In the media
Commonwealth
ASIC steps up climate risk focus
The Australian Securities and Investments Commission is
working to address climate risk within the context of corporate
governance. This applies to climate risk just as it does to other
risks such as compliance risks, cyber security or digital
disruption (25 June 2018).
More...
Housing for Australia's 'silver tsunami'
needs better planning
Australia is about to experience a 'silver
tsunami' with the population aged over 65 growing at a rate
never seen before. However, this booming demographic risks fewer
and poorer housing options unless our state and territory
governments do a better job of planning for housing for older
Australians, including retirement villages (22 June 2018).
More...
See The
Retirement Living Planning Report Card,
published by Urbis and commissioned by the Property Council of
Australia.
Australia set for surge in electric vehicles and
infrastructure in just four years: new modelling
Electric vehicles could represent 90 percent of all cars
and light commercial vehicles on Australian roads by 2050,
supported by $1.7 billion in private investment in new charging
infrastructure, according to new modelling produced for the CEFC
and ARENA (21 June 2018).
More...
Victoria
Aboriginal values are key to Victoria's water
future
This new program, in partnership with Traditional Owners
across Victoria, will support spiritual and cultural uses of water,
and create employment opportunities for Aboriginal Victorians. It
will also support the self-determination of Traditional Owners by
prioritising projects that best meet their needs regarding water
management on Country (22 June 2018).
More...
Melbourne car users could see 'major changes' in
CBD parking
The removal of parking spaces in Melbourne's CBD
should be accelerated, according to a discussion paper that warns
"major changes to the priority given to cars" are needed
to maintain a liveable city (21 June 2018).
More...
New South Wales
Irrigators to fight charges of water theft
Two prominent north-west New South Wales irrigator
families charged over alleged water theft on the Barwon-Darling
will fight the charges in court (29 June 2018).
More...
Another wake-up call on Australia's homelessness and
affordable housing crisis
Australia's affordable housing shortfall is vast, but
new research shows the situation is particularly dire in New South
Wales, where an extra 12,000 social and affordable homes a year are
needed from now to 2026 to meet projected needs (26 June 2018).
More...
New focus for the Greater Sydney Commission
The Greater Sydney Commission will be elevated to report
directly to the Premier from 1 July to implement the NSW
Government's bold vision for Sydney as three, integrated and
connected cities (26 June 2018).
More...
Port Kembla Gas Terminal declared critical State
Significant Infrastructure
The Port Kembla Gas Terminal has been declared Critical
State Significant Infrastructure (CSSI) by the
Minister for Planning because of its importance to the State's
future security and reliability of gas supply (24 June 2018).
More...
Fair go for retirees under sweeping retirement village
reforms
Retirement village residents will be the big winners
under a series of proposed NSW Government reforms to the sector,
Minister for Better Regulation Matt Kean said. The Government
welcomed the "Greiner Report", and will take immediate
action to implement the majority of the recommendations (24 June
2018).
More...
Stronger laws for off-the-plan purchasers
NSW home buyers purchasing residential properties
off-the-plan will benefit from stronger protections under new laws
set to be introduced to Parliament in the second half of the year.
The proposed changes to the Conveyancing Act that affect
disclosures, cooling off periods, holding of deposits and sunset
clauses (23 June 2018).
More...
Urban Taskforce: South Sydney report on Affordable
Housing misses opportunities
The City Futures report on the Affordable Rental Housing
State Environmental Planning Policy (ARHSEPP) for
the South Sydney Regional Organisation of Councils recommends that
this policy document be replaced but all it needs is modifications
to make it more useful (22 June 2018).
More...
Tougher penalties for water theft in NSW
Corporations illegally taking water in NSW could face
penalties of up to $5 million and individuals facing $500,000
fines, as part of tough new laws to protect the state's most
precious asset (21 June 2018).
More...
Budget boost for conservation
A $50 million commitment in today's Budget
effectively doubles the amount the NSW Government spends to
purchase conservation land over 5 years (19 June 2018).
More...
$196m for a healthier environment
The NSW Government has committed $196 million in the
2018-19 Budget to protect the health of the environment, reduce
waste and strengthen recycling, Environment Minister Gabrielle
Upton has announced (18 June 2018).
More...
$1 billion to improve liveability
Communities will have access to more green open spaces
and playgrounds, as part of the State Government's commitment
to improving the liveability of NSW (19 June 2018).
More...
NSW budget 2018: No changes for NSW home buyers,
property investors or renters
Less than two years ago the housing affordability crisis
was labelled "the biggest issue" for people across NSW,
there was little new announced to address the issue at the state
budget on Tuesday (19 June 2018).
More...
Queensland
Queensland ban on single use plastic bags now in
effect
Historic change to reduce plastic pollution in Queensland
has now come into effect, with the Palaszczuk Government's ban
on single-use lightweight plastic shopping bags now in place across
the state (01 July 2018).
