community organisations. Mr McCormack said last year's $200
million budget commitment for a fifth Building Better Regions Fund
round was oversubscribed by almost a billion dollars and the
government is still considering applications (06 May 2021).
More...
Fostering digital engagement after COVID
Many local councils adopted digital technologies overnight
during COVID and pivoted in-person services to online channels. The
findings are contained in the changing landscapes report, which was
released by Civica (06 May 2021).
More...
Place-based policies will relieve regional housing
stress: AHURI
Increased demand for housing in the regions during the
COVID-19 pandemic has exacerbated social and economic disadvantage,
new university research suggests. In places where social and
affordable housing is in short supply, lower-income tenants,
including students and young unemployed people, are now at
increased risk of experiencing more housing stress and precarity
(30 April 2021).
More...
Victoria
Review to examine cultural issues in local
government
Respect, integrity and trust across local councils will be
strengthened through a wide-ranging review of cultural issues
backed by the Andrews Labor Government. The discussion paper will
look into the history of the culture in local government and ways
to promote a more positive and inclusive work environment (01 May
2021).
More...
Parks investment means more open space and jobs
Minister for Energy, the Environment and Climate Change
has announced the funding as part of the launch of a bold blueprint
for managing Melbourne's open spaces – the Open
Space for Everyone Strategy. Park upgrades could include new
seating, barbecues, toilets, fencing, landscaping, lighting,
shading, path upgrades, as well as water features and new
playgrounds, funded under the $154 million
Suburban Parks Program (30 April 2021).
More...
Residents of eight Melbourne LGAs to chart local
biodiversity
Eight Melbourne metropolitan councils have invited their
residents to help document urban biodiversity as part of the global
City Nature Challenge. The councils – Boroondara, Whitehorse,
Knox, Manningham, Monash, Maroondah, Stonnington, and Greater
Dandenong – will "compete" with 250 cities from
around 40 countries to celebrate "the healing power of
nature" (30 April 2021).
More...
Helping councils keep Victorian communities
COVIDSafe
The Andrews Labor Government is delivering new funding for
Victorian councils to help local businesses and communities stay
safe and open through 2021. Minister for Local Government Shaun
Leane has announced more than $7 million for councils across the
state to establish the Local Government Business Concierge and
Hospitality Support program (30 April 2021).
More...
Victoria to trial e-scooter hire schemes across three
LGAs
Electric scooters will be trialled for up to a year in
three Victorian council areas, the Victorian Government announced.
Starting later this year, the trial is seeking to ascertain out how
e-scooters could be integrated safely into the transport network.
It will be conducted in two metropolitan LGAs and one regional LGA
(30 April 2021).
More...
'Disgraceful' amount poured into pokies, but
Ballarat mayor says he can't halt their spread
A Ballarat pub's application for eight new poker
machines sparks renewed discussion on the issue at the City of
Ballarat Council, with mayor Daniel Moloney saying state government
approval is "a fait accompli" (29 April 2021).
More...
NSW
Making life easier for pet owners
Dog and cat owners across NSW are set to benefit from a
revamped NSW Pet Registry with a $2 million rebuild of the online
platform to enhance functionality and improve the user experience.
The Government is building a new Pet Registry to improve
registration and microchipping features based upon feedback from
pet owners, animal welfare organisations, and councils (04 May
2021).
More...
Recovery grants extended to flood-affected NSW
communities
Communities in seven NSW North Coast local government
areas are to get additional DRFA assistance for flooding that
occurred in February. Recovery grants of up to $75,000 for primary
producers and up to $50,000 for small businesses are now available
in the Clarence Valley, Coffs Harbour, Kyogle, Lismore, Nambucca
Valley, Port Macquarie-Hastings, and Richmond Valley (30 April
2021).
More...
