In the media – National
CSIRO report shows cheap renewables solution to gas
crisis
Renewable technology is the cleanest, cheapest and fastest
solution to Australia's energy price crisis, according to the
latest CSIRO report released today. The 'Electricity
Transformation Roadmap' finds that Australia can generate
electricity with zero carbon emissions by 2050 by embracing more
large-scale renewable technologies such as wind, solar and storage
(28 April 2017).
More...
Re-deployable solar taps into regional
Australia
The Turnbull Government is providing $2.1 million through
Australian Renewable Energy Agency to support the deployment of a
1MW movable solar farm, at Maitland, in the Lower Hunter Valley,
NSW. SunSHIFT, developed by Laing O'Rourke, is a re-deployable
solar technology that can be easily packed up and moved to
accommodate short-term energy needs (20 April 2017).
More...
Why 3D modelling is the way forward for better planning
outcomes
Giving the community tools to better visualise development
proposals through 3D modelling of our cities is essential,
according to Planning Institute of Australia Queensland (27 April
2017).
More...
Performance Framework for Australia's major
cities
The Federal Government is building a National Cities Performance
Framework to measure improvements in Australia's largest
cities. The Performance Framework will link to the Australian Government's
National Map, using the powerful open data tool to provide new
insights into Australia's economic geography (26 April 2017).
More...
Further information on the National Cities Performance Framework, Cities Reference Group and Smart Cities Plan is available at the Smart Cities website. See details on the Cities Reference Group.
In the media – Victoria
Regional Rail Revival: Budget 2017/18
Since 2015, the Victorian Government has invested $1.3 billion in
regional rail, including the $440 million Murray Basin Rail Project
and the $518 million Ballarat Line Upgrade. Plans to deliver
further improvements to regional Victoria's rail network area
outlined here (30 April 2017). More...
Plan to Partner with the Private Sector on Airport
Rail
Both Melbourne Airport and Southern Cross Station are privately
operated and there is significant market interest in building a
light or heavy rail link between these two important transport
hubs. The plan will undertake a detailed assessment of the best
route for an airport rail link, how much it would cost and how best
to fund and deliver it (30 April 2017).
More...
Building Melbourne's Missing Link
The Victorian Budget 2017/18 provides the first $100 million for
the North East Link to complete critical design, planning, and
preconstruction works before contracts are signed in 2019. Work
will start immediately – spearheaded by the expert North East
Link Authority (26 April 2017).
More...
Gurner calls on Supreme Court to address VCAT's
Planning Proposal Rejection
Property development company Gurner have lodged papers with the
Supreme Court after a recent VCAT decision denied a planning permit
for the redevelopment of Johnston Street's The Spanish Club.
VCAT has issued its rejection of the permit on the grounds that in
its current location, the flue was in an unacceptable position for
the proposed development, and failed to meet EPA guidelines and is
also a non-conforming use within the current mixed use zoning (26
April 2017).
More...
In the media – Queensland
Burdekin Falls Dam hydro-electricity to power North
Queensland: Premier
The Palaszczuk Government will invest to develop a business case
for a hydro-electric power station on the State's largest dam -
Burdekin Falls Dam - to secure energy and support jobs for North
Queensland (29 April 2017).
More...
PCA: Brisbane Metro submission
The Property Council has provided the industry's input into
Brisbane City Council's Brisbane Metro project consultation.
While supporting Brisbane City Council investment in public
transport infrastructure, the Property Council expressed the need
for a wider traffic management plan and the importance of
maintaining vehicle access to buildings along the proposed route
(27 April 2017).
More...
Renewable energy to light up Gladstone
Expressions of interest are now being sought from the renewable
energy industry to transform a 1,248 hectare site near Gladstone.
In releasing the EOI documents, Deputy Premier and Minister for
Infrastructure and Planning Jackie Trad said the project has the
potential to generate an immense amount of energy, not only for the
Gladstone region, but for the entire State (20 April 2017).
More...
CSG could increase methane emissions on Condamine River,
report warns
An Energy Institute report looking at bubbling methane emissions
in a Queensland river finds the release of such gases could rise
significantly with continued coal seam gas mining (17 April 2017).
More...
In practice and courts – Victoria
Queen Victoria Markets - Call for
Comments
The Australian Heritage Council is assessing the Queen Victoria
Markets for potential inclusion on the National Heritage List.
Comments close 14 July 2017.
More...
Notice of the preparation of an amendment - Amendment
C258
The land affected by the amendment is all land within the
Melbourne municipal area affected by a Heritage Overlay and land in
West Melbourne. The Amendment proposes to replace the existing A to
D heritage grading system with the Significant / Contributory /
Non-contributory grading system and implements the recommendations
of the 'Heritage Policies Review 2016'. Any person who may
be affected by the Amendment may make a submission to the planning
authority about the Amendment. The closing date for submissions is
12 May 2017.
More...
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released 2017
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 has been
extended to 22 May 2017. Click
here for the consultation questions.