More...
Palaszczuk Government helps to fast track energy storage
industry
Queensland's renewable future is taking another step
forward with the Palaszczuk Government looking for businesses to
help fast track battery energy storage (28 June 2018).
More...
Giant water battery' gets conditional approval for
$500m loan
A solar farm in far north Queensland receives conditional
approval for a $500 million loan to build and integrate a pumped
hydro storage facility to provide "reliable energy" to
the country at peak demand (23 June 2018).
More...
Townsville Port booming with renewable pipeline
An estimated $4.2 billion pipeline of renewable energy
projects underway or financially committed across Queensland are
driving up business through the Port of Townsville (20 June 2018).
More...
Minister steps in after council rejects $1.2bn
Queensland island development
The developers behind the $1.2 billion Hummock Hill
Island resort remain optimistic about the project despite Gladstone
Regional Council rejecting its development application earlier this
year (19 June 2018).
More...
Winten submit new plans for Main Beach apartment
tower
Sydney-based developer Winten Property Group has
submitted a second round of design plans in Main Beach, this time
opting for a conventional apartment tower over an earlier more
futuristic design (19 June 2018). More...
Second chance for Hummock Hill Island resort
proposal
A proposed $1.2 billion tourism project on Hummock Hill
Island will undergo a new assessment following Ministerial approval
for the independent Coordinator-General to step in and become the
decision-maker on the development application (19 June 2018).
More...
In practice and courts
Commonwealth
PCA: Changes to GST for property settlements and other
property changes from 1 July
Buyers of new residential property after 1 July 2018 need
to be aware they will be responsible for making sure the GST on
their purchase is paid to the ATO as part of the purchase
settlement process. The change to GST payment is the biggest of a
number of federal and state property- related changes that come
into effect on 1 July. Other state property changes are outlined
here.
Department of Environment and Energy: Current
Consultations
Call for submissions of case studies on action underway
on the environment and energy Sustainable Development Goals. Closes
December 31, 2018.
More...
Victoria
Announcements, Draft Policies and Plans released 2018
Amendment tracking system
DELWP's new digital tool – the
Amendment Tracking System - has gone live providing DELWP and
planning authorities with the ability to lodge, track and pay for
planning scheme amendments online (28 June 2018).
Resource Recovery Infrastructure Fund third round
Up to $3 million is available for infrastructure projects
across Victoria, with grants of between $40,000 and $500,000
available. Round 3 is seeking projects that target food organics,
rigid and soft plastics, paper and cardboard, and e-waste
re-processing as priority materials. Submit your proposal by 31
July 2018.
More...
Approvals
GC86 facilitates the level crossing removal in accordance with
the 'High Street, Reservoir Level Crossing Removal Project,
Incorporated Document, March 2018'.
Melbourne C317 facilitates an amended design introduced by the
'Victoria Police Precinct, Sky Bridges Incorporated
Document – June 2018'.
New South Wales
Announcements, Draft Policies and Plans released 2018
New legislation – Crown Land Management Act
The
Crown Land Management Act 2016 (the Act)
implements
reforms identified through the comprehensive review of Crown
land management and follows over four years of engagement with the
community on the future of Crown land. The Act comes into force on
1 July 2018. All existing Crown land legislation remains in place
until the rest of the new Act commences. The
department's policies guide our decisions and actions in
implementing the legislation.
More...
Draft Design Guide for Heritage
The draft Design Guide for Heritage is now on public
exhibition so community members and industry stakeholders can have
their say on what it should include to ensure heritage is protected
for future generations. Submissions close 17 August 2018.
More...
NSW Low Rise Medium Density Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. The Medium Density Housing
Code commenced on 6 July
2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules.
More...
Note: There will be a three-year transitional
period, where applicants can choose whether to use the Greenfield
Code, or the new simplified Housing Code or Transitional Code
(until 13 July 2019).
Have your say on proposed Housekeeping Amendment to the
State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 (Codes SEPP)
The proposed housekeeping amendment will simplify and
improve the policy, clarify definitions and standards, and address
other minor technical matters raised by stakeholders. Have your say
until 18 July 2018.
More...
Queensland
Announcements, Draft Policies and Plans released 2018
DNRME: Abandoned Mines Discussion Papers:
consultation
Released today, is an opportunity for Queenslanders to
provide feedback on how to manage old mine sites. Two discussion
papers will be released for feedback on a range of reform ideas -
one paper for feedback on how we manage the state's abandoned
mine site and the other for feedback on how to monitor and manage
risks with current mining operations that enter our care and
maintenance, are disclaimed or change ownership. Public submissions
for the reports will close on 16 July.
here
Cases
Victoria
Coloretti v Mount Alexander SC [2018]
VCAT 959
Farming Zone – dwelling associated with
agricultural use – policy for protection of agricultural
land.
