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Inside track: Planning, Environment & Sustainability

13 May 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

A sensible step to support housing construction
The Property Council of Australia has called on state and territory governments to consider housing and display home inspections as they look at easing social distancing restrictions (29 April 2020).  More...

If more of us work from home after coronavirus we’ll need to rethink city planning
If, as some expect, people are likely to work from home more often after the pandemic, what will this mean for infrastructure planning? Will cities still need all the multibillion-dollar road, public transport, telecommunications and energy projects, including some already in the pipeline  (28 April 2020).  More...

Physical distancing is here for a while – over 100 experts call for more safe walking and cycling space
The coronavirus pandemic has dramatically shifted our lives and the ways we move about our cities. This increase in numbers is exposing much of our walking and cycling infrastructure as inadequate. The pandemic has highlighted the volume of street space given to motor vehicles, at the cost of space for people to walk and cycle (29 April 2020).  More...

Fast-tracked planning for the coronavirus recovery: Can triage help?
If we’re picky about the projects we choose, fast-tracked planning approvals could accelerate the low carbon transition, fix social problems and boost the economy at the same time. Western Australia and NSW are using State Emergency powers to accelerate planning decisions and to extend planning permissions already granted but not yet started due to the lockdown (27 April 2020).  More...

Reduced red tape for environmental approvals a plus for housing and construction
UDIA National President Simon Basheer said the Government’s commitment to clearing the backlog of projects under assessment via the Act would benefit from strict guidelines.  Applying ‘deemed consent’ provisions to future project applications to maintain discipline on project assessment timeframes (24 April 2020).  More...

Governments keep building approvals moving during COVID-19
Planning ministers have signed off on a national set of principles designed to ensure the pipeline of development approvals continues during the COVID-19 crisis, protecting jobs, businesses and the economy (22 April 2020).  More...

Planning through COVID-19 and for recovery
The Property Council of Australia has welcomed the commitment by Australian planning ministers to ensure planning approvals maintain their usual pace through the COVID-19 pandemic period (20 April 2020).  More...

Congestion busting assessments protecting our environment and our economy
A $25 million Morrison Government investment in congestion busting is breaking through a multi-billion-dollar backlog of environmental assessments to deliver better outcomes for the environment and for the economy (23 April 2020).  More...

NSW

Technology keeps participation in planning system during COVID-19
The NSW planning system will keep moving throughout COVID-19 to keep people in jobs and the economy moving, with all public hearings and meetings to be held online during the pandemic (30 April 2020).  More...

Narrabri Coal to pay $120,000 after mine waste caused landfill
Narrabri Coal Operations Pty Ltd will pay $120,000 to the Environmental Trust as part of an Enforceable Undertaking agreed with the NSW Environment Protection Authority (EