In the media
No time to waste: Asia is talking tough and the race to
recycle is heating up
The recycling industry says it is ready to capitalise on
election promises made by the Morrison Government to tackle
Australia's waste crisis, but is warning they only address half
the problem (01 June 2019).
More...
Victoria
Video case a warning for illegal dumpers
A surveillance operation at a known illegal dumping spot
has cost a Werribee-based lawn mowing contractor a $1,934 fine for
abandoning a truckload of garden waste in a suburban street (31 May
2019).
More...
Historic pub demolished illegally by 'cowboy
developers' unlikely to be rebuilt
Melbourne's historic Corkman Pub will be turned into a
temporary park after the State Government fails in its bid to force
developers to rebuild the 19th-century watering hole (30 May 2019).
More...
Australia's tallest timber building to top-up
Melbourne Central
Diversified property major GPT Group will build
Australia's largest timber building, a premium 12-level office
tower (28 May 2019).
More...
Getting on with the Western Rail Plan
The Andrews Labor Government is keeping its promise and
getting on with the vital planning needed to deliver fast rail to
the regions and more metro services to our growing suburbs (24 May
2019).
More...
Porsche's $100k penalty for oil spill
A Collingwood Porsche dealership has been ordered to pay
$132,000 after its waste oil tank overflowed into a stormwater
drain and out into the Yarra River (24 May 2019).
More...
State's worst planning bungle to cost nearly
$9m
Developer behind apartment tower that threatened to block
emergency helicopter access to the Royal Melbourne Hospital sues
(21 May 2019).
More...
NSW
100% sign-up by councils for energy savings
program
All 18 NSW councils invited by Office of Environment and
Heritage (OEH) to join a ground-breaking program
to help communities save energy and cut power bills have signed up
(30 May 2019).
More...
Successful prosecution for water pollution at Perisher
in the Land and Environment Court
The Land and Environment Court has found the Office of
Environment and Heritage (OEH) guilty of polluting
waters surrounding OEH's Perisher Sewage Treatment Plant
(STP) in southern New South Wales, following
successful prosecution by the Environment Protection Authority
(EPA) (30 May 2019).
More...
Scientists warn lucrative tree-planting program does
more harm than good
A regeneration project is underway at NSW's Capertee
National Park and environmentalists say the volume of trees is
boosting State Government coffers but could threaten native plants
and species (26 May 2019).
More...
Greater Sydney housing supply forecast: 191,550 new
homes by 2023
Construction of 191,550 new homes in Greater Sydney is
forecast in the next five years, a 22 per cent increase, or an
extra 34,300 new homes, with Parramatta anticipated to become home
to a vast majority of them (23 May 2019).
More...
Green Square a national sustainability leader
The City of Sydney's fastest-growing neighbourhood has
received national recognition as one of Australia's most
sustainable communities, according to a prestigious certification
program (21 May 2019).
More...
$13 million new look for World Square plaza under
'rooftop canopy'
World Square plaza would be closed to the heavens with a
rooftop canopy doubling as an Indigenous-inspired "public
artwork", under plans lodged with the City of Sydney council.
The $13 million proposal would see an awning constructed using four
transparent glass shelves, allowing sunlight into the plaza but
protecting it from the elements (20 May 2019).
More...
They speculated, they own the risk': Developers
sweat on St Leonards plan
Developers who have taken a half-billion-dollar gamble on
the rezoning of properties on Sydney's lower north shore face a
nervous wait for the NSW government to help (17 May 2019).
More...
Engineers test potential for night energy
production
While solar panels have been around for some time,
engineers are now experimenting with rooftop panels that could
create electricity at night, offering the potential to produce
renewable energy without the sun (17 May 2019).
More...
Queensland
PCA: Townhouse TLPI refused
The State Government has rejected Brisbane City
Council's Temporary Local Planning Instrument
(TLPI) aimed at restricting townhouse development
and has instead placed consultation conditions on Council
progressing its Major Amendment Package H ( 31 May 2019).
More...
Consultation on major amendment to Brisbane's city
plan given go ahead
A major amendment to the Brisbane City Plan has been given
the green light to proceed to public consultation (29 May 2019).
More...
Gladstone solar farm charges ahead with major
milestone
Gladstone is closer to hosting one million solar panels
with the independent Coordinator-General approving a development
application for a 762-hectare solar farm in the city's State
Development Area (SDA), subject to conditions (29
May 2019).
More...