Sekhon & Anor v Chandyoke & Anor
[2018] VSC 327
COSTS – Property law – Application for
removal of caveat – Caveat removed – Application for
indemnity costs – Whether circumstances are special or
unusual such as to justify departure from usual 'standards
costs' order – Application for costs against non-party
– Indemnity costs ordered against first defendant – No
costs ordered against non-party – Civil Procedure Act
2010 (Vic) s 29 – Supreme Court (General Civil
Procedure) Rules 2015 (Vic) r 63.23.
New South Wales
Karimbla Properties (No.56) Pty Ltd v The Council of
the City of Sydney [2018] NSWLEC
1301
DEVELOPMENT APPLICATION: Green Square - Concept
development application – Floor space bonus – design
quality.
Jade Developments Pty Ltd v The Hills Shire
Council [2018] NSWLEC
1319
DEVELOPMENT APPLICATION: demolition of an existing
dwelling and tree removal and construction of a residential flat
building; inadequate lot size; excessive density; inadequate
building separation; inadequate building setbacks; inadequate
transition to adjoining properties; inadequate landscaping; poor
apartment mix; solar access; out of character.
Dukor 24 Pty Ltd v Northern Beaches
Council [2018] NSWLEC
1315
Development Application: Residential care facility,
deferred matter, desired future character, retention of distinctive
environmental features; protection of flora.
Rogers v Inner West Council
[2018] NSWLEC 1305
MODIFICATION APPLICATION – application to delete a
condition of consent – consent granted by the Court following
agreement reached by the parties –condition stating future
occupants not eligible for resident parking scheme or parking
permits – broad discretion to consider whether condition
should be removed on principle or merit – whether condition
is appropriate – condition an unreasonable fetter on the
exercise of the Council's discretionary power – condition
not supported by a planning purpose.
Al Maha Pty Ltd v Huajun Investments Pty
Ltd [2018] NSWCA
137
COURTS – proceedings seeking judicial review of a
decision of a Commissioner of the Land and Environment Court
– application to transfer proceedings from the Court of
Appeal to the Land and Environment Court – whether transfer
is appropriate.
Staldone Corporation Pty Ltd v Lane Cove
Council [2018] NSWLEC 1303
DEVELOPMENT APPLICATION: demolition of three dwelling
houses and associated structures, construction of a part 4 and 5
storey residential flat building; condition relating to the
imposition of a deferred commencement condition ramp grade.
Damilabe Pty Ltd v Gunnedah Shire Council
[2018] NSWLEC 1295
APPEAL: development application: refused by council;
historical subdivision; clause 4.6 variation; minimum lot size;
zone objectives; agricultural purpose; precedence.
Timpag Investments Pty Limited v Liverpool City
Council [2018] NSWLEC
1296
DEVELOPMENT APPLICATION - characterisation of development
- impact on threatened species and communities - assessment of
impacts - offsets - biodiversity credits - proposed change in
zoning, public interest.
FPG No. 2 Pty Ltd v Randwick City Council
[2018] NSWLEC 1300
MODIFICATION APPLICATION – whether substantially
the same as approved development; amenity impacts to neighbours;
view loss, privacy and acoustic impacts; whether reasonable in
circumstances.
Australian Childcare Solutions v Orange City
Council [2018] NSWLEC
93
APPEAL – appeal against Commissioner's decision
on questions of law – refusal of development consent for
childcare centre – whether Commissioner misdirected herself
and asked the wrong question in construing provisions of
development control plan – whether Commissioner substituted
her own test for the test in development control plan –
Commissioner did not err on question of law in construing and
applying development control plan.
Wollar Progress Association Incorporated v Wilpinjong
Coal Pty Ltd [2018] NSWLEC
92
JUDICIAL REVIEW: judicial review of a State Government
approval – where Minister delegated approval to Planning
Assessment Commission – alleged that the delegate failed to
take into account a mandatory relevant consideration and/or failed
to exercise jurisdiction by failing to consider the totality of the
subject matter in the Development Application in exercising power
under s.79C(1) of the Environmental Planning and Assessment Act
1979 (NSW), and/or applying cl 14(2) of the State
Environmental Planning Policy (Mining, Petroleum Production and
Extractive Industries) 2007.
Minister for Local Government v Blue Mountains City
Council [2018] NSWCA
133
COURTS - jurisdiction - Land and Environment Court -
whether Class 4 of jurisdiction of Land and Environment Court
exclusive to that Court - whether Supreme Court had jurisdiction to
give injunctive relief for apprehended breach of Local
Government Act 1993 (NSW) EQUITY - injunctions - interim and
interlocutory injunctions - appropriateness of ex parte application
- form of order - onus upon moving party to renew interim order
obtained ex parte LOCAL GOVERNMENT - power to suspend Council -
Local Government Act 1993 (NSW), ss.438I and 438K - power
to suspend required Minister to reasonably believe that appointment
of interim administrator necessary to restore proper or effective
functioning of council - Minister notified Council of intention to
appoint administrator and invited submissions - whether necessary,
at time notifying of intention to appoint administrator, to hold
belief that appointment was necessary to restore proper or
effective functioning of council - whether factual error in
Minister's notice gave rise to serious question to be tried
that exercise of power would be vitiated.
