In the media
Nathers: New Assessor Accrediting Organisation
On behalf of the NatHERS Steering Committee, the NatHERS
Administrator has granted provisional accreditation to a new
Assessor Accrediting Organisation (25 July 2019)
More...
Could a class action be brought for presumptive damages
to the Great Barrier Reef?
With an increase in litigation funding in Australia and
royal commissions abound, it is pertinent to ponder whether a
proactive class action can be brought for social justice matters
such as environmental toxic torts (12 July 2019).
More...
Australia's largest passive house: The
groundbreaking home that will change the way we build
The team at sustainability-focused Brisbane building firm
Solaire Properties has set itself a sizeable task - building a
mammoth passive house, designed by award-winning architect Joe
Adsett and adapted to meet stringent international design and
building criteria (15 July 2019).
More...
Not in our backyard: Locals battling councils over
high-rise plans
Families across the country are banding together as
councils and developers move to build multi-storey dwellings in
their suburbs that would "destroy the city" (25 July
2019).
More...
A patchwork of City Deals or a national settlement
strategy: what's best for our growing cities?
Sometimes the Commonwealth claims to have no
constitutional case for involvement in city planning. Yet we're
comfortable with spatial planning at the local, metropolitan and
regional scale, so planning at the national level makes sense too
(24 July 2019).
More...
What can our cities do about sprawl, congestion and
pollution? Tip: scrap car parking
While car parking was a non-negotiable amenity for baby
boomers, it is an eyesore to millennials and the up-and-coming
iGen. Newer generations want more city and fewer cars. Globally,
scrapping car parking is the latest trend in urban planning (24
July 2019).
More...
Australia's solar industry is booming, but so is the
amount of valuable waste going to landfill
At the moment, there are no laws regulating the solar
industry's waste, but experts have predicted there could be a
whopping 1,500 kilotons of it by 2050 (23 July 2019).
More...
Commonwealth Bank of Australia announces first
sustainability-linked loan
The operator of Gold Coast Airport will be incentivised to
reduce carbon emissions under an innovative new financing agreement
with the Commonwealth Bank. Of the $150 million of funds committed
by the Commonwealth Bank, $75 million is in the form of a
sustainability-linked loan, which includes the potential for a
margin reduction for QAL, providing the airport meets targets
linked to a reduction in carbon-emissions intensity (19 July 2019).
More...
NSW
Coal operator's dire warning amid push to expand
under Sydney water catchment
Jobs growth versus environmental concerns reignite with a
coal company's proposed expansion under Sydney's water
supply (26 July 2019).
More...
'Unduly prominent': The Star's gamble on
luxury hotel tower in doubt
The Star's ambitious $530 million plan to build a
luxury hotel and residential tower on its Pyrmont casino site
appears unlikely to proceed (26 July 2019).
More...
Overflows of millions of litres of untreated sewage
costs Sydney Water Corporation $269,500 in penalties
The Land and Environment Court has convicted Sydney Water
Corporation of three offences over two sewage overflow incidents
that occurred in 2017, following prosecution by the NSW Environment
Protection Authority (19 July 2019).
More...
The pulse of Greater Sydney demonstrates that public
transport needs urban density
The Greater Sydney Commission's new measurements
across Greater Sydney demonstrates how the swing to public
transport works best with more apartments, says the Urban
Taskforce. The GSC report indicates that the Eastern City has 49
percent apartments and that 50 percent of travel to work in the
Eastern City is by public transport (16 July 2019).
More...
Queensland
Grid-like suburbs and fewer cul-de-sacs in proposed
Queensland neighbourhood plan
New residential developments in Queensland would have
fewer cul-de-sacs, more grid-like blocks, as well as parks and
buses within a five-minute walk, under a proposed State Government
planning code that hopes to get people moving (21 July 2019).
More...
XXXX brewery gets 15-year extension to protect beers
from jeers
The Queensland government has granted the XXXX brewery a
15-year exemption under section 267 of the Planning Act, to protect
it from neighbour's complaints about the noise, smell and light
(18 July 2019).
More...
Sustainability-linked loans first of kind for Australian
airport
Airport operator Queensland Airports Limited has secured
financing for the Gold Coast Airport redevelopment, with $100
million of the funds in the form of sustainability -linked loans.
