In the media – National
The 2017 budget has axed research to help Australia
adapt to climate change
The 2017 federal budget has axed funding for the National
Climate Change Adaptation Research Facility
(NCCARF), an agency that provides information to
decision-makers on how best to manage the risks.
More...
Federal budget round-up: how the built environment
sector reacted
There's been a mixed reaction to the federal budget,
with mostly positive responses to a focus on infrastructure
spending, mixed responses to housing affordability measures and
dismay at the silence on the environment and climate change (10 May
2017).
More...
CEFC large scale solar program commits over $370M to 10
projects with more than 400MW solar capacity
The Clean Energy Finance Corporation has announced
finance for its 10th project through its
Large-Scale Solar Program, bringing its total program investment
commitments to more than $370 million, accelerating projects with a
total estimated project value of $900 million and a total
generating capacity of more than 400MW (AC) (08 May 2017).
More...
A record high for renewables investment in
Australia
A report released today by the Clean Energy Regulator
(CER) detailing Australia's progress towards
its 2020 renewable energy target reveals record high investment in
renewables in 2016. Large-scale renewable energy investment was
five times greater than that of 2015 (03 May 2017).
More...
Environmental approval boosts economic development and
jobs in Northern Australia
The Coalition Government has approved under national
environment law a prawn aquaculture facility in the Northern
Territory that will have significant benefits for the local and
regional economies (11 May 2017).
More...
We need to build smart from the start: GBCA
Tonight's city-building budget demands a laser-focus
on long-term value, says the Green Building Council of Australia
(GBCA). An online Commonwealth land registry will
be established detailing sites that can be made available for
residential development. This represents a fantastic opportunity
for new world-class sustainable urban renewal (09 May 2017).
More...
Developers welcome Budget's $70 bn infrastructure
measures
The federal government's new measures to build more
infrastructure and make housing more affordable have been welcomed
by the development sector. Under the new measures outlined in the
2017-18 Budget released on 9th May, the federal
government has allocated $1 billion for critical infrastructure and
$70 billion for transport infrastructure (May 2017).
More...
Turning waste into fuel
The Turnbull Government through the CEFC will lend
$30 million to ResourceCo to transform non-recyclable waste
into solid fuel, known as Processed Engineered Fuel
(PEF). The project is being financed through the
$1 billion Sustainable Cities Investment program, established to
boost the use of renewable energy and clean technology in cities
(04 May 2017).
More...
Renewable Energy Target delivering: momentum building
towards 2020 target
The Clean Energy Regulator believes the 2020 Renewable
Energy Target remains achievable provided the current pace of
investment continues throughout 2017 (03 May 2017).
More...
CEFC commits over $780m to solar and eyes sector as key
player in Australian energy transformation
The CEFC sees a bright future for Australia's rapidly
developing solar industry, with its own investment commitments to
the large and small-scale solar sector surpassing $780 million and
unlocking projects and programs valued at over $2 billion (03 May
2017).
More...
ARENA's new investment priorities to help Australia
transition to reliable, affordable and low emission energy
The Australian Renewable Energy Agency
(ARENA) has launched its new Investment Plan
outlining the investment priorities which will guide almost $800
million of funding over the coming years. ARENA will broaden its
focus to address the challenges facing the energy system as
Australia transitions to a low emission economy (02 May 2017).
More...
In the media – Victoria
New Victorian Planning Authority CEO
Experienced planning expert and public servant Stuart
Moseley has been appointed the new CEO of the Victorian Planning
Authority (11 May 2017).
More...
The 2016-17 Victorian State Budget
2 May 2017 - The 2016-17 Victorian State Budget has been
handed down in parliament by the Treasurer, Tim Pallas MP. The
budget provides projections of government revenue and expenditure
for the following year, and outlines services to be delivered. More...
Giving our regional communities certainty on gas
The Andrews Labor Government is giving farmers and
regional communities the certainty they deserve by banning fracking
and getting on with a geoscience program to better understand
Victoria's gas supplies (02 May 2017).
More...
In the media – New South Wales
Sydney increases tree spend as report shows big property
value boost
The City of Sydney has revealed plans to spend an
additional $8 million on street trees over the next 10 years.
More...
Final stage for WestConnex unveiled
Premier Gladys Berejiklian and Minister for WestConnex
Stuart Ayres today released the concept design for M4-M5 Link that
will provide the vital connection between two of Sydney's
busiest motorways.
More...
NSW Government simplifies Crown land laws
The NSW Government has passed the Crown Land
Legislation Amendment Bill, to improve and streamline
legislation for the Crown estate, bringing seven separate pieces of
legislation together into one (11 May 2017).