New 24-hour economy liquor reforms take effect
NSW Councils have the option to take the lead in managing
complaints about noise from inside licensed premises in their local
area, including entertainment sound. Councils will also have new
powers to establish 'Special Entertainment Precincts' where
they adopt their own plans to encourage and manage live, amplified
music. Further information about the 24-hour economy liquor reforms
is available
here (30 April 2021).
More...
Accelerated Infrastructure Fund must continue in
upcoming NSW budget
The NSW Government announced that construction was already
underway on all 14 projects in The Hills and Blacktown that
received a share of $145 million in funding from the Government and
local councils – and this was due to the funding support
provided by the Accelerated Infrastructure Fund (29 April 2021).
More...
Queensland
One-off historic Brisbane riverside mansion slips
through public hands
The state government knocks back a Brisbane City Council
pitch to jointly buy the dilapidated Lamb House to put it in public
hands, with buyers now expressing strong interest in the
heritage-listed landmark (06 May 2021).
More...
NQ reinsurance pool announcement a welcome game-changer
for councils and communities
LGAQ has welcomed the Federal Government's
announcement of a reinsurance pool to help reduce insurance costs
for North Queensland residents and businesses (04 May 2021).
More...
Hundreds of local apprentices and trainees get their
first start
The Palaszczuk Government is helping to get 400 more
council apprentices and trainees across Queensland their first
start in a job, thanks to a $6 million investment through Skilling
Queenslanders for Work (05 May 2021). More...
Public sidelined as 'special delegation'
approves 12-storey Point Danger 'eyesore'
A Gold Coast councillor has raised concerns about the
approval of a controversial 12-storey tower at Coolangatta and says
changes are needed to the city plan (30 April 2021).
More...
SW councils planning socio-economic study on carbon
impact
South west Queensland councils impacted by the federal
government's Emissions Reduction Fund are working towards
implementing a socio-economic study, in order to properly gauge the
impact of the scheme on their communities (29 May 2021).
More...
Sacked Logan council CEO loses unfair dismissal
case
The woman who triggered events that led to the sacking of
the entire Logan City Council has lost her unfair dismissal case
(29 April 2021).
More...
Auditor-General highlights councils' financial
challenges
Queensland councils welcome the recommendation of the
state's Auditor-General for more funding certainty to be
provided to councils with financial sustainability continuing to be
a critical issue for the sector (23 April 2021).
More...
In practice and courts
June deadline looms for LGs to register sister city
agreements
Local Governments have until 10 June to notify the
Department of Foreign Affairs of non-core foreign arrangements
entered into on or before 9 March. Arrangements should be notified
through the Foreign Arrangements
Portal. Any local government that does not yet have access to
the portal can obtain access by emailing the
Department of Foreign Affairs and Trade's Foreign Arrangements
Taskforce. Click here for further
information about the scheme, including guidance on what a foreign
arrangement is and a fact sheet on Local Governments'
obligations.
LGs eligible for environmental safe havens funding
Councils have been advised that they can apply for
Commonwealth grants to build safe havens for threatened native
wildlife species. Local government agencies/bodies can apply for
grants ranging from $500,000 up to $1.8 million. The cut-off for
grant applications is 11 January 2021, and projects eligible for
grants must be completed by 31 May 2023. Click
here for more information.
Victoria
EPA – Lara waste to energy proposal: Public
comment
The Victoria EPA has received a Works Approval application
for the construction of a waste to energy facility at 164-200
McManus Rd, Lara. View the full application here.
Click
here to learn more.
SRO: Congestion levy update
Eligible car park owners and operators can apply for a
part-year concession in certain circumstances. This concession
applies to car parking spaces located in private and public car
parks. Please note, car park owners and operators are not eligible
for a part-year concession
for the 2021 levy year as a result of COVID-19 restrictions.
Visit our website for further information about the
congestion levy.
