In the media
Co-working spaces are part of the new economy, so town
planners better get with the times
Cities are seeing a growing number of shared working, or
co-working, spaces. They include spaces where individuals and
businesses can flexibly rent desks or rooms, or do shared work in
"third spaces" such as libraries and cafes (11 July
2018).
More...
Australia falls further in rankings on progress towards
UN Sustainable Development Goals
Australia is performing worse than most other advanced
countries in achieving the Sustainable Development Goals
(SDGs), according to the global SDG Index, which
compares different nations' performance on the goals (11 July
2018).
More...
National Energy Guarantee (NEG) means 4% target for
electricity emissions
The Australia Institute Climate & Energy Program has
released the latest National Energy Emissions Audit electricity
update (The Audit) for July 2018. The Audit shows
current policies will reduce National Electricity Market
(NEM) emissions to 22% below 2005 levels in
2019-20, effectively meaning electricity sector has an emissions
reduction target of only 4% to 2030 (06 July 2018).
More...
New guidance on Native title, legal right and eligible
interest-holder consent
The Clean Energy Regulator has developed guidance
exploring how the Native Title Act 1993interacts with
requirements of the Emissions Reduction Fund
(ERF), including obtaining legal right and
consents from all eligible interest-holders to undertake a project
(06 July 2018).
More...
Aon warns about PFAS chemicals
Aon has warned property sellers, developers and
construction companies to do due diligence on properties to ensure
they haven't been contaminated by per-and poly-fluoroalkyl
substances, known as PFAS chemicals (02 July 2018).
More...
Victoria
Community energy powers up in Ballarat
The $900,000 Community Power Hubs program, run by
Sustainability Victoria, is being trialled for two years in the
Ballarat, Bendigo and Latrobe regions. It is helping communities
make the transition to community-owned renewable energy systems (11
July 2018).
More...
'We must get people out of cars': Coalition to
extend train line in Melbourne's south-east
Residents in Melbourne's booming outer south-eastern
suburbs are promised new train stations by the Victorian Opposition
to help ease peak hour traffic, as the Government's plan to
expand the congested Monash Freeway to ten lanes is given the
go-ahead (11 July 2018).
More...
Minister rejects compulsory acquisition at Marong
A planning scheme amendment in Bendigo that would have
seen farmland compulsorily acquired for the development of the
Marong Business Park has been rejected by the Minister for Planning
Richard Wynne (11 July 2018).
More...
Melbourne Airport plans 'huge redevelopment' to
cope with passenger boom
Melbourne Airport is set for a major overhaul, including a
new domestic terminal and a major refit of international
facilities, as it prepares for the number of annual passengers to
reach 68 million within the next two decades (09 July 2018).
More...
Luxury St Kilda tower takes car parking to new
heights
Melbourne-based developer Growland has unveiled plans for
its new high-end residential tower featuring Australia's first
"sky garage" (09 July 2018).
More...
New South Wales
New planning codes to provide more housing choice and
greener streets
Homeowners in new release and established areas across NSW
will save up to $15,000 in building and administrative costs, under
the new Greenfield Housing Code and Low Rise Medium Density Housing
Code which both commenced on July 6 2018 (06 July 2018).
More...
NSW faces court challenge as Australia tops global
charts in natural vandalism
NSW is fast catching up to Queensland for land clearing,
having wiped out 90 per cent of koala habitat on private land. This
woeful track record has helped Australia become one of the most
destructive land clearing countries on the planet, second in the
world for biodiversity loss, and in the top 10 globally for
emissions from forest clearing (05 July 2018).
More...
Queensland
QFES continues to target illegal and unsafe budget
accommodation
Fire safety remains a priority for Queensland Fire and
Emergency Services (QFES), as inspectors continue
to identify illegal and unsafe budget accommodation buildings (14
July 2018).
More...
Mackay innovator takes solar to the mines
An energy and mining specialist based at Paget in Mackay
has developed a fully self-contained "EcoHabitat" living
unit generating its own electricity through solar power (13 July
2018).
More...
Commitment needed to protect prime agricultural
land
The inability of the current, overly complicated planning
framework to properly protect the state's small amount of truly
prime agricultural land (about 3 per cent) has been raised by the
Queensland Farmers' Federation (QFF) (04 July
2018).
More...
In practice and courts
Victoria
Building regulations for garden area and siting
requirements
The Building Amendment (Garden Area and Siting
Requirements) Regulations 2018 were made by the Governor in
Council on 10 July 2018. The Regulations insert a new regulation
76A into the Building Regulations 2018. Regulation 76A
requires the consideration of a minimum garden area for the
construction of a single dwelling in the Neighbourhood Residential
Zone and General Residential Zone. This is a mandatory requirement
that cannot be varied by a report and consent (12 July 2018).