More...
For more information on the Crown Land Management Amendment
Bill and the Crown Land Management Act visit www.crownland.nsw.gov.au.
Department welcomes Auditor-General report into mine
rehabilitation
An audit report on mine rehabilitation released today by
the NSW Auditor-General has been welcomed by the Department of
Planning and Environment, with work already underway that addresses
some of the recommendations (11 May 2017).
More...
NSW Container Deposit Scheme to be studied for
effectiveness
Researchers at the National Marine Science Centre hope
the Container Deposit Scheme will pay dividends for NSW waterways
(09 May 2017).
More...
Skytrain Bridge brings metro a step closer
The deck of the landmark Sydney Metro bridge is in the
air, bringing NSW's first metro railway one step closer. Stage
1 of Sydney Metro – the $8. billion Sydney Metro Northwest
project – opens in the first half of 2019 (08 May 2017).
More...
In the media – Queensland
Heritage buildings protected for future
generations
The Palaszczuk Government has ensured heritage buildings
in Queensland will be better protected as result of tighter laws
and tougher penalties passed by parliament tonight (10 May 2017).
More...
PCA: South East Queensland primed to deliver
Australia's showpiece City Deal
The Property Council has welcomed the Federal
Government's commitment to a future City Deal for South East
Queensland (SEQ) in tonight's Federal Budget. An SEQ City Deal
will ensure all three levels of government are aligned on the
strategies to drive the local economy, tackle housing
affordability, improve our connectivity and maintain our enviable
lifestyle (09 May 2017).
More...
Collinsville Solar farm reaches financial close
Queensland continues to add more renewable megawatts and
more renewable jobs to its economy, with the latest milestone for
the Collinsville Solar farm reaching financial close (08 May 2017).
More...
Mine 'bond' & rehab reforms protect
environment, jobs
Major reforms to mine rehabilitation and the financial
"bonds" for mines will better protect the environment and
taxpayers, and encourage jobs, more investment and growth in the
resources sector (04 May 2017).
More...
Reedy Creek residents welcome quarry decision but
warnings construction costs could rise
Reedy Creek residents are celebrating a court ruling
against a proposed quarry but the construction industry says the
decision will add $15,000 to the cost of building a new home (05
May 2017).
More...
Boral appeal over $2b Gold Coast quarry dismissed
The company behind a proposed $2 billion quarry on the
Gold Coast is considering its options after a Queensland court
backed Gold Coast City Council's decision to reject the quarry
(04 May 2017).
More...
Queensland shines in new solar report
Recent research by the Clean Energy Council confirms that
Queensland is on track for over $2 billion in investment, based on
new renewable energy projects under construction or due to begin
construction in 2017 (03 May 2017).
More...
In practice and courts – Victoria
Planning Applications open for streamlining for
growth
The Victorian Planning Authority invites all councils to
apply for grants for planning projects that will boost jobs,
housing and infrastructure. The
Streamlining for Growth Program provides support and
capacity-building for councils through directs grants and VPA staff
assistance in regional Victoria and Melbourne. It is funded by the
Victorian State Government and managed by the VPA.
In practice and courts – New South Wales
Community Consultations
Proposed changes to planning rules for outdoor advertising and
signage to increase road and rail safety (SEPP) Start date
05/05/2017; End date 06/06/2017.
Draft Vegetation SEPP Start date 10/05/2017 End date
21/06/2017.
Have your say on biodiversity reforms
The NSW Government will undertake one more round of
public consultation before its improved and simpler land management
reforms take effect. Consultation closes on 21 June and the reforms
will commence on 25 August 2017. More...
NSW Land and Environment Court
28 April 2017: The time for the submission of comments on
proposed changes to the Class 3 Compensation Claims Practice Note
was extended to 22 May 2017. Click
here for the consultation questions.
In practice and courts – Queensland
SPP Interactive Mapping System update
The State Planning Policy Interactive Mapping System has
been
amended to reflect changes to the Queensland Heritage Place
dataset. Changes to the Heritage Place list, consist of: addition
of two new heritage places; reduction in the heritage place
boundary of the St George's Anglican Church at Beenleigh and
amendments to the lot boundaries of a number of existing heritage
places based on improved mapping technology and aerial photography
(03 May 2017).
The State Planning Policy Interactive Mapping System updates are
applicable to the
SPP Plan Making Mapping and
State Assessment and Referral Agency (SARA) Development Assessment
(DA) mapping systems.
