In the media – National
Chinese rubbish ban 'could see end of kerbside
recycling' in Australia
Australia's recycling industry feels the impact of China's
ban on some imported recyclable rubbish, with industry leaders
warning they cannot keep collecting recycling if there's
nowhere for it to go (08 February 2018).
More...
In the media – Victoria
Protecting communities and the resources Victoria
needs
The Andrews Labor Government is ensuring quarries around the state
are ready to supply raw materials for the new railways, roads,
houses, hospitals and schools being built across the state. Through
the project, the Government will partner with South Gippsland Shire
and Wyndham City councils to undertake geoscientific
investigations, to identify high quality extractive resources (09
February 2018).
More...
In the media – New South Wales
New social and affordable housing for Green Square
CEFC finance will help leading community housing provider SGCH build over 80 new energy efficient social and affordable units, following the purchase of land at Alexandria from City of Sydney (06 February 2018). More...
Snapshot: Housing funding in the Hunter
Parliamentary Secretary for Planning and the Hunter, Scot MacDonald MLC, is encouraging everyone to have their say on a proposed scheme that could see up to $330 million injected into supporting new housing across the Hunter region over the next 20 years (30 January 2018). More...
Promoting the remediation of contaminated land in
NSW
The NSW Government is proposing planning policy improvements that
will provide greater clarity, guidance and consistency for the
remediation of contaminated land. The Department is exhibiting an
Explanation of Intended Effect (EIE) for a new
Remediation of Land SEPP, as well as draft Planning Guidelines and
is seeking comment from the community (30 January 2018).
More...
In the media – Queensland
Community engagement begins on The Spit Master
Plan
The community will have an opportunity to share their experiences
of The Spit and their aspirations for its future at a series of
pop-up engagement sessions throughout February and March as part of
the consultation process for The Spit master plan (01 February
2018).
More...
Indigenous groups return to court over disputed Adani
native title deal
Two Indigenous groups are in Federal Court working to prevent Adani
completing work that would extinguish their native title over part
of the proposed Carmichael mine site (30 January 2018).
More...
'Unusual' trial against Linc Energy over alleged
contamination in Queensland
A landmark case described by a District Court judge as
"unusual" will hear how gas company Linc Energy allegedly
contaminated strategic cropping land causing serious environmental
damage (30 January 2018). More... Linc Energy 'did nothing'
to stop its alleged contamination continuing, court told Gas
company Linc Energy was aware it was causing environmental damage
to parts of Queensland's Western Downs, but allowed operations
to continue, a District Court jury has heard (30 January 2018).
More...
Destruction of Queensland's threatened forests
gathers pace
Laws intended to protect Queensland's most-threatened forests
are failing, with the most vulnerable forests falling even faster
than other forests (29 January 2018).
More...
In Practice and Courts
Funding for the future open to places from the
past
Owners and managers of Australia's places with outstanding
historic heritage significance to the nation can now apply for
funding to help protect, conserve and raise awareness of the
national treasures in their care. Applications are open until 8
March 2018 (02 February 2018). More... More...
Spray Drift Management
This proposed spray drift management approach from the Australian
Pesticides and Veterinary Medicine Authority deals with buffer
zones, label instructions and drift-reducing technologies
(DRT). Submissions are invited until 30 March
2018. More...
Invitation to comment on 10 draft conservation advice
documents
The Threatened Species Scientific Committee is seeking comments on
the proposals for ten frog species. Consultation closes 2 March
2018.
More...
Announcements, Draft Policies and Plans released 2017
Victoria
New Ministerial Direction
The Minister for Planning has issued a new direction -
Ministerial Direction No. 18: Victorian Planning Authority Advice
on Planning Scheme Amendments (08 February 2018).
Updated Practice Note
Planning Practice Note 55: Planning in open drinking water catchments, February 2018 includes updated links and references (08 February 2018).
Updated Planning Practice Notes
Planning Practice Notes 1, 2, 15, 16 and 43 have been updated to reflect Amendment VC142 (25 January 2018).
Planning Permit Activity Reports
The Planning Permit Activity Report for
December 2017 and
Q2 2017-18 are now available (25 January 2018).
New South Wales
Update on the Commencement of the new EP&A Act 01
March 2018
The commencement of the Environmental Planning and Assessment
Act 1979 is scheduled for 1 March 2018. The Department's
website has been updated to provide estimated commencement
timeframes for the new measures. It also includes an unofficial
consolidated version of the updated
EP&A Act which is for information purposes and provides an
initial look at the new Act. Additionally, a
list has been prepared of the most commonly used sections of
the Act that reflects the new numbering system
State Environmental Planning Policy (SEPP) for the
remediation of land and the Contaminated Land Planning Guidelines
Review
The Department is exhibiting an Explanation of Intended Effect
(EIE) for a new Remediation of Land SEPP, as well
as draft Planning Guidelines and is seeking comment from the
community. Submissions are invited by 31 March 2018.
