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Inside track: Planning, Environment & Sustainability

11 October 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Report published: Review of disability premises standards
The Government has published the findings from our review of the Disability (Access to Premises – Building) Standards 2010, commonly known as the Premises Standards. The review identified opportunities for improvement in 3 main areas: Regulatory reform, information sharing and governance (29 September 2021).  More...

Architects lay down challenge for carbon-neutral building
Australia’s debate about reducing carbon emissions has widened to construction, with the lobby group for architects, the Australian Institute of Architects, mounting a push for the building industry to be net carbon zero in as little as nine years’ time (28 September 2021).  More...

Farmers to reap benefits of recycled food and garden waste
The Morrison Government has launched a $171 million bid to take 3.4 million tonnes of food and garden waste out of landfill each year, diverting it to farms to create healthier soils and a better environment (28 September 2021).  More...

Victoria

Supersized Cremorne site to kick off post-lockdown transactions
One of the largest single land holdings on Melbourne’s city fringe, the property will catch the attention of developers and investors focused on the once a run-down industrial suburb, which is now the beating heart of a warehouse-led city-fringe office revival (30 September 2021).  More...

Melbourne Airport could block housing as far as Sunshine
The introduction of Melbourne Airport’s third runway might see a planning shake-up that stymies development in the city’s growing northern and western suburbs (30 September 2021).  More...

Showdown at the Macedon Ranges, where growth and beauty collide
Proposed changes to planning rules in the Macedon Ranges have prompted some residents to raise fears of overdevelopment (27 September 2021).  More...

Community interest in junction place
More than 100 community members have attended the first of three online community sessions about the refreshed master plan for the landmark Junction Place precinct in Wodonga. Junction Place is Australia’s largest regional urban renewal project, being delivered by Development Victoria, in partnership with City of Wodonga (27 September 2021).  More...

City of Melbourne preparing to turn itself Inside Out
The City of Melbourne is cutting red tape, fast-tracking permits and thinking differently to bring the buzz back to the CBD – by turning the city inside out (24 September 2021).  More...

$80 million in regional housing funding up for grabs
The Victorian Government is calling on all developers and landowners in regional Victoria to put forward any developments or vacant land that could be turned into social or affordable housing (23 September 2021).  More...

Luxury apartments to tower above Chapel Street’s Jam Factory
Four luxury apartment towers – the highest rising 25 levels – will rise above Chapel Street’s famous Jam Factory as part of a new $1.5 billion proposal for the historical South Yarra retail landmark (22 September 2021).  More...

New on-farm accommodation plan to boost workforce
Farmers across Victoria can now invest in worker accommodation on their farms without the need for a planning permit, under a new streamlined planning approval process adopted by the Victorian Government (21 September 2021).  More...

Laying the groundwork for more housing in Central Victoria
The Victorian Government is helping the gold rush town of Talbot to grow by providing more housing options for workers in Central Victoria, with $630,000 to go towards future development in the town, which has been identified as a growth corridor for the region (20 September 2021).  More...

Saluting Melbourne’s maritime heritage
The City of Melbourne will consider developing a new maritime heritage trail and work with the Victorian Government to redevelop the Mission to Seafarers building to breathe new life into Docklands (20 September 2021).  More...

NSW

NSW set to halve emissions by 2030
NSW is set to attract more than $37 billion in investment while slashing emissions by 50 per cent below 2005 levels by 2030, under updated projections and objectives released as part of the Net Zero: Stage 1 Implementation Update (29 September 2021).  More...

Arbitrary metrics: Government and developers face off over green space
Green space has emerged as a key battleground between the NSW government and property developers over reforms to boost the design standards of apartment blocks (27 September 2021).  More...

NSW water strategy and report on National Water Reform
The NSW Government has launched the first ever NSW Water Strategy. Also being launched is the Productivity Commission report on National Water Initiative (27 September 2021).  More...

Housing data all under one roof
Information that illustrates the supply pipeline of new homes and infrastructure will be available at the touch of a button with the launch of two new online platforms that will better support planning and investment in NSW (24 September 2021).  More...

Queensland

Queensland wants to be a renewable energy “super power” but, still, industry is the one pushing the sustainability envelope
With the Olympics looming and other states strengthening commitments to cut emissions by the end of the decade, will Queensland take the opportunity to snatch gold or end up getting stuck on the block? (30 September 2021).  More...

St Vincent’s plans redevelopment for Kangaroo Point hospital site
St Vincent’s Health Australia has lodged a six-staged development masterplan for the redevelopment of St Vincent’s Hospital in Kangaroo Point. The application specifies that designs shown are indicative concepts which are not final and doesn’t form part of this particular development application, but rather focusses on approval for the broader masterplan (29 September 2021).  More...

Queensland court overturns $136k costs ruling in failed NBN tower battle
A Queensland man who lost a court battle over having an NBN tower near his house will no longer have to pay NBN Co $136,000 in costs. The case – and specifically the costs ruling – and led to a crowdfunding effort that raised about $25,000 (23 September 2021).  More...