Gladstone solar farm charges ahead with major
milestone
Gladstone is closer to hosting one million solar panels
with the independent Coordinator-General approving a development
application for a 762-hectare solar farm in the city's State
Development Area (SDA), subject to conditions (29
May 2019).
More...
Developers, government and council ink $1.2bn
infrastructure deal
A $1.2 billion deal to secure the infrastructure needs of
two priority development areas over the next 45 years has been made
between Queensland government, Logan City council and nine property
developers (28 May 2019).
More...
New CSG no-go zone aimed to quarantine contaminated
Queensland groundwater
The risk of spreading toxic groundwater from one of
Queensland's worst environmental contaminations prompts a ban
on coal seam gas drilling in an area where companies are already
extracting gas (26 May 2019).
More...
Government signs off On Sunland's Gold Coast
Marina
The state government has overturned regulation blocking
extensions to Sunland's $82 million masterplan community at
Benowa's Royal Pines Marina on the Gold Coast (23 May 2019).
More...
Have your say on Cultural Heritage Acts
Indigenous communities and industry stakeholders are being
encouraged to have their say on Queensland's cultural heritage
legislation (23 May 2019).
More...
In Practice and Courts
Commonwealth
Proposed variation to the National Environment
Protection (Ambient Air Quality) Measure standards for ozone,
nitrogen dioxide and sulfur dioxide
An impact statement and draft varied measure are required as part
of the statutory process to vary a National Environment Protection
Measure. The public consultation period for the Impact Statement
and draft varied measure is now open. Submissions close on 7 August
2019.
More...
Announcements, Draft Policies and Plans released 2019
Victoria
The 2019-20 Victorian State Budget
Published: 27 May 2019. The 2019-20 Victorian State Budget
has been handed down in parliament by the Treasurer, Tim Pallas MP.
The budget papers are available on the Victorian Budget 2019-20
website, Including budget highlights including solar in homes and
the North East link. More...
NSW
EPA: Proposed changes to the regulation of Underground
Petroleum Storage Systems (UPSS)
The EPA is consulting on the draft UPSS Regulation 2019
and seeking submissions. Feedback can be provided through the EPA
consultation
portal until 14 June 2019.
More...
NSW Planning and Environment: Sydney housing supply
forecast
The Sydney Housing Supply Forecast provides information on
where, when, and how many new homes are likely to be built within
the city. The forecast methodology is outlined further in the
Explanatory Notes (17 May 2019).
More...
NSW Fair Trading: Amendment to the Environmental
Planning and Assessment Regulation 2000 - bush fire prone
land
To ensure consistency in relation to building standards on
bush fire prone land, an amendment has been made to the
Environmental Planning and Assessment Regulation 2000 until
Planning for Bush Fire Protection 2019 is adopted later this year
(May 2019). More...
New dates for Environmental Planning & Assessment
Actupdates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
local strategic planning statements for councils in the Greater
Sydney Region and
community participation plans. CPPs must be finalised and
published on the ePlanning portal by 1 December 2019.
Changes to housing SEPPs
The SEPP will not apply in heritage conservation areas in
Greater Sydney until 1 July 2020.
More...
Cases
Victoria
Khushbu v Casey CC [2019] VCAT
780
In application P1658/2018 the decision of the responsible
authority is set aside. The permit allows:
the display of two internally illuminated signs exceeding 1.5
square metres and located more than 3.7 metres above pavement
level; and the exceedance of 8 square metres of business
identification or promotional signage.
Stellar 168 Pty Ltd v Kingston CC
[2019] VCAT 765
Section 77 of the Planning and Environment Act
1987 (Vic); Kingston Planning Scheme; Activity Centre Zone;
Precinct 5 – Mixed Use Commercial Precinct; Building height
and form; Impacts on the adjacent place of worship; Relationship to
adjoining heritage place; Equitable development; Internal
amenity.
TAG-Cranbourne East Pty Ltd v Casey CC
[2019] VCAT 752
Section 80 of the Planning and Environment Act 1987;
Cranbourne East Precinct Structure Plan; Cranbourne East
Development Contributions Plan; Ballarto Road; subdivision;
carriageway easement; access; sealed road.
Benton v Bayside CC [2019] VCAT
754
Construction of a Victorian era reproduction
balustrade to the front of a ground floor dwelling that is part of
the former Beaumaris Hotel. Application under section 77 of the
Planning and Environment Act 1987 – to review the
refusal to grant a permit.