More...
Queensland
PCA: proposed changes to Logan Auxiliary Unit
Policy
The Property Council has provided feedback on the
proposed changes to Logan City Council's Auxiliary Unit
Policy, raising concerns with the proposed minimum lot size
requirements and new infrastructure charges. The Property
Council's submission in response to the proposals can be
accessed here (08 February 2018).
EPBC Referrals: Invitation to comment
Rockhampton, QLD - Development of Clarke Creek Solar Farm and
ancillary infrastructure.
2011/5979 - Port of Townsville Limited/Transport -
Water/Cleveland Bay approx 3km east of Townsville/Queensland/Port
of Townsville - Port Expansion Project – 05/02/2018.
Referrals under the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act) can be
viewed on the Australian Environment Department's
website.
Cases
Victoria
Dobson v Latrobe CC [2018] VCAT 148
Section 77 of the Planning and Environment Act 1987;
Latrobe Planning Scheme; Rural Living Zone Schedule 3; Keeping and
Breeding of Greyhound Racing Dogs; Planning Policy; Noise; Visual
impacts. No permit.
Pirzas v Yarra CC [2018] VCAT 157
Section 77 of Planning and Environment Act 1987; Yarra
Planning Scheme, Neighbourhood Residential Zone
(NRZ1), Heritage Overlay (HO322),
proposed part demolition and first floor extension to a
contributory building; Heritage consideration and amenity impact.
No permit.
Marshall v Nillumbik SC [2018] VCAT 159
Application under Section 77 of the Planning and Environment
Act 1987 to review the refusal to grant a permit; Nillumbik
Planning Scheme; Rural Conservation Zone Schedule 3; Bushfire
Management Overlay; two lot subdivision; consent to re-build two
dwellings destroyed in the Black Saturday bushfires and bushfire
risk.
Western Region Environment Centre Inc v EPA [2018] VCAT
154
The Metropolitan Waste and Resource Recovery Group is joined as a
respondent party in the proceeding. The Western Region Environment
Centre Inc. (WREC) is a community group with a
long-standing interest in the operation of the Wests Road landfill
in Werribee. In the main proceeding, WREC seeks to review the EPA
decision to grant a works approval for an expansion of the existing
landfill, pursuant to s33B of the Environment Protection Act
1970 (EP Act).
Figliola v Mornington Peninsula SC [2018] VCAT
120
Application under Section 77 of the Planning and Environment
Act 1987. Mornington Peninsula Planning Scheme. Four double
storey-dwellings. Internal amenity. Neighbourhood character.
External amenity.
Siciliano v Kingston CC [2018] VCAT 125
Application to review a decision to amend a permit. Section 82 of
the Planning and Environment Act 1987. Kingston Planning
Scheme; Green Wedge Zone A. Chain of parks. Existing use. Capping,
closure and rehabilitation of landfill. Changes to fill heights
proposed. Classic Repeat Appeal Characterisation of use and
development where proposal extends onto adjoining land. Nett
community benefit; Acceptable outcomes; Stormwater and drainage
issues; landscaping.
Queensland
Petty v Brisbane City Council [2018] QPEC
002
APPEAL AGAINST APPROVAL OF DEVELOPMENT APPLICATION – where
appellants local residents of the suburb of Camp Hill – where
the respondent, the Brisbane City Council, approved development of
a multi-unit development – where proposed development
involved reconfiguration of a lot (four lots into two) –
relocation and refurbishment of a pre-1946 heritage residential
dwelling – where proposed development involved 16 units over
three storeys.
WHERE CONFLICT WITH CITY PLAN 2014 CONCEDED BY DEVELOPERS AND
BRISBANE CITY COUNCIL – where appellants alleged a number of
conflicts with the city plan 2014 – where substantive
conflicts concerned with conflicts with the Strategic Framework
– conflict with the Traditional Building Character (Design)
Overlay Code – where conflict alleged with the Low-Medium
Density Residential Zone Code – where conflict alleged in
respect of the Multiple Dwelling Code – where substantive
dispute is whether the proposal is in conflict with City Plan 2014
by reference to its intended height, bulk and scale.
WHERE DEVELOPER AND BRISBANE CITY COUNCIL CONCEDE SOME CONFLICT
WITH CITY PLAN 2014 – whether conflicts sufficient to warrant
refusal in the absence of sufficient grounds – where
respondent and co-respondent contend sufficient grounds exist to
warrant approval notwithstanding conflict.
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