In Practice and Courts

Australian Heritage Grants 2021-22 are open
Grants totalling $5.3 million are now available for projects that protect Australia’s rich tapestry of cultural, natural and historic heritage sites (21 September 2021).  More...

Victoria

New educational requirements for prospective conveyancers
On 30 September 2021, changes to the educational requirements for conveyancers will take effect.
To learn more, view Apply for a conveyancer's licence – individual. Those undertaking the current course have until 19 April 2022 to complete that course (30 September 2021).  More...

Planning consultations: Melbourne’s Future Planning Framework
Planning Initiative – Melbourne’s Future Planning Framework: Long-term strategic plans to guide land use, infrastructure, transport and development for the next 30 years in the six Melbourne metropolitan regions. Closes on 24 October 2021.  More...

NSW

NSW Revenue: Land Tax Build to Rent
The NSW Government is introducing a land tax discount for new build-to-rent housing projects until 2040 and a new Housing Diversity SEPP to provide more housing options, greater surety for renters, boost construction and support jobs during the COVID-19 recovery. Guidelines for the land tax reduction for build-to-rent properties can be read here).  More...

Renewable energy and regional cities
Notification start-end date 13/09/2021 – 11/10/2021
The Infrastructure SEPP sets out the planning rules and controls for infrastructure in NSW. As part of these ongoing improvements, the NSW Government has proposed changes to the rules for where renewable energy projects can be built.  More...

Queensland

PCA submissions
Submission Update: Gold Coast Light Rail
The Property Council has provided the following submission to Government on Stage 4 of the Gold Coast Light Rail.

Draft 20-year State Infrastructure Strategy (SIS)
The draft SIS sets out our approach to connecting our regions and creating liveable communities with essential services and infrastructure across Queensland like the schools, hospitals and roads that our growing State will need into the future. Comment on the SIS can be provided online until 7 October at this PS News link.

Public consultation: Queensland’s renewable energy zones (QREZs)
Public consultation would be followed by a technical paper later in the year, for feedback from industry and other energy stakeholders on the framework for QREZ design and access. The online survey is open until 30 September 2021.  More...

Land Restoration Fund: Round 2
Applications are open for the Land Restoration Fund Investment Round 2. For more information about details required under Stage 1 and 2 read the LRF Investment Application Guidelines. Submissions are now being accepted. Submissions close on 8 October 2021

Amendment of Planning Regulation 2017
The Department of State Development, Infrastructure, Local Government and Planning has advised that the Planning Regulation 2017 was amended on 17 September by the Planning Amendment Regulation (No.1) 2021.
The amendments: Extend the expiry date of the economic support instrument provisions by 12 months until 17 September 2022 make several minor changes to increase the efficiency of the Planning Regulation. These clarify provisions relating to the content of planning and development certificates and referral agency requirements for end-of-trip facilities.

Cases

NSW

Toga Addison Pty Ltd atf Toga Addison Unit Trust v Randwick City Council [2021] NSWLEC 1580
DEVELOPMENT APPLICATION – question of statutory construction – use of extrinsic material to aid interpretation of environmental planning instrument – permissibility of residential flat building – street wall height – weight to be given to new development control plan – design quality – design excellence.

Contill Holdings Pty Ltd ATF Revay Discretionary Trust v Randwick City Council [2021] NSWLEC 1543
DEVELOPMENT APPLICATION – boarding house – whether motorbike parking in the basement should be counted towards the calculation of the gross floor area – whether the design of the proposed development is compatible with the character of the local area.

Sell & Parker Pty Ltd v Minister for Planning and Public Spaces [2021] NSWLEC 1563
APPEAL – appeal pursuant to s 8.7(2)(a) of EPA Act – condition requiring the satisfaction of Secretary concerning ancillary matter – appeal following the period after which the Secretary of the Department is deemed to not be satisfied – waste metal recycling facility – State significant development – stockpile plans prepared for fire orders following a fire on the site – modification application submitted site plan and stockpile plan – inconsistency between stockpile plan and site plan – condition concerned the submission of a Final Stockpile Plan “to the satisfaction of the Secretary and FRNSW” – interpretation of condition – condition ought not be interpreted in a manner that could render it ultra vires or the approval void – the Court can have regard to the objective circumstances surrounding its imposition – on the facts the condition was imposed to resolve inconsistency – condition satisfied.

Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 104
PLANNING AND ENVIRONMENT – application to modify development consent – amendment of – amendment responsive to Commissioner’s preliminary decision – agreement to amendment – whether appropriate – costs thrown away by amendment – whether appropriate to order.