Andrews and Morrisy Developments Pty Ltd v Port Phillip
City Council & Ors [2019] VSC
337
TOWN PLANNING – Application for leave to appeal
pursuant to s 148 of the Victorian Civil and Administrative
Tribunal Act 1998 – Effect of transitional exemption in
planning scheme related to mandatory height control – No
implication of words going beyond literal meaning – No
exclusion of purpose of zone as a consideration relevant to the
grant of a permit – Application refused.
D.Arc Architects v Yarra CC [2019]
VCAT 704
Yarra Planning Scheme; Application under section 79 of
the Planning and Environment Act 1987; NRZ1; HO327;
Proposal for demolition and alterations and additions to existing
dwelling; Heritage significance; Visual bulk; Overshadowing of
secluded private open space. No permit
NSW
Dara v Mayadunne [2019] NSWLEC
1217
TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension
of damage to property and of injury – tree removal
sought.
Jacobs v Waverley Council [2019]
NSWLEC 1232
DEVELOPMENT APPLICATION – secondary dwelling
– affordable rental accommodation – FSR breach –
whether sufficient environmental planning grounds for contravention
of development standard – whether and to what extent context
compatibility an environmental planning ground.
Visionary Investment Group Pty Ltd v Wollongong City
Council [2019] NSWLEC 1234
DEVELOPMENT APPLICATION – subdivision –
community title – owner's consent – golf course
– contamination – streambank stabilisation –
availability of water and wastewater infrastructure –
assessment of off-site impacts – Grampian condition.
Dickinson Property Group Pty Ltd v Wollondilly Shire
Council [2019] NSWLEC 1220
APPEAL – development application –
multi-dwelling housing – area characterised by single
dwelling housing – whether there is a requirement to respond
to existing character – transition to low density residential
zone – whether required to respond to heritage items or
heritage conservation area located in the vicinity of the site
– compliance with the provisions of the development control
plan – design – amenity of the dwellings –
objectives of the zone.
Jasminco Resources Pty Limited v Goulburn Mulwaree
Council [2019] NSWLEC
1218
DEVELOPMENT APPLICATION – quarry –
insufficient information to determine owners consent for works on
public road – road safety and functionality – removal
of restriction of access – noise.
Zhiva Living Dural Pty Ltd v Hornsby Shire
Council [2019] NSWLEC
1222
DEVELOPMENT APPLICATION – Seniors living development
– whether the proposed development satisfies the provisions
of cl 55 of State Environmental Planning Policy (Housing for
Seniors or People with a Disability) 2004 – whether a
jurisdictional precondition can be cured by the grant of consent
with conditions.
Queensland
Wagner Investments Pty Ltd & Anor v Toowoomba Regional
Council [2019] QPEC 24
HEARING OF AN APPEAL – INFRASTRUCTURE CHARGES
– where appellants and related entities have developed the
Brisbane West Wellcamp Airport at Toowoomba – where intended
development includes various uses within the Wellcamp Business Park
where the airport and the Business Park located within especially
designated area the Charlton Wellcamp Enterprise Area – where
appellants made various development applications to the Toowoomba
Regional Council (the Council) – where development
applications were approved by the Council subject to
conditions.
WHERE APPELLANTS GIVEN INFRASTRUCTURE CHARGES NOTICES – where
after representations negotiated infrastructure charges notices
were given – where subject infrastructure charges were
concerned with storm water, transport and reconfiguration of a
lot.
WHERE INFRASTRUCTURE CHARGE NOTICES CHALLENGED – where
stormwater infrastructure charges challenged on the basis there was
no relevant trunk infrastructure for storm water –
alternatively no additional demand was placed on storm water trunk
infrastructure – where challenged to transport infrastructure
charges on basis of improper methodology and assessment of charges
– whether transport infrastructure charges required to be
assessed by particular reference to additional use and demand
created by proposed development
Planning and Environment Court Act 2016 (Qld);
Sustainable Planning Act 2009 (Qld).
Legislation
NSW
Regulations and other miscellaneous instruments
Biodiversity
Conservation Act 2016 — Final Determination (2019-221)
— published LW 31 May 2019
Legal
Profession Uniform Law (Indexed Amounts) Notice 2019 (2019-222)
— published LW 31 May 2019
National
Energy Retail Law (Adoption) Amendment Regulation 2019
(2019-223) — published LW 31 May 2019
Environmental Planning Instruments
State
Environmental Planning Policy (Infrastructure) Amendment (Water and
Emergency Services Facilities) 2019 (2019-224) —
published LW 31 May 2019
State
Environmental Planning Policy (State and Regional Development)
Amendment (Inland Rail—Narrabri to North Star Project)
2019 (2019-225) — published LW 31 May 2019
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.