More...
Infrastructure contributions plan public land
contribution model
The Planning and Environment Amendment (Public Land
Contributions) Act 2018 came into effect on 2 July 2018, and
introduces a land contribution model for the Infrastructure
Contributions Plan (ICP) system. The land
contribution model enables land for public purposes to be provided
as part of an infrastructure contribution when land is developed.
This replaces the monetary public land component of the standard
levy (02 July 2018).
More...
New South Wales
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 allows 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 started on 6 July 2018, and 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 for clearer
explanation. 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).
More...
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. Submissions
closed on 18 July 2018.
More...
Queensland
Department of Environment and Heritage Publications
Prosecution bulletin no 8/2018 – recent cases for July
2018
Cases
Huon Aquaculture Group Limited v Minister for the
Environment [2018] FCA
1011
ENVIRONMENT LAW – application for declaration that a
decision of the Minister for the Environment that an action
referred to him pursuant to s 69 of the Environment Protection
and Biodiversity Conservation Act 1999(Cth) was invalid
– Minister determined that the proposed action was not a
controlled action if carried out in accordance with specified
manner provisions – declaration sought by a company that had
proposed to take the relevant "action" – whether
relief should be refused assuming invalidity – applicants
resiling from seeking to prove that "action" had or would
have a significant impact on matters of national environmental
significance – principles applying to discretion to grant
relief – delay – alternative relief –
acquiescence – effect on other parties having ordered their
affairs in reliance on the decision – application
dismissed
Victoria
Capela v Minister for Energy, Environment and Climate
Change [2018] VSC
360
VALUATION AND COMPENSATION — Amendment to the Melton
Planning Scheme — Imposition of Public Acquisition Overlay
for Western Grasslands Reserves — Compensation for planning
'blight' - Land-owner died without making a compensation
claim - Executors of the estate propose to sell the land and
distribute the proceeds to beneficiaries — Executors seek
declaratory relief that they are not ineligible to claim
compensation for financial loss suffered as a natural, direct and
reasonable consequence of the reservation upon on a sale of the
land —Availability of declaratory relief — Whether
executors are 'owners' of the land affected by the
reservation for the purposes of s 98(1) of the Planning and
Environment Act 1987— Halwood Corporation Ltd v
Roads Corporation[1998] 2 VR 439 and Halwood Corporation
Ltd v Roads Corporation [1995] 89 LGERA 280 followed —
Planning and Environment Act 1987ss 98, 99(b), 101, 106
and 108.
Mostafa v Moreland CC [2018] VCAT
1037
Application to review a refusal to grant a permit —
Section 77 of the Planning and Environment Act 1987—
Moreland Planning Scheme — Brunswick Activity Centre —
Proposal to provide no resident car parking in a mixed-use building
with nine apartments — Car parking reduction considered
— Internal amenity of apartments considered — Adequacy
of light wells and internal air circulation in response to policy
guidance considered — No permit.
Hao Yang Australia Pty Ltd v Mornington Penininsula
SC [2018] VCAT 1028
Mornington Peninsula Planning Scheme, Section 77 Planning
and Environment Act 1987, hot springs, landscape character, Green
Wedge Zone – Schedule 4, Environmental Significance Overlay
– schedule 15, Environmental Significance Overlay –
Schedule 23, Bushfire Management Overlay, "the cups"
landscape, visual impact, intensity of use, native vegetation
removal, road access, car parking, civil works, need for additional
approval, cultural heritage management plan.
Chapman v City of Greater Bendigo
[2018] VSC 358
PRACTICE AND PROCEDURE – Application for leave to
file an amended statement of claim – Principles underlying r
23.02 of the Supreme Court (General Civil Procedure) Rules
2015applied – Whether proposed amended statement of
claim discloses a cause of action – Defects of form –
Leave to file the amended statement of claim refused.
NEGLIGENCE – Plaintiff claims her local council owed her a
duty to acquire her land for a public purpose and had failed to do
so, causing her loss – Whether the claimed duty inconsistent
with the defendant's statutory duties – Dansar Pty
Ltd v Byron Shire Council [2014] NSWCA 364; (2014) 89 NSWLR 1
considered – Whether this question should be determined at
trial – Held no because pleaded facts show the claimed duty
not arguable.