Gender impact assessments
It is important that councils are already thinking about
and preparing to meet their obligations under The Gender Equality
Act 2020 which came into effect from 31 March 2021. Other key dates
in 2021 are 30 June when councils must conduct a
workplace gender audit, and 31 October when councils must
submit a
Gender Equality Action Plan, based on the findings from their
workplace gender audit. CGEPS is also planning tailored
sector-based workshops to be delivered by their
Panel of Providers and is available to answer your questions
sent.
Living Libraries 2021
Councils can apply for grants of up to $1 million to
expand and modernise existing libraries, build new libraries or buy
new mobile library vans. For more information on Living Libraries
and this year's application guidelines click
here.
Container deposit scheme
The MAV has
welcomed the release of the Victorian Government's consultation
paper on the design of the container deposit scheme
(CDS). Following significant advocacy from the
MAV, councils, environment groups and others, the State committed
to introducing a CDS by 2023 as part of its
Recycling Victoria policy.
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.
s.186 exemption for council recycling contracts
The Victorian Local Government Minister has
announced a state-wide s.186 exemption for local councils to
extend their recycling collection contracts to 30 June 2021.
Attached is a copy of the letter sent to all councils co-signed
by Minister Somyurek and the Minister for Energy, Environment and
Climate Change.
Smart Planning PPF translation update
Smart Planning continues to work with councils on their
Planning Policy Framework (PPF) translations. To
date, PPF translations have been gazetted for Murrindindi, French
Island and Sandstone Island, Glenelg, Moonee Valley, Golden Plains,
Southern Grampians and Colac-Otway. The PPF translation project is
time bound and all planning schemes must be translated by 30 June
2021. Information on preparing for your PPF translation is
available on the
Smart Planning website.
NSW
Review of the rate peg to include population
growth
IPART is seeking feedback and submissions from the public
on the review of the rate peg methodology to include population
growth. Consultation ends September 2021. The rate peg is based on
the annual change in the Local Government Cost Index. The issues
paper can be found
here. Click
here to learn more.
$4.8 million in funding to digitise regional NSW
Grants of $50,000 funding will help regional councils
acquire new or upgrade existing IT systems, software and
infrastructure and provide council staff the resources and
knowledge needed to use the system. All NSW councils need to be
using the planning portal to lodge all development applications and
complying development certificates by 1 July 2021. Read more
here.
Department of Planning consultation – proposed
changes to clause 4.6 variations review now on exhibition
The NSW Government is committed to ensuring the NSW
planning system is transparent and accountable; and easy to use and
understand. As part of this commitment the department is seeking
feedback on how to improve the way clause 4.6 operates and provide
certainty to councils and industry.
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.
Click here
to read more.
Draft NSW Clean Air Strategy – extension
The deadline for local government submissions on the draft
Clean Air Strategy has been extended by two weeks and was 7 May
2021. You can view and provide comments on the draft strategy on
the NSW Government
Have Your Say website. Read more about the extension
here.
Reminder: 21–01 transitioning back to in-person
council and committee meetings and consultation on proposed changes
allowing remote attendance at meetings
The regulation will be amended while OLG consults on the
proposed amendments to the Model Meeting Code to allow councils to
give approval for individual (but not all) councillors to attend
meetings remotely. The amendments will be temporary and will expire
on 31 December 2021. Click
here to read more.
NSW Public Spaces Legacy Program
Funding for the planning, design, construction or land
acquisition costs for new and existing public and open space will
be made available to 68 councils across NSW that are using (or
mandated to use) the ePlanning system, that adopt a
Local Acceleration Program, provided they can achieve
improvements in assessment activity between 1 September 2020 and 30
June 2021.
Queensland
PCA regulatory update 29 April 2021
There have been a variety of regulatory updates regarding
building cladding, Logan City Council Planning Amendments, the
Sunshine Coast Planning Strategy, Caboolture West, and fire
protection licensing. Click
here to learn more.
Interest rate on overdue rates and charges
Under Section 133 of the Local Government Regulation 2012
and section 125 of the City of Brisbane Regulation 2012 –
from 1 July 2021, the new maximum interest rate of 8.03 per cent
will apply for the 2021–22 financial year and a resolution
setting the actual rate to be charged will be required to be made
at the budget meeting for the 2021–22 financial year (updated
21 April 2021). Read more
here.