PCA: Parliament passes Local Government Transparency
Bill
The amendments bring forward provisions within the new
planning legislation for the retrospective commencement of
temporary local planning instruments and the removal of the
Court's discretion to award costs, re-introducing
pre-determined criteria for how costs are - or are not –
awarded. The Bill also introduces changes to the legislation to
clarify the relationship between the State's planning and
building acts, based on the highly-publicised 'Gerhardt'
court decisions (11 May 2017).
EHP Prosecution Bulletin No. 3 May 2017
A gold mining company pleaded guilty to two offences
under sections 361 and 430 of the Environmental Protection Act
1994 (the 'Act') respectively for
contravening an Environmental Protection Order
(EPO) and contravening a condition of an
Environmental Authority (EA).
More...
Plan making instrument: The Minister's Guidelines
and Rules (MGR)
This key instrument will mandate how local planning
schemes and other local planning instruments are made (or changed).
The draft MGR also outlines public consultation requirements that
support the plan making process.
More...
City Plan amendment package
Brisbane City Council has released a
varied package of amendments to the Brisbane City Plan for
public consultation. The amendments package includes:
The addition of
147 properties to the City Plan's pre-1911 building
overlay; A
refinement of biodiversity mapping to reflect changes in
vegetation and to align with State Government koala mapping and
the latest reiteration of the
Spring Hill Neighbourhood Plan and a
draft Newstead North neighbourhood plan.
Submissions on the proposals are due by 2 June 2017.
Spring Hill Neighbourhood Plan
Brisbane City Council has reopened consultation on its
Spring Hill Neighbourhood Plan, following the State
Government's State Interest review. The Queensland Government
deemed that changes made to the final version of the plan were
significantly different from the previous consultation version and
warranted a
repeat of the public consultation process.
Submissions are due by 2 June 2017.
Notification of commencement of processes to identify
environmental values and water quality objectives for Queensland
waters
The, Director-General Department of Environment and
Heritage Protection pursuant to the Environmental Protection
(Water) Policy 2009 advises the commencement of the following
processes:
(a) under section 11, to identify environmental values and
water quality objectives for the following waters:
Cape York. Consultation materials are being progressively released
for information on the department's website here. The
closing date for QMDB submissions is 31 May 2017.
The Mill at Moreton Bay Priority Development Area:
Proposed Development Scheme
Moreton Bay Regional Council (MBRC)
gives notice that the proposed development scheme for The Mill at
Moreton Bay Priority Development Area (PDA). The
proposed development scheme is the draft planning document for the
PDA which sets out the land uses, development criteria and
infrastructure envisaged for the PDA. Submissions commence on 12
April and end close of business on 30 May 2017.
More...
Aldoga renewable energy project EOI
The Aldoga site will be Economic Development
Queensland's flagship renewable energy project and is part of
the Queensland Government's Advancing Our Cities and Regions
Strategy which aims to renew and repurpose underutilised state land
to generate jobs, and drive economic growth. The expressions of
interest will close on 24 May 2017. More...
Cases – Victoria
Beman Pty Ltd v Boroondara City Council
[2017] VSC 207
PLANNING ENVIRONMENT — Application for leave to
appeal and appeal from the Victorian Civil and Administrative
Tribunal under s 148 of the Victorian Civil and Administrative
Tribunal Act 1998 — Covenant registered on
applicant's title requiring the use of certain building
materials — Applicant applied for a permit to allow removal
of the covenant — Tribunal ordered that a permit be issued
varying but not removing the covenant — Whether covenant is
enforceable — Whether covenant sufficiently identified the
land to be benefited — Leave to appeal granted — Appeal
allowed — Order that permit issue permitting removal of the
covenant.
Gurner 164 Williams Road Pty Ltd v Stonnington CC
[2017] VCAT 622
Six storey building containing commercial and residential
land uses; Height, form and appearance of building; Interim Order;
Design changes; Equitable development and amenity impacts to nearby
commercial properties; Impact on adjacent heritage precinct;
Internal amenity of apartments, including daylight; Car parking
provision; Crossover access to site.
Gembrook Views Estate Pty Ltd v Cardinia SC
(Red Dot) [2017] VCAT 604
NATURE OF CASE - Whether an 'over 55's'
retirement village is discriminatory against younger people (under
55) under equal opportunity legislation.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW –
issue of interpretation or application. PE Act s 149B; exercise of
discretion not to make declarations even where other requirements
for a declaration are established.
LEGISLATION – interpretation or application of statutory
provision - PE Act s 149B; ambit of VCAT jurisdiction; limits on
jurisdiction to consider issues under Equal Opportunity Act
2010.