Save Sydney's Koalas (South West) Inc v Lendlease Communities (Figtree Hill) Pty Limited (No 2) [2021] NSWLEC 102
ENVIRONMENT AND PLANNING – development application – validity of consent – cl 6.3 of Campbelltown Local Environment Plan 2015 – whether development control plan provided for a staging plan – not essential or necessary that staging provides for multiple stages and sequencing – discretion not lead to invalidity of consent ENVIRONMENT AND PLANNING – extension of time for commencing proceedings – whether extension should be granted under r 59.10 of Uniform Civil Procedure Rules 2005 – adequate explanation for delay – particular interest in challenging decision – potential prejudice to persons and public interest – leave not granted for extension ENVIRONMENT AND PLANNING – development application – validity of consent – application of ss 8.3 and 8.4 of Biodiversity Conservation Act 2016 – whether biodiversity certification operated such that cl 10 of State Environmental Planning Policy (Koala Habitat Protection) 2020 had no operative effect on consent – effect of Biodiversity Certification – cl 10 State Environmental Planning Policy (Koala Habitat Protection) 2020 not a mandatory consideration – leave to further amend summons refused – summons dismissed.

Queensland

Redland City Council v King of Gifts (Qld) and HTC Consulting Pty Ltd & Anor [2021] QCA 210
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where, in 2018, the primary judge granted an appeal pursuant to s 461(1) of the Sustainable Planning Act 2009 (Qld) (‘SPA’) against the applicant’s refusal of a development application for a material change of use to develop land for a service station, drive through restaurant and an on-site effluent disposal irrigation area – where, in 2020, this Court granted an application for leave to appeal and allowed an appeal against the 2018 judgment upon the ground that the primary judge had erred in principle in the application of s 326 of the SPA – where in this Court’s 2020 decision the orders made by the primary judge were set aside and the matter was remitted to the Planning and Environment Court to be determined according to law – where no additional evidence was adduced at the remitted hearing – where, on rehearing, the primary judge allowed the appeal, and approved the development application subject to conditions – where the applicant seeks leave to appeal against that judgment upon the ground that the primary judge erred by finding in fact that there was a need for the proposed development and its constituent elements, at the proposed location, in the absence of any evidence of that fact – where in the 2017 reasons the primary judge described the proposed development as “fundamentally different in nature and size (in terms of its footprint) to the types of uses and development that the Redlands Planning Scheme envisages on the subject site” – where the primary judge also found there was a need for the proposed development that was sufficient to justify approval despite the conflicts with the Redlands Planning Scheme – where the primary judge relied on economists’ and town planners’ reports for that finding – where the primary judge found there was a “clear and strong level of economic need” – where the primary judge found that the combined effect of six matters established that “the public interest in approval of the proposed development is greater than the public interest in upholding strict compliance with the Redlands Planning Scheme by refusing the development” – whether the primary judge erred in law by making that finding in the absence of supporting evidence Sustainable Planning Act 2009 Qld s 326(1)(b).

Upan Company Pty Ltd v Gold Coast City Council (No. 2) [2021] QPEC 50
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF OTHER CHANGE APPLICATION – where original application concerned stepped form high rise residential development – where appellant seeks approval of other change application for built form residential development – where proposed other change concerns reductions of storeys, increase of building height
CONFLICT WITH PLANNING SCHEME – where proposed development results in unacceptable impacts in respect of setbacks and site cover – loss of stepped design – building height transition – where appeal dismissed
Planning Act 2016 Qld s 78.

Paige Pty Ltd v Redland City Council [2021] QPEC 51
PLANNING AND ENVIRONMENT – APPLICATION – Application in pending proceeding – application for minor change – where the development application seeks a development permit for reconfiguration of lots – where, at the time of the decision, the development application provides access to Bunker Road – where the proposed change includes removal of vehicular access to Bunker Road – whether the proposed change is a minor change
Planning Act 2016 Qld Sch 2; Planning and Environment Court Act 2016 Qld s 43, s 46.

Boyneglade Property Developments Pty Ltd v Gladstone Regional Council & Ors [2021] QPEC 48
PLANNING AND ENVIRONMENT – APPEAL – appeal against deemed refusal of a development application for an integrated lifestyle retirement facility in the Rural zone
PLANNING AND ENVIRONMENT – ASSESSMENT – compliance with the planning scheme – whether there is a need for the proposed development – reverse amenity impacts – whether there are relevant matters which justify the proposed development. Planning and Environment Court Act 2016 Qld ss 46 and 43; Planning Act 2016 Qld ss 45, 60 and 61.

Legislation

Victoria

No 124 Subdivision (Procedures) Regulations 2021
The Subdivision (Procedures) Regulations 2021 were made by the Governor in Council on 28 September 2021 and will come into effect on 3 October 2021. On that date they will replace the Subdivision (Procedures) Regulations 2011.
The Regulations include provisions that:
• prescribe time limits for things done under the Subdivision Act 1988 (the Act)
• prescribe forms authorised by the Act
• provide for procedures relating to the certification of plans
• require councils to maintain a register of applications made under the Act
• provide for other matters authorised by the Act.
As with the 2011 Regulations, transitional provisions have been included.

No 120 Tourist and Heritage Railways Regulations 2021
These Regulations come into operation on 21 September 2021.

NSW

Floodplain Management Plan for the Macquarie Valley Floodplain Order 2021 (2021-555) – published LW 24 September 2021

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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