PCA: New Sunshine Coast Planning Scheme
The changes are expected to align with newer state and
local planning policies including the South-East Queensland
Regional Plan which is set to be renewed next year. The new
planning scheme is expected to be delivered in 2024. The Sunshine
Coast Council has provided the following timeline for delivery the
new scheme (May 2021). Learn more
here.
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021. For
more information, please click
here.
Planning (COVID-19 Emergency Response) Regulation
2020
This temporary regulation establishes requirements for
keeping documents physically available for inspection and purchase
in recognition of health and safety restrictions. This enables
local governments to continue to meet their statutory obligations.
The regulation is in effect to 30 September 2021. View the
Planning (COVID-19 Emergency Response) Regulation 2020.
State Infrastructure Strategy announcement
A new State
Infrastructure Strategy will be released in conjunction with
seven regional infrastructure plans in aid of supporting our post
COVID-19 economic recovery. This follows the recent announcement of
the formation of a Growth Areas
Delivery Team to address land supply issues in SEQ. To find out
more about the strategy, please click
here. You're invited to have your
say and help shape the State Infrastructure Strategy.
Consultation closes on 31 May 2021.
Extension of COVID Bill
State Parliament has moved to extend the timeframe for
several measures introduced to allow Government to respond to the
impacts of COVID-19 through the
COVID-19 Emergency Response and Other Legislation Amendment Bill
2021. As part of these extended COVID-19 measures, new laws
were also introduced in State Parliament that will allow Local
Governments to change their rates and charges multiple times in a
year. These powers will be granted amongst a range of other
COVID-19 measures introduced with the intent of allowing
flexibility to decrease or increase rates and charges, depending on
a council's need. Councils will be required to amend and
formalise their budgets if they make changes, although no limits
apply to the frequency.
Cases
Victoria
Save the Dandenongs League Incorporated v Yarra Ranges
SC [2021] VCAT 435
Section 82 of the Planning and Environment Act 1987
– Yarra Ranges Planning Scheme – removal of vegetation
– environmental significance overlay 1 – significant
landscape overlay 9 – clause 52.17. No permit.
Buckley v Greater Shepparton CC
[2021] VCAT 434
Section 149A of the Planning and Environment Act 1987
– declaration as to existing use of land for timber milling,
sawmilling and timber sales – Clause 63.11 of the Greater
Shepparton Planning Scheme.
Whittlesea CC v Gamble [2021] VCAT
439
Section 114 of the Planning and Environment Act 1987
– Whittlesea Planning Scheme – rural conservation zone
– agreement under section 173 of the Planning and Environment
Act 1987 – alleged use and development of land for a dwelling
and store – alleged anticipated removal of vegetation.
Piedimonte Developments Pty Ltd v Yarra
CC [2021] VCAT 428
Section 77 Planning and Environment Act 1987 –
commercial 1 zone – neighbourhood activity centre –
Heritage Overlay Schedule 327 – extent of demolition of
heritage buildings – built form – urban design –
height – off-site amenity impacts – noise –
traffic – car parking – loading – equitable
development – new laneway – on-site amenity.
Fixwell Smash Repairs Pty Ltd v Melton CC
[2021] VCAT 418
To construct an outbuilding located to the north-west of
the existing dwelling. It has an area of 1083 square metres and
overall height of 7.44 metres. Application under section 77 of the
Planning and Environment Act 1987 – to review the refusal to
grant a permit.
Octopus Property (VIC) Pty Ltd v Yarra CC
[2021] VCAT 432
Application under s. 80 of the Planning and Environment
Act 1987 – to review the conditions contained in the permit
– electronic major promotion sky sign.
Babenko v Glen Eira CC [2021] VCAT
429
Housing diversity policy – three-storey apartment
building – site is one of two attached dwellings – site
responsive design – amenity.