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2017
ARITA casenote: Super priority for the State: Qld
environmental protection legislation trumps liquidators'
disclaimer
In Re
Linc Energy Ltd (in Liq): Longley & Ors v Chief Executive
Dept of Environment & Heritage Protection [2017] QSC
53, the Queensland Supreme Court has delivered a judgment which
has significant consequences for the liquidation of companies
exposed to enforcement measures of state governments under
environmental protection legislation. The decision also puts
liquidators on notice of their own personal exposure as
'executive officers' under state environmental protection
legislation.
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 (27 April
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 (27 April 2017).
Economic Impact Guidelines for Qld Major Projects
Released
The Queensland Government has released
the first guidelines for Economic Impact Assessment for major
or coordinated projects to inform proponents, key stakeholders and
the community about the information required for the
Coordinator-General to evaluate the economic impacts of the project
(24 April 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 commenced 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
Meade v Indigo SC [2017] VCAT 530
Section 79 Planning and Environment Act 1987; Clause
52.02 Indigo Planning Scheme; Removal of Easement; Right of Way;
Whether the right of way is a road or a public highway; Interests
of Affected People.
Cases – Queensland
Moreton Bay Regional Council v Caseldan Pty Ltd [2017] QCA
072
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL –
CONTROL OF PARTICULAR MATTERS – ROADS – where the
resumed land was surrounded by land owned by the applicant within a
Sports and Recreation Zone – where the applicant made a
material change of use application to itself in relation to this
land for development purposes – where the application
included the construction of an internal road which would provide
access to the resumed land – where the Land Appeal Court
found that the Land Court member erred in holding the concurrence
agency could not impose an access condition on the applicant's
development application under the Sustainable Planning Act
2009 ("SPA") – where the Land Appeal Court
adopted by analogy the decision in Intrapac Parkridge Pty Ltd v
Logan City Council ("Intrapac") – where the
applicant contends that the decision in Intrapac would suggest to a
prudent purchaser that the prospect of an access condition being
imposed on the applicant was "highly likely" –
where the applicant contends that the facts in Intrapac are
materially different to the current matter – where the
applicant contends that the Land Appeal Court thereby erred in
reaching a view of what a hypothetical purchaser would think
– whether the Land Appeal Court erred in adopting Intrapac by
analogy – whether the alleged error amounts to an error of
law.
ENVIRONMENT AND PLANNING – ENVIRONMENT AND PLANNING –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF CONSENT
AUTHORITY – GENERALLY – CONSIDERATION OF PLANNING
SCHEMES – where the resumed land was surrounded by land owned
by the applicant within a Sports and Recreation Zone – where
the applicant made a material change of use application to itself
in relation to this land for development purposes – where the
proposed use conflicted with the applicable planning scheme –
where s 326 SPA requires an assessment manager's decision not
to conflict with the applicable planning scheme unless there are
sufficient grounds to justify departure – where the applicant
contends the Land Appeal Court had regard to the zoning of land in
contemplating the application's prospect of success –
where the definition of "grounds" in Schedule 3 SPA does
not include the zoning of land – whether the Land Appeal
Court incorrectly interpreted the SPA provisions as allowing an
assessment manager to take zoning into account – whether the
Land Appeal Court erred in envisaging that a hypothetical purchaser
would have regard to zoning as an obstacle to obtaining approval
– whether the alleged errors amounted to errors of law.
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND –
COMPENSATION – OFFERS – where evidence of nine
unaccepted offers for the resumed land was adduced before the Land
Court member – where the Land Court member placed no weight
on the offers because five were conditional, three were not
regarded as genuine ("the Comiskey offers") and one was
aged ("the Flaskas offer") – where the Land Appeal
Court disagreed with the member's conclusion as to the
genuineness of the Comiskey offers – where the Land Appeal
Court did not adopt the evidence of either of the two valuers'
respective valuations – where the Land Appeal Court's
final valuation reflected the Comiskey offers, the Flaskas offer
and one of the conditional offers – whether the Land Appeal
Court adopted a valuation methodology based on the unaccepted
offers – whether the Land Appeal Court erred in having regard
to verbal offers – whether the Land Appeal Court erred in
having regard to conditional offers – whether the Land Appeal
Court erred in incorrectly characterising a conditional offer as an
unconditional offer – whether the incorrect characterisation
vitiated the valuation of the Land Appeal Court.
Gillion
Pty Ltd v Scenic Rim Regional Council [2017] QPEC
024
PLANNING AND ENVIRONMENT – Application for to proceed with
changed development application - "permissible change"
–– Whether "substantially different
development" under s 367(1)(a) of SPA – nature and scope
of change compared to original proposal – proposal premised
on various operational constrains to be secured by conditions.
Body Corporate for Mayfair Residences v Brisbane City
Council [2017] QPEC 022
PLANNING AND ENVIRONMENT – appeal against approval of a
development application for material change of use – proposed
development for re-use of heritage place, office, health care
services and food and drink outlet – whether there is
conflict occasioned by bulk and scale – whether there is
conflict with the planning intent for the Petrie Terrace and Spring
Hill Neighbourhood Plan area - whether there will be unacceptable
amenity and character impacts – whether cultural heritage
significance is protected - whether there are sufficient grounds to
approve the proposed development despite conflict with the planning
scheme – whether there is a need for the proposed
development.
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.
