In the media
Commonwealth
How spending on sustainable infrastructure will lift
Australia up
Australia has a once-in-a-generation opportunity to make
our country more resilient, prosperous and sustainable. Last month,
Infrastructure Australia released its new Sustainability
Principles, meaning that for the first time, sustainability will
inform its appraisal of infrastructure priorities across social,
economic, environmental and governance parameters (05 May 2021).
More...
Sydney and Melbourne the big losers as people move to
regional Queensland in record numbers
The number of people moving to the regions - and staying
put - is the highest on record, with demographers pointing to the
pandemic as the reason Greater Melbourne has seen the biggest
population exodus (05 May 2021). More...
Victoria
500,000 trees for a cooler, greener west
The Andrews Labor Government will build green canopies
with 500,000 new trees in Melbourne's west - creating cooler
spaces for families in the western suburbs to enjoy for generations
to come (13 May 2021). More...
Helping vulnerable Victorians stay warm, and cool, for
less
Victoria's most vulnerable residents will be warmer in
winter and cooler in summer thanks to rebates of $1,000 from the
Andrews Labor Government to replace old heaters with
energy-efficient reverse-cycle air conditioners in homes managed by
community housing organisations (10 May 2021). More...
Why no one is developing larger apartment stock in
Melbourne
Data compiled by Ignite, a not-for-profit research group
supported by the University of Melbourne's Faculty of
Architecture, Building and Planning, shows a significant shortfall
in larger apartments being developed in Melbourne's inner and
middle-ring suburbs (07 May 2021). More...
New Chief Executive for EPA announced
The Governing Board of Environment Protection Authority
Victoria is pleased to announce the appointment of Mr Lee Miezis as
the next Chief Executive Officer of EPA (07 May
2021). More...
Vic Solar Technologies and Sunny Srinivasan - court
outcome
A solar panel retailer which made misleading
representations to consumers and engaged in unconscionable conduct,
among other breaches of the Australian Consumer Law, has been fined
$3 million in the Federal Court, and its Director ordered to pay
$450,000 (06 May 2021). More...
Queensland
Brisbane City Council gives derelict Lamb House site
permanent protection from development
The Kangaroo Point riverfront site of derelict
heritage-listed mansion Lamb House has been permanently protected
from development, with Brisbane City Council formally approving
planning legislation changes (11 May 2021). More...
Plans put forward for 31-storey Surfers Paradise
tower
Plans to build a 31-storey tower on Surfers Paradise's
"pinch point" between the ocean and river have been
submitted to the Gold Coast City Council (07 May 2021). More...
Blown away: Feds veto $370 million NQ wind farm
project
The federal government has vetoed a $370 million green
energy project in far north Queensland despite its potential to
deliver hundreds of jobs and cheaper energy (05 May 2021). More...
Council plan to buy historic Lamb House knocked back by
Queensland government
The state government knocked back a Brisbane City Council
pitch to jointly buy a dilapidated historic riverside mansion to
put it in public hands (06 May 2021). More...
In Practice and Courts
Victoria
EPA leads new NEPM standards
Victoria EPA has played the lead role in coordinating the
review of the national air quality standards which have been agreed
by the National Environment Protection Council. A new review takes
into account evidence of the health effects of these pollutants and
will be considered for adoption as reference standards in Victoria
after the new Environment Protection Act commences on 1 July
2021.To learn more about the new AAQ NEPM standards go here (10 May 2021).
Victoria: Review of the Retirement Villages Act
1986
The Government is seeking feedback on a range of options
that have been developed from the first round of
consultation. Consultation for the Retirement Villages Options
Paper has been extended to 14 May 2021. Interested parties will be
able to view the Options Paper via engage.vic.gov.au/retirementvillagesact and
can register for updates.
Victoria naming rules review
Geographic Names Victoria has completed the first
consultation phase of the 2020-21 naming rules review. The
consultation and engagement process, has received more than 450
contributions, including over 400 from members of the
public. In July 2021 with an anticipated release of the
finalised document in December 2021. You can continue to track the
progress of the review on Engage Victoria.
Queensland
Land Court launches Procedural Assistance Service
The Land Court has launched a dedicated Procedural Assistance Service website to
assist self-represented litigants in the court (12 May 2021).
More...
State Infrastructure Strategy announcement
A new State Infrastructure Strategy will be
released in conjunction with seven regional infrastructure plans in
aid of supporting our post COVID-19 economic recovery. This follows
the recent announcement of the formation of a Growth Areas Delivery Team to address land
supply issues in SEQ.
To find out more about the strategy, please click here. You're invited to have your say and
help shape the State Infrastructure Strategy. You can share
your views via the survey. Consultation closes on 31
May 2021.