BREACH OF STATUTORY DUTY – Plaintiff claims local council
breached a duty to her imposed by s 197 of the Planning and
Environment Act 1987 (Vic) to promptly acquire her land
– Breach of this claimed statutory duty depends on duty to
acquire being established – Not arguable on the pleaded facts
that there was such a duty – Accordingly no cause of action
for breach of statutory duty is disclosed.
New South Wales
Parker Logan Property Pty Ltd v Woollahra Municipal
Council [2018] NSWLEC
1336
DEVELOPMENT APPLICATION: Residential flat building –
SEPP affordable rental housing – view loss.
Chulatunga v Randwick City Council
[2018] NSWLEC 1348
DEVELOPMENT APPLICATION: carport – parking at front
of dwelling – streetscape – neighbourhood character
– visual amenity – structural design – site
frontage – on property parking – landscaping –
visual domination.
Parker Logan Property Pty Ltd v Inner West
Council [2018] NSWLEC
1339
APPEAL: development application – mixed used
development with boarding house – part of land marked for
future acquisition – breach of height and FSR standards
– whether cl 4.6 inconsistent with cl 29(4) of the State
Environmental Planning Policy (Affordable Rental Housing) 2009
– calculation of FSR – whether cl 4.6 requests should
be allowed – amenity of boarding rooms – compatibility
– whether condition of consent requiring subdivision should
be imposed.
Abou-Anton v City of Ryde Council
[2018] NSWLEC 1334
APPEALS: building information certificates –
unauthorised works to dwelling house – dwelling not built in
accordance with complying development certificate – nominal
development application assessment required – amenity impacts
– view loss – overheight fence – requirement for
stormwater easement.
So Nash Pty Limited v Inner West Council
[2018] NSWLEC 1327
DEVELOPMENT CONSENT: appeal against the imposition of a
number of conditions on development consent for the adaptive reuse
of a local heritage item – including a condition requiring
the deletion of one off-street car parking space and a condition
notifying the future occupants of the development that they are not
eligible to participate in the Council's Resident Parking
Scheme.
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.
M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai
Regional Council (No 2) [2018] NSWLEC
101
PRACTICE AND PROCEDURE – notice of motion –
whether appropriate to hear issues raised as separate questions
– where similar submissions would be made in hearing of
another notice of motion in any event.
STATUTORY INTERPRETATION – whether amendments to the
Environmental Planning and Assessment Act 1979 (NSW) have
the effect of constituting a new statutory entity or continuing an
existing entity – application of interpretive principles
JOINDER – whether appropriate to join planning panel to Class
1 proceedings – where panel is the consent authority but
decision is deemed to be made by Council – where panel has
power to control and direct Council.
COSTS – costs sought in relation to conciliation conference
– presumptive rule against costs in Class 1 proceedings
– costs sought against non-party – where agreement
reached in conciliation conference but planning panel exercised its
power to control and direct Council.
Kelly v Randwick City Council
[2018] NSWLEC 1322
DEVELOPMENT APPEAL: Two- lot strata subdivision of
approved dual occupancy – interpretation of clause detailing
minimum subdivision allotment size – whether a cl. 4.6
variation request is required.
Queensland
Ko v Brisbane City Council [2018]
QPEC 035
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of an application for a material change of use for
Multiple dwelling in the LMR zone – whether development is
located within easy walking distance of a public transport node
– whether a decision to approve would conflict with City Plan
2014 – whether sufficient grounds to approve despite
conflict.
Bowyer Group Pty Ltd v Cook Shire Council &
Anor [2018] QCA 159
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– DEVELOPMENT CONTROL – APPLICATIONS – FORM AND
CONTENTS OF APPLICATION – CONSENT AND IDENTITY OF OWNER
– where the second respondent was granted development
approval for a material change of use of land for an extractive
industry – where the applicant, an owner of adjoining land,
commenced an appeal against the decision to grant the approval in
the Planning and Environment Court – where the applicant
contended, as a preliminary issue, that the development application
was not a properly made application as it was not accompanied by
the consent of the holders of a Crown lease of the land –
where the Planning and Environment Court found the application was
properly made, being accompanied by the consent of the State as the
owner of the land – consideration of the meaning of the word
"owner" in the phrase "owner of the land the subject
of an application" in s 263(1) of the Sustainable Planning
Act 2009– whether the holders of a rolling term lease
for pastoral purposes under the Land Act 1994are
"owners" of the relevant land within the meaning of that
provision.
Bilinga Beach Holdings P/L v Western Downs Regional Council
& Anor [2018] QPEC
034
PLANNING AND ENVIRONMENT – APPEAL – applicant
appeal against refusal – whether use characterised as
Transport terminal – whether a decision to approve would
conflict with a planning scheme – weight to be given to new
planning scheme.
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.