Zen Box Hill Pty Ltd v Whitehorse CC
[2021] VCAT 422
Section 79 of the Planning and Environment Act 1987
– Whitehorse Planning Scheme – commercial 1 zone
– residential growth zone – multi-storey mixed use
development, including office – question of law –
whether office use is prohibited – meaning of the expression
'the total floor area of all floors of all buildings on a
site'.
Copious Investments Pty Ltd v Yarra CC
[2021] VCAT 421
Development of land at 388-390 Queens Parade, Fitzroy
North with a five storey building comprising a ground floor
restaurant and first floor offices and three dwellings above.
Application under section 81(1)(a) of the Planning and Environment
Act 1987 – to review the refusal to extend the time within
which a development starts.
French v Mornington Peninsula SC
[2021] VCAT 410
Two attached two storey dwellings – DDO4, proper
regard for existing development pattern – protection of
shared viewlines – integrated subdivision –
amenity.
Richards v Indigo SC [2021] VCAT
408
Section 77 Planning and Environment Act 1987 –
Indigo Planning Scheme – farming zone – licenced
premises – winery – amenity impacts.
Pascuzzi v Monash CC [2021] VCAT
398
Section 82 of the Planning and Environment Act 1987
– Monash Planning Scheme – industrial 1 zone –
proposed place of assembly – reduction in car parking –
existing parking pressures – access to businesses –
safety – management of patron numbers.
Caulfield Grammar School v Stonnington CC
[2021] VCAT 405
Use of dwelling for school staff – prejudice to
master planning – neighbourhood character –
amenity.
P & H Group Enterprises Pty Ltd v Brimbank
CC [2021] VCAT 400
S77 Planning and Environment Act 1987 – Brimbank
Planning Scheme – residential growth zone schedule 1 –
substantial change area – intensification of housing –
policy – impact on neighbourhood character – impact on
amenity of neighbours – internal amenity.
Pipidoofka Pty Ltd v Melbourne CC
[2021] VCAT 389
Section 97P of the Planning and Environment Act 1987
– whether the existing use of some car spaces in a basement
of an apartment building by persons who are not owners or occupiers
of the apartments is lawful – Clause 63 of the Melbourne
Planning Scheme – effect of permit conditions –
application for ancillary declarations – whether there is
jurisdiction to amend permit.
Jasbe Frankston Pty Ltd v Frankston CC
[2021] VCAT 342
Use and development of a service station, convenience shop
and convenience restaurant – application under section 77 of
the Planning and Environment Act 1987 – to review the refusal
to grant a permit.
NSW
Built Developments Pty Ltd v Randwick City
Council [2021] NSWLEC
1234
DEVELOPMENT APPLICATION – proposed warehouse –
size and frequency of vehicles to attend warehouse facility –
consideration of AS2890.2 concerning off street commercial vehicle
facilities – application of EP&A Act s 4.15(3A).
Deputy Secretary, Local Government, Planning and Policy
v Byrne [2021] NSWCATOD
53
OCCUPATIONS – local government councillors –
non-pecuniary conflict of interest – conduct and statements
at Council meetings – whether allegations duplicitous –
whether breach of Code of Conduct – whether act of disorder
– whether misconduct.
Somerset Consulting Pty Ltd v City of Sydney
Council [2021] NSWLEC
1215
DEVELOPMENT APPLICATION – integrated development
– state heritage register – balcony enclosure –
appeal dismissed – orders.
TC (Tallwoods) Pty Limited v Camden
Council [2021] NSWLEC
1212
MODIFICATION APPLICATION – reduction sought in
contributions payable pursuant to s 7.11 EP&A Act – 42
lot subdivision – whether there was unreasonable delay in the
grant of development consent resulting in increase in contributions
imposed after 1 July 2020 when Ministerial cap on contributions
removed – whether the condition requiring contributions was
unreasonable – whether for a condition requiring
contributions to be unreasonable the unreasonableness must arise
from the application of the contributions plan.