Queensland
Nerinda Pty Ltd v Redland City Council
[2018] QCA 146
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where on an appeal by submitters from the
Council's approval of a development application, the Planning
and Environment Court refused a development application on the
basis of conflict with the relevant planning scheme – where a
draft new planning scheme, which essentially replicated the
existing planning scheme, had been made publicly available for
inspection by the time the Council approved the application, but
was not in force, including by the time of the appeal – where
the Council led expert evidence, and argued, that its planning
scheme provisions were deficient, due to population growth, and
supported approval of the development application on public
interest grounds, despite the conflict – where the Planning
and Environment Court found there was significant force in the
expert evidence discrediting the contemporary planning for the
area, but found that the evidence, and the Council's arguments,
were diluted by the fact of replication of the existing scheme in
the new draft scheme, and that it was a matter for the Council to
address perceived deficiencies in its scheme, not the Court –
whether the Planning and Environment Court erred in law in giving
weight to the draft planning scheme under s.495(2)(a) of the
Sustainable Planning Act or, by inference, under the Coty principle
– whether the Planning and Environment Court erred by failing
to perform the role imposed on the Court by ss.326 and 329 of the
Sustainable Planning Act, standing in the shoes of the Council in
its capacity as the assessment manager (in contrast to its role as
the planning authority).
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF CONSENT
AUTHORITY – GENERALLY – MATTERS TO BE CONSIDERED
– whether the Planning and Environment Court erred, by taking
into account an irrelevant consideration, namely the potential
economic impact of the development on nearby existing or future
centres, in the absence of a finding of any prospect of a resultant
overall adverse effect upon the extent and adequacy of facilities
available to the local community if the development were approved
– whether the Planning and Environment Court erred in its
application of the decision rules in relation to an application for
preliminary approval under s.242 of the Sustainable Planning
Act.
New Acland Coal Pty Ltd v Ashman
[2018] QLC 17
ENERGY AND RESOURCES – MINERALS – COURT
EXERCISING JURISDICTION IN MINING MATTERS – applications for,
and objections to, mining leases and related environmental
authority – where the Member recommended the applications be
refused – where Judicial Review of that decision by a Judge
of the Supreme Court of Queensland remitted the matter back to the
Land Court, before a different Member, on a limited basis –
where an objector appealed the Judicial Review decision –
where the miners cross-appealed the Supreme Court decision,
contingent on the success of the objector's appeal –
where, at the directions hearing for the remitted hearing, the
objectors requested the remitted hearing be adjourned until the
appeal is determined – whether proceeding with the remitted
hearing would result in wasted effort and costs, and undue stress
and uncertainty – whether delay in the remitted hearing would
prejudice the miner –whether it is in the interests of
justice to proceed with the remitted hearing – where the
application for an adjournment was dismissed – where
directions were made for the remitted hearing to proceed.
GBW Investments Pty Ltd v Brisbane City
Council [2018] QPEC
033
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a change application to a development approval
granted with respect to a multi-unit dwelling and adjacent heritage
building – where council refused the change on the basis that
it was not minor – whether the proposed change increases the
severity of known impacts on the heritage place – whether the
proposed change results in a dramatic change to the built form in
respect of scale and bulk.
Parmac Investments Pty Ltd v Brisbane City
Council [2018] QPEC 032
PLANNING AND ENVIRONMENT – APPEAL – where the
appellant seeks approval for a service station in the Environmental
management zone – where the council refused the development
application – whether the proposed development is of a scale
that is compatible in the zone – whether the proposed
development supports existing concentrations of commercial-type
development – whether the proposed development meets other
locational requirements for location in the zone – whether
the proposed development will have an unacceptable visual amenity
impact – whether the proposed development would have an
unacceptable impact in terms of air, noise and lighting –
whether the proposed access arrangements are unsafe – whether
there are relevant matters such as need that support approval of
the proposed development.
Legislation
Victoria
Bills
Environment Protection Amendment Bill 2018
Introduced into Parliament 2nd reading moved
20/6/18.
Flora and Fauna Guarantee Amendment Bill 2018
Passed 21/6/18 introduced and 2nd reading moved
21/6/18.
Acts
Marine and Coastal Act 2018
Date of assent: 26 June 2018 Act Number: 26/2018.
Victorian legislation can be accessed here.
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.