CHANGE TO LEGISLATION OR VPPS - whether change required or
desirable - Observations on potential planning policy implications
in the use of land for a 'retirement village' (as defined)
and the Equal Opportunity Act 2010. Matters for government
consideration.
Ronge v Moreland CC (Red Dot) [2017] VCAT
550
NATURE OF CASE - Medium density development on redundant
industrial site.
LOCATION OF PASSAGE OF INTEREST – Paragraphs 28 to 33
and 62 to 72. REASONS WHY DECISION IS OF INTEREST OR
SIGNIFICANCE.
POLICY – interpretation or application of policy - Changes
to NRZ purposes and transitional provisions. Plan Melbourne
2017-2050 and State and local policy concerning car parking,
traffic and shift to other travel modes.
PRACTICE OR PROCEDURE – consideration of individual instance
or systemic issues.
Amendments to NRZ and transitional applications - Necessity to
reduce reliance on car based travel.
ANALYSIS – exposition of how to asses an issue or matters to
consider - Changes to NRZ purposes and transitional
applications - Car parking and traffic.
APPLICATION – significant, interesting or unusual use or
development; application of policy, provision or principle; or
circumstances.
Portland Historic Building Restoration Committee Inc. v Glenelg
SC (Red Dot) [2017] VCAT 519
NATURE OF CASE Interpretation of VicSmart provisions and
application of the principles of Wednesbury unreasonableness.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE LAW –
issue of interpretation or application.
Application of the principles of Wednesbury unreasonableness
– declaration under section 149B of the Planning and
Environment Act 1987 that a decision in a VicSmart application
to demolish a bluestone wall was unlawful because it was made
beyond power.
PLANNING SCHEME – interpretation or consideration of VPP
provision - Consideration and application of the VicSmart
provisions – interpretation of the meaning of fence in the
Heritage Overlay and the VicSmart provisions of the planning
scheme.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or
statutory provisions is required or desirable.
Need to amend the Heritage Overlay and the VicSmart provisions to
exclude from these provisions any items specified in the schedule
to the Heritage Overlay, not just identified in the schedule to the
Heritage Overlay.
Cases – Queensland
Lake Maroona Pty Ltd v Gladstone Regional Council
[2017] QPEC 025
PLANNING AND ENVIRONMENT – Appeal against
Council's refusal of a request to extend the relevant period of
a development approval – scope of the decision-making process
under s 388 of the Sustainable Planning Act 2009 –
meaning of "the consistency of the approval ... with the
current laws and policies applying to the development" in s
388(1)(a) of that Act.
PLANNING AND ENVIRONMENT – Approval for a multiple unit
residential development under previous planning scheme –
where under current laws and policies applying to the development,
including the Gladstone Regional Council Planning Scheme
2015, the land is within the low density residential zone, the
purpose of which includes "to provide for predominantly
detached dwelling houses... supported by some community uses and
small-scale services and facilities that cater for local
residents" – meaning to be given to
"predominantly" – consistency of the development
approval with the current planning scheme.
Boral
Resources (Qld) Pty Ltd v Gold Coast City Council
[2017] QPEC 023
APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION –
appeal against a refusal by the respondent of a development permit
for a quarry in the Gold Coast hinterland – where proposed
development involved development of a large hard rock quarry
– where subject land had been identified for quarrying
purposes under a number of State planning documents – where
subject land declared a key resource area under State planning
policies – where at the time the development application was
lodged the respondent's 2003 town planning scheme was in force
– where under that planning scheme the subject land was
subject to various designations – part Urban Residential Land
Use Theme; part Park Living Land Use Theme – part Open
Space/Nature Conservation Land Use Theme – where under the
relevant Structure Plan Area the subject land located partly in
Urban Residential Precinct, part Park Living Precinct and part Open
Space/Nature Conservation Precinct – where under
respondent's 2016 planning scheme subject land subject to
numerous designations.
WHERE DEVELOPMENT RAISED NUMEROUS ISSUES – traffic –
dust – noise – blasting vibration – geology
– air quality – traffic –
ecological/environmental issues – economic and community need
and town planning.
CONFLICT WITH PLANNING SCHEME – where proposed development
said to be in conflict with respondent's planning
schemes.
NEED – where evidence that there was a need for subject
development – whether that need could be satisfied by
existing and/or other quarries sources – whether in
circumstances where there was conflict with the planning scheme
sufficient grounds existed to warrant approval notwithstanding
conflict.
Legislation – Queensland
Bills Updated in the last week
Local Government Electoral (Transparency and Accountability in
Local Government) and Other Legislation Amendment Bill
2016
Introduced on 1/12/2016. Stage reached: PASSED with amendment
on 10/05/2017.
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.