The loans from Commonwealth Bank and Westpac – based on
carbon accreditation through the Airports Council International
program and a reduction in carbon emissions (17 July 2019).
More...
Queensland Government prosecuting Adani over
'misleading information'
Mining giant Adani is being accused of providing false
information to Queensland's environment department over land
clearing at the site of its proposed Carmichael mine (16 July
2019).
More...
Victoria
New $260,000 fund for heritage building
restoration
The City of Melbourne is inviting heritage building owners
to apply for a new $260,000 fund that will provide support to
undertake restoration works on community-owned and landmark
buildings (22 July 2019).
More...
SKM Coolaroo compliant following EPA inspections
EPA has revoked a notice issued to recycler SKM Services
Pty Ltd that applied to its Coolaroo site, following inspections by
EPA officers on Wednesday 17 July that determined the site had been
brought back into compliance with the Victorian Waste Management
Policy (18 July 2019).
More...
Victoria to spend $600m to strip flammable cladding from
hundreds of buildings
Hundreds of millions of taxpayer dollars will be spent to
deal with the flammable cladding crisis in Victoria, where about
500 buildings need rectification work to be made safe (16 July
2019).
More...
In Practice and Courts
CRCLCL: Low Carbon Home and Building Guides
launched
The CRC for Low Carbon Living has launched a suite of low
carbon living guides offering consumers and professionals easy to
use information on low carbon homes and buildings (15 July 2019).
More...
Announcements, Draft Policies and Plans released 2019
NSW
NSW Land and Environment Court
The Court's
Annual Review for 2018 is now available (12 July 2019).
Reminder: Land and Environment Court news
The Civil Procedure Amendment (Fees) Regulation 2019 and
Criminal Procedure Amendment (Fees) Regulation 2019 has increased
the Court's fees by 1.75% effective as of 12 July 2019.
More...
The Low Rise Medium Density Housing Code deferred
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been amended to
extend for a further short period, until 31 October 2019. For
landowners, pending recommendations of the review, landowners in
deferred council areas will not be able to use the Code to lodge a
complying development application for dual occupancies, manor
houses or terraces until 1 November 2019 (or 1 July 2020 in the
City of Ryde).
More...
New dates for Environmental Planning & Assessment
Act updates
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
Victoria
Digitisation of all Planning Schemes complete
The gazettal of amendment GC130 represents the completion
of the DELWP project to migrate all 82 Victorian planning schemes
documents into the Amendment Tracking System
(ATS). All planning authorities can now draft
amendments to planning schemes using the ATS system. A range of
resources, including user guides, how-to videos and ATS training
documents are available at
ATS Authoring resources web page (25 July 2019).
Note: local provision templates are now contained in ATS and new
Amendments must be drafted using the ATS system before submitting
to the department for authorisation.
CES: Melbourne Planning Summit 2019
Included discussion and recommendations from the Victorian
State of the Environment 2018 Report tabled in March 2019. Topics
included the Commissioner's 'top 3' priorities;
biodiversity, climate change impacts and waste and resource
recovery (22 July 2019).
More...
PIA PLANET
A session designed to help attendees develop town
planning, urban design and infrastructure solutions through smart
city thinking and application (7 Aug 2019).
More...
Cases
NSW
NSW Commissioner of Police v Rabbits Eat Lettuce Pty
Ltd [2019] NSWCA 182
PLANNING AND ENVIRONMENTAL LAW – Land and
Environment Court – jurisdiction – condition of consent
provided that music festival must not proceed if Commissioner of
Police advised it was unsafe – whether Class 1 appeal lay
from Commissioner's decision – whether decision concerned
an aspect of development required to be carried out to the
satisfaction of consent authority or any other person –
comparison of (former) s 97 and current s 8.7 of Environmental
Planning and Assessment Act 1979 (NSW) – decision did
not fall within s 8.7
Vujicic v Northern Beaches Council
[2019] NSWLEC 1349
DEVELOPMENT APPLICATION – boarding house
–consent orders – character – owners consent
– easement – amenity
McNally v Serbos [2019] NSWLEC
1354
(2) The Part 2A application is granted.
TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – damage
and injury – obstruction of sunlight and views – orders
for pruning. Trees (Disputes Between Neighbours Act) 2006
(NSW)
Cavanagh v Wollondilly Shire Council
[2019] NSWLEC 105
CIVIL PROCEDURE: application for the determination of
a separate question of law – question if resolved in favour
of the council is entirely dispositive of the proceedings –
delay in applying for the separate question – proceedings set
down for two day hearing – substantial savings in terms of
experts' costs and legal fees if separate question resolved in
favour of council – application granted.
Canterbury-Bankstown Council v Sydney Tools Pty
Ltd [2019] NSWLEC 103
CIVIL ENFORCEMENT: Two premises used for warehousing
and distribution – alleged breaches of conditions of historic
development consents – construction of conditions of consent
– concessions and admissions made by Respondents –
rectification of past breaches – declaratory and injunctive
relief declined, through lack of utility – Respondents
ordered to pay Council's costs of proceedings.
Landmark Group Australia Pty Ltd v Council of the City
of Sydney [2019] NSWLEC
1338
DEVELOPMENT AND MODIFICATION APPLICATIONS – mixed
use development across three building envelopes approved by Stage 1
concept consent – detailed design seeks modification to
approved concept consent including to conditions – Court
approved Stage 1 on basis of s 34 agreement – whether design
achieves design excellence – height non-compliance –
adequacy of clause 4.6 – adjoining heritage item –
solar access – natural cross ventilation – future
amenity of apartments – neighbour objections
Alexandria Landfill Pty Ltd v Roads and Maritime
Services; Boiling Pty Limited v Roads and Maritime
Services (No 6) [2019] NSWLEC
98
COMPULSORY ACQUISITION: compensation payable for
acquisition of two lots in St Peters – site used for
landfilling and waste operations – hypothetical development
concepts for highest and best use of Lot 2 – Discounted Cash
Flow valuation methodology employed – claims for losses
attributable to disturbance – claims for special value
– claims based on agency – construction of s 59(1)
Land Acquisition (Just Terms Compensation) Act.
Captive Vision Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1331
JOINDER – application for joinder – Crown's right to appear
Environment Protection Authority v Sydney Water
Corporation [2019] NSWLEC 100
ENVIRONMENTAL OFFENCE: pollution of waters –
breach of environment protection license – plea of guilty
– discharge of sewage effluent – sentencing principles
– determination of the objective seriousness of the offence
– extent of environmental harm – application of De
Simoni principle – test for criminal negligence –
whether criminally negligent – subjective circumstances of
the defendant – prior convictions – discount for early
guilty plea – assistance to authorities – comparable
cases – monetary penalty imposed – publication orders
made, including on social media – costs orders made.
Queensland
Room2Move.com Pty Ltd v Western Downs Regional
Council [2019] QPEC 34
PLANNING AND ENVIRONMENT – APPEAL – where
appeal against decision to refuse an extension application under
s.87 of the Planning Act 2016 – whether the currency
period for a development approval for non-resident workforce
accommodation should be extended – whether there is a need
for the development approval – whether the development
approval would cut across the respondent's forward
planning
Planning Act 2016 (Qld) ss. 45, 60 86, 87 & Schedule
2; Planning and Environment Court Act 2016 (Qld) ss. 43
and 45; Sustainable Planning Act 2009 (Qld) Schedule 1
Brookside Estate Pty Ltd v Brisbane City Council &
Anor [2019] QPEC 33
PLANNING AND ENVIRONMENT – APPEAL – where
the respondent approved a subdivision intended to be developed by
the co-respondent – where appellant has appealed against that
decision – where the notice of appeal raised a number of
issues – stormwater – bushfire hazard – traffic
– conflict with the Planning Scheme – where central
issue was whether proposed development provided sufficient
connectivity and integration with surrounding land uses and
infrastructure
Sustainable Planning Act 2009 (Qld); Planning and Environment Court Act 2016 (Qld); I (Qld)
The Village Retirement Group Pty Ltd v Brisbane City
Council [2019] QPEC 32
PLANNING AND ENVIRONMENT – APPLICATION
–where appellant appeals against the respondent's
decision to refuse a development application – where
respondent sought an order defining the issues in dispute –
whether the order should define the issues in dispute by reference
to provisions of the respondent's planning scheme that were not
cited in the reasons for refusal – whether the respondent was
required to seek leave to rely upon provisions in its planning
scheme that were not cited in the reasons for refusal –
whether leave should be granted.