Statewide Planning Pty Ltd v Canterbury-Bankstown
Council [2021] NSWLEC
1210
DEVELOPMENT APPLICATION – application seeking
consent for the demolition of existing structures and the
construction of a part five and part six-storey residential flat
building – site isolation – whether proposed
development isolates adjoining corner lot – the relevance of
planning principles in the assessment process.
Azizi v Council of the City of Ryde; Alnox Pty Ltd v
Council of the City of Ryde [2021] NSWLEC
40
COMPULSORY ACQUISITION – respondent acquires land
for public recreation purposes – land zoned R2 Low Density
Residential prior to rezoning for public recreation – land
compulsorily acquired from each Applicant after successful hardship
applications – Applicants dissatisfied with Valuer
General's compensation determinations – Applicants
commence proceedings seeking higher compensation – dispute as
to whether Valuer General's future land zoning basis for
compensation is correct – Applicants contend future zoning
would be R4 High Density Residential – Respondent contends
zoning would remain R2 Low Density Residential – Consent
Orders in related Supreme Court proceedings resulted in advance
payments to each Applicant – advance payments significantly
less than 90% of the compensation determination made by the Valuer
General in each instance – each Applicant now seeks an order
requiring the Respondent to make an additional payment to bring the
total advance payment to 90% of the Valuer General's
compensation determination – Respondent contends in each
proceeding that the Valuer General's compensation determination
is too high and that 90% of the Valuer General's determination
would exceed the amount that will be the outcome in each proceeding
– Respondent has paid $5 million into its legal
representatives' trust account to protect each Applicant's
compensation position but resists paying additional advance payment
amounts direct to each Applicant – Respondent proposes
continuation of the trust account regime which had been established
pursuant to this Supreme Court proceedings' Consent Orders
– consideration of the statutory regime in the Land
Acquisition (Just Terms Compensation) Act 1991 (the Land
Acquisition Act) concerning advance payments – Applicants
submit there is no power to withhold advance payments as proposed
by the Respondent – held that there is no discretionary power
to withhold the statutorily mandated advance payments – held
that there is power to order the Respondent to make the additional
advance payments sought - additional advance payments ordered to be
made.
DISCRETION – appropriate to consider issues of discretion on
a contingent basis – statutory regime in the Land Acquisition
Act for recovery of monies when advance payments exceed the quantum
of compensation determined by the Court – consideration of
whether Respondent has an arguable case in support of its future
zoning position – held Respondent has an arguable case in
support of its future zoning position – nature of the
financial information concerning each of the Applicants –
necessity to evaluate evidence as to whether each applicant would
be able to repay any overpayment of monies made as advance payments
– taking into account the advance payment already made to Mr
Azizi, no basis to conclude he would not be able to make any
required repayment – if power to maintain Respondent's
trust account regime, it would not be appropriate to exercise it in
Mr Azizi's proceeding – taking into account the advance
payment already made to Alnox Pty Ltd, there is a proper basis to
conclude Alnox Pty Ltd would not be able to make any required
repayment – if power to maintain Respondent's trust
account regime, it would be appropriate to exercise it in the Alnox
Pty Ltd proceeding.
COSTS – costs follow the event in Class 3 compensation
proceedings – both Applicants succeed in obtaining orders
sought in the relevant Notice of Motion – Respondent ordered
to pay Applicant's costs of the relevant Notice of Motion.
McEwan v Port Stephens Council
[2021] NSWCATAD 110
ADMINISTRATIVE REVIEW – Government Information
(Public Access) – scope of access application –
secondary employment register – pecuniary interests register
– public interest considerations in favour of disclosure
– public interest considerations against disclosure –
open access information – personal information –
secrecy provisions.