Consultations
Inland Rail - Helidon to Calvert project - draft
environmental impact statement Closes 23 June 2021
Big Rocks Weir project draft terms of
reference for an environmental impact
statement Closes 07 June 2021
Cross River Rail Project - request for project
change application - Clapham Yard, Moorooka Closes 04 June
2021
Cases
Victoria
Warde Street Pty Ltd v Minister for
Planning [2021] VSC
238
VALUATION AND PLANNING - land in urban renewal area made subject of
a development contributions plan ('DCP') overlay pursuant
to amendment AMC145 to the Maribyrnong Planning Scheme
('MPS') - DCP overlay requires permit granted for specified
types of development within area to contain condition requiring
payment of a levy as condition of the right to develop pursuant to
permit - Plaintiff holder of planning permits to construct
multi-story mixed use developments comprising residential and
retail premises - permits required plaintiff to enter into
agreement under s 173 of the Planning and Environment 1987 to
provide a financial contribution towards costs of some
infrastructure items subsequently included in DCP - Plaintiff also
holder of permits to subdivide proposed developments into lots in
stages in accordance with endorsed plans - condition 3 of
subdivision permit required payment of development infrastructure
levy in accordance with DCP in respect of each unit payable in
stages prior to issue of statement of compliance with any works or
payments which the owner has paid under earlier specified permits
to be reflected as a credit for the value of any works comprised in
infrastructure projects funded by the DCP - combined effect of
permits requires plaintiff to make sequential payments towards
infrastructure costs first under development permits which
authorise construction of proposed mixed use buildings and secondly
under the permits which permit subdivision of those buildings -
second requirement imposed pursuant to and in accordance with terms
of MPS as amended by AMC145.
JUDICIAL REVIEW - whether AMC145 beyond power and of no legal
effect because contrary to s 46K of the Planning and Environment
Act 1987 Act it purports to levy development contributions in
respect of development that has already been approved by existing
permits and/or does not relate the need for works, services and
facilities (or some of them) to the proposed development of land in
the area as required by s 46I - whether to the extent that the DCP
purports to levy development contributions in respect of the
subdivision of the air space for dwellings, the construction of
which has already been approved under an existing permit, such
requirement is invalid because it is not a DCP within the meaning
of s 46K of the P&E Act; it does not relate the need for the
works, services and facilities to be provided (or some of them) to
the proposed development of the land in the area as required by s
46I of the P&E Act; it is an unlawful tax - meaning of
'proposed development' in s 46K(1) - meaning of requirement
that the proposed works and facilities relate to the development of
land in the area to which the DCP applies - whether imposition of
levy upon subdivision of proposed development valid - AMC145 valid
- Maribyrnong Planning Scheme, AMC145, cls 45.06, 72.04; Planning
and Environment Act 1987 ss 6(2)(j), 6(2)(l), 46I, 46J, 46K, 46N,
62(1)(a), 173, Part 3B; Eddie Barron Constructions Pty Ltd
and Shire of Pakenham (1991) 6 AATR 10; Casey
City Council v Carson Simpson Pty Ltd [2007] VSC 25;
(2007) 18 VR 19.
Flores v Monash CC
(Corrected) [2021] VCAT
420
Sections 77 of the Planning and Environment Act 1987; Monash
Planning Scheme; General Residential Zone; Application of clause
52.06 - car parking; Whether amendment of planning permit
required.
Queensland
Williams v Brisbane City
Council [2021] QPEC
26
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
code assessable development application for a preliminary approval
for building work to facilitate demolition of a pre-1947 house -
whether the subject house contributed to the traditional building
character of the part of the street within the Traditional Building
Character Overlay - whether demolition would result in loss of
traditional building character - where building set further back
from the street and at a lower elevation relative to the street
than the other buildings of traditional building character - where
main design features expressed to the river frontage, rather than
the street frontage - where potential views from the street to the
house limited and affected by long standing vegetation. Planning
Act 2016 Qld s 60.
Council & Ors; Dexus Funds
Management Limited v Fabcot Pty Ltd &
Ors [2021] QCA 95
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING
SCHEMES AND INSTRUMENTS - QUEENSLAND - GENERALLY - where the grant
of a development permit for a childcare centre, service station,
food and drink outlet and shopping centre was sought - where orders
were sought that the development be refused - where orders seeking
that the development permit be refused were dismissed - where the
site the subject of the development permit is within the low-medium
density residential zone and within the Smithfield Local Plan -
whether approval of the proposed development would compromise the
planned role and function of the land - whether the primary judge
misinterpreted or misapplied sections 45 and 60 of the Planning Act
2016 (Qld) - whether the primary judge misinterpreted or misapplied
the Cairns Plan 2016 - whether the primary judge erred in finding
that there was a town planning need for the proposed development -
whether the primary judge erred in finding the only non-compliance
with the low-medium density residential Zone Code and the
Smithfield Local Plan was that the proposed development was not
small scale - whether the primary judge erred in concluding that
the proposed development complied with section 3.3.2.1(1) of the
Cairns Plan 2016 - whether the primary judge erred in dismissing
sub-precinct 3b as an obstacle in the path of an approval of a
development application - whether the primary judge failed to take
into account the hierarchy of shopping centres under the Cairns
Plan 2016 - whether the primary judge took into account irrelevant
considerations - whether the primary judge prejudged a code
assessable development application.
Legislation
Victoria
Acts
No 40: Parks and Crown Land Legislation Amendment Act
2020 (Vic)
Date of commencement: 1 May 2021
Sections 30, 32, 33, 49, 61, 63, 64, 68, 70, 73, 74, 76, 79, 81,
82(3), 83, 84(3), 109 to 112, Part 10 of this Act came into
operation on 1 May 2021 (SG666 15.12.2020)
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.