Planning Act 2016 (Qld) ss. 45, 60, 63 and 230;
Planning and Environment Court Act 2016 (Qld) ss.10, 43
and 47
Bond v Chief Executive, Department of Environment and
Science [2019] QCA 137
ENVIRONMENT AND PLANNING – COURTS AND
TRIBUNALS WITH ENVIRONMENT JURISDICTION – QUEENSLAND –
PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS –
PROCEDURE – where the applicant was issued with an
environmental protection order as a related person of Linc Energy
Limited – where the operation of the decision to issue the
environmental protection order was stayed pending the final
determination, by appeal or otherwise, of specified preliminary
matters concerning the order – where the applicant was
subsequently charged with five counts of wilfully and unlawfully
causing serious environmental harm in connection with the
activities of Linc Energy Limited– where the preliminary
matters were determined adversely to the applicant, and the
applicant in turn applied to stay the operation of the decision to
issue the environmental protection order pending the final
resolution of the criminal prosecution – whether the decision
to refuse the stay was infected with legal error – whether
substantial injustice would arise unless leave to appeal was
granted – whether the environmental protection order should
be stayed pending the final resolution of the criminal
prosecution
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE –
where the applicant was issued with an environmental protection
order as a related person of Linc Energy Limited – where the
operation of the decision to issue the environmental protection
order was stayed pending the final determination, by appeal or
otherwise, of specified preliminary matters concerning the order
– where the preliminary matters were determined adversely to
the applicant, and the applicant in turn applied to stay the
operation of the decision to issue the environmental protection
order pending the final resolution of his substantive appeal
against the order – whether the decision to refuse the stay
was infected with legal error – whether substantial injustice
would arise unless leave to appeal was granted – whether the
environmental protection order should be stayed pending the final
resolution of the applicant's substantive appeal against that
order
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE –
where the applicant was issued with an environmental protection
order as a related person of Linc Energy Limited – where the
operation of the decision to issue the environmental protection
order was stayed pending the final determination, by appeal or
otherwise, of specified preliminary matters concerning the order
– where the preliminary matters were determined adversely to
the applicant, and the applicant applied to have a further matter
heard and determined separately from his substantive appeal against
the environmental protection order – whether the decision
refusing to allow a further matter to be heard and determined
separately from the substantive appeal was infected with legal
error – whether substantial injustice would arise unless
leave to appeal was granted – whether the specified further
matter should be heard and determined separately from the
substantive appeal against the environmental protection order
Environmental Protection Act 1994 (Qld); Evidence Act
1977 (Qld) s 79; Planning and Environment Court Act
2016 (Qld) s 63; Uniform Civil Procedure Rules 1999 (Qld) r
761
Victoria
Madiklumi Pty Ltd v Environment Protection
Authority [2019] VCAT 1092
Section 31A of the Environment Protection Act
1970; Industrial Waste Management Policy (Protecting the Ozone
Layer); Requirement to avoid or minimise emissions to the
atmosphere of an ozone depleting substance; Use of methyl bromide
in fumigation of fresh produce at premises at the Melbourne Market,
Epping; Whether there is a practicable alternative; Whether it is
practicable to recover and either reuse, recycle or destroy methyl
bromide
Disability Sports and Recreation Limited v Yarra
CC [2019] VCAT 1070
Application under section 80 of the Planning and
Environment Act 1987. Yarra Planning Scheme. Seven storey
building for mixed use. Deletion of level 5. Built form. Heritage.
Amenity
Anderson v Stonnington City Council
[2019] VSC 453
PLANNING – Decision of the Victorian Civil and
Administrative Tribunal – Heritage overlay control –
Whether works under building permits issued before heritage overlay
control introduced created an accrued right – Lawfulness of
ongoing building works – Whether planning permit needed
– Victorian Civil and Administrative Tribunal Act
1998 (Vic) s 148; Planning and Environment Act 1987
(Vic) s 6(3); Interpretation of Legislation Act 1984 (Vic)
s 28(2)(e); Stonnington Planning Scheme cl 72.06 (formerly cl
61.05).
Legislation
Great Australian Bight Environment Protection Bill
2019
Senate: Second reading moved 25 July 2019
The Great Australian Bight Environment Protection Bill 2019 seeks
to protect the Great Australian Bight from environmental damage
resulting from mining activities and begin the process of World
Heritage Listing the Great Australian Bight
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.
