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Inside track: Planning, Environment & Sustainability

10 May 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

State reveals preferred route for Coomera Connector
The route is proposed to cross the Albert River east of Eagleby, connecting to the M1 and Logan Motorway at Loganholme. It was considered alongside six other alternative routes by independent traffic planners and environmental specialists (30 April 2021).  More...

Victoria

Parks investment means more open space and jobs
Minister for Energy, the Environment and Climate Change Lily D’Ambrosio announced the funding as part of the launch of a bold blueprint for managing Melbourne’s open spaces – the Open Space for Everyone Strategy (30 April 2021).  More...

Transformative Greenline project unveiled
The City of Melbourne is taking the first step to deliver the Greenline project to transform Northbank along the Yarra River - Birrarung, with the release of its implementation plan (30 April 2021).  More...

Recycling driving force behind record road investment
The world’s first noise walls made from 75 per cent recycled plastic have been hoisted into place along the new Mordialloc Freeway. The revolutionary panels are made using 570 tonnes of plastic waste – around the same amount collected kerbside from 25,000 Victorian households in a year (28 April 2021).  More...

No demand’: Urban designers reject push to convert empty offices into apartments
Inner Melbourne’s glut of empty offices and apartments could instead be used to revive the city’s ailing creative sector, which has been forced out of the CBD over the past 20 years (25 April 2021).  More...

US giant Hines lodges plans for Richmond office building
US property group Hines has submitted plans for $25 million commercial building in Richmond, an inner-city market in Melbourne which has a growing reputation as a tech hub (24 April 2020).  More...

Australia's tallest building to be built in Melbourne as Government fast-tracks development
The Victorian Government announces a proposal for a 101-storey building is one of four to be approved amid moves to fast-track development in the wake of the coronavirus pandemic (24 April 2020).  More...

$1.5 billion Collins Street project approved
A major $1.5 billion office tower project on Collins Street in Melbourne has received development approval, putting the build on track for completion by late 2022 (24 April 2020).  More...

Supporting first home buyers in regional Victoria
The Victorian Government is extending the $20,000 First Home Owner Grant for people buying or building a new home in regional Victoria for an extra 12 months, in another measure to support Victorians through the coronavirus pandemic. To be eligible for the grant, the purchaser or purchasers must be first home buyers buying or building a property valued at $750,000 or less (23 April 2020).  More...

Queensland

‘Forgotten residents’ fume over Inland Rail environmental impact snub
The angry residents are demanding to know why an environmental impact study has been ruled out for the Beaudesert-Acacia Ridge leg of the $15b project (27 April 2021).  More...

Brisbane city centre future under scrutiny
An interim report outlining how to lure people back to Brisbane's heart is being prepared ahead of a master plan for the city centre (22 April 2021).  More...

Secret document detailing massive Moreton Bay development's community benefits to stay hidden
Details of the planned Toondah Harbour development at Cleveland will remain between the state government and the developer, after a tribunal ruled crucial documents about the public benefits of the proposal should remain secret (22 April 2021).  More...

‘Brushed aside’: Bushland concerns re-emerge on contentious site
Brisbane City Council says it will meet with residents over plans for the ‘gross over-development’ of an Eight Mile Plains site which has sparked more than 800 submissions (19 April 2021).  More...

Heritage panel to bolster Queensland protection
The Palaszczuk Government has announced a new advisory panel will be established to strengthen Queensland’s heritage register and provide expert advice on heritage places and spaces (18 April 2021).  More...

Diversity in design drives proposed Planning Scheme changes
Visually appealing suburban streets with a range of housing choices will be encouraged under changes proposed to the Logan City Council Planning Scheme. Requirements for developers to provide a variety of lot sizes and frontage widths are among the proposed new measures that it is hoped will stimulate housing design diversity (20 April 2021).  More...

In Practice and Courts

Victoria

Upcoming hearings at Planning Panels Victoria
The upcoming hearings report contains information on the forthcoming hearings at Planning Panels Victoria. The report is updated weekly. Latest report 29 April 2021.  More...

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.

Queensland

PCA: Brisbane City Council Development Assessment update
At present a procurement process is underway to find an implementation partner for this work and pilots are expected to commence in early 2022. Industry feedback is being actively sought at the moment please click here (April 2021).

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.

PCA: New Sunshine Coast Planning Scheme
The changes are expected to align with newer state and local planning policies including the South-East Queensland Regional Plan which is set to be renewed next year. The new planning scheme is expected to be delivered in 2024. The Sunshine Coast Council has provided the following timeline for delivery the new scheme (April 2021).  More...

Build-to-Rent update – approved Projects
The Queensland Government has approved two Brisbane-based affordable housing projects by developers following a Request for Detailed Proposals from shortlisted applicants from the Expression of Interest Phase of the Pilot Project. It is anticipated construction will commence mid-2021 following the finalisation of designs for the projects, with operations expected to commence in 2023.  More...

Consultations
Inland Rail – Helidon to Calvert project – draft environmental impact statement Closes 23 June 2021.

Cases

Victoria

Mackenzie v Head, Transport for Victoria [2021] VSCA 100
PLANNING AND ENVIRONMENT – Judicial review – Review of decisions by Minister in respect of Stage 2 of Western Highway duplication project – whether works could not lawfully proceed until Minister’s assessment of the environmental effects considered by councils – no planning permit required – exemptions from notice – no reliance on earlier Ministerial assessment – precautionary principle – Environment Effects Act 1978 ss 8, 8B, 8C, 8F; Planning and Environment Act 1987 ss 12(2)(b), 29, 35; Transport Integration Act 2010 s 19 – leave to appeal refused
EVIDENCE – admissibility of reports not before Minister when making decision – whether reports contained admissions against interest – whether reports demonstrate failure to exercise jurisdiction – whether reports demonstrate absence of intelligibility – whether contents admissible under Prasad principle – Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155, Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446, considered. 

Queensland

Bridgeman Enterprises Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 25
PLANNING AND ENVIRONMENT – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR MATTERS – CONDITIONS – APPEAL AGAINST IMPOSITION OF CONDITIONS – where the appellant seeks to develop land already improved by a shopping centre and other buildings – where the respondent approved the development subject to conditions – where conditions relate to electrical infrastructure – whether the conditions are relevant to and not an unreasonable imposition upon the development – whether the conditions are reasonably required in relation to the development
Planning Act 2016 Qld s 45, s 60, s 65; Planning and Environment Court Act 2016 Qld s 43, s 45, s 46, s 47
Sunshine Coast Regional Council Planning Scheme 2014 Qld.

Horizon Minerals Ltd & Anor v Stacey [2021] QLC 17
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where mining exploration activities had been conducted on Mitchell grass downs – where the expert witnesses disagreed about the requirements for rehabilitation of Mitchell grass – whether destocking the paddocks was required for rehabilitation – whether alternatively the existing rotational grazing system was more appropriate.

Coolum Chase Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 24
PLANNING AND ENVIRONMENT – APPEAL – appeal against the decision of the respondent to refuse to extend the relevant period for a development approval
Planning Act 2016 Qld s 311(2)(a); Sustainable Planning Act 2009 Qld ss 383, 388
Integrated Planning Act 1997 Qld ss 3.5.3, 3.5.4, 3.5.6(2).

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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