Jong Mi Hong v Blacktown City Council
[2021] NSWLEC 38
PROCEDURE – application to set aside a subpoena
issued in compensation for compulsory acquisition proceedings in
civil jurisdiction of the Court – whether a legitimate
forensic purpose established by the party seeking production and
access to the documents – correct test to be applied in civil
proceedings – subpoena valid – claim of public interest
immunity – principles to be applied – claim of public
interest immunity rejected.
Hazouri v Mosman Municipal Council
[2021] NSWLEC 1196
DEVELOPMENT APPLICATION – dwelling house –
building height contravention – wall height contravention
– view sharing – view chasing – sufficient
environmental planning grounds – visual privacy –
visual impact – landscape treatment.
Donnelly v Central Coast Council
[2021] NSWLEC 1195
DEVELOPMENT APPEAL – residential – first floor
addition to an existing dual occupancy – conciliation
conference – agreement between the parties –
orders.
Queensland
Council
& Ors; Dexus Funds Management Limited v Fabcot Pty Ltd &
Ors [2021] QCA 95
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where the grant of a development permit for a
childcare centre, service station, food and drink outlet and
shopping centre was sought – where orders were sought that
the development be refused – where orders seeking that the
development permit be refused were dismissed – where the site
the subject of the development permit is within the low-medium
density residential zone and within the Smithfield Local Plan
– whether approval of the proposed development would
compromise the planned role and function of the land –
whether the primary judge misinterpreted or misapplied sections 45
and 60 of the Planning Act 2016 (Qld) – whether the primary
judge misinterpreted or misapplied the Cairns Plan 2016 –
whether the primary judge erred in finding that there was a town
planning need for the proposed development – whether the
primary judge erred in finding the only non-compliance with the
low-medium density residential zone code and the Smithfield Local
Plan was that the proposed development was not small scale –
whether the primary judge erred in concluding that the proposed
development complied with section 3.3.2.1(1) of the Cairns Plan
2016 – whether the primary judge erred in dismissing
sub-precinct 3b as an obstacle in the path of an approval of a
development application – whether the primary judge failed to
take into account the hierarchy of shopping centres under the
Cairns Plan 2016 – whether the primary judge took into
account irrelevant considerations – whether the primary judge
prejudged a code assessable development application.
Bridgeman
Enterprises Pty Ltd v Sunshine Coast Regional Council
[2021] QPEC 25
PLANNING AND ENVIRONMENT – DEVELOPMENT CONTROL
– CONTROL OF PARTICULAR MATTERS – CONDITIONS –
APPEAL AGAINST IMPOSITION OF CONDITIONS – where the appellant
seeks to develop land already improved by a shopping centre and
other buildings – where the respondent approved the
development subject to conditions – where conditions relate
to electrical infrastructure – whether the conditions are
relevant to and not an unreasonable imposition upon the development
– whether the conditions are reasonably required in relation
to the development.
Planning Act 2016 Qld s 45, s 60, s 65 – Planning and
Environment Court Act 2016 Qld s 43, s 45, s 46, s 47 –
Sunshine Coast Regional Council Planning Scheme 2014 Qld.
Legislation
Regulations
Victoria
Acts
No 40:
Parks and Crown Land Legislation Amendment Act 2020 (Vic)
Date of commencement: 1 May 2021
Sections 30, 32, 33, 49, 61, 63, 64, 68, 70, 73, 74, 76, 79, 81,
82(3), 83, 84(3), 109 to 112, Part 10 of this Act came into
operation on 1 May 2021 (SG666 15.12.2020).
NSW
Regulations and other miscellaneous instruments
Coal Mine Subsidence Compensation Amendment (Contributions)
Regulation 2021 (2021–210) – published LW 7 May
2021.
Environmental Planning Instruments
State Environmental Planning Policy (Three Ports) Amendment
(Shipping Containers) 2021 (2021–209) – published
LW 6 May 2021.
State Environmental Planning Policy (Infrastructure) Amendment
(Health Services Facilities) 2021 (2021–206) –
published LW 30 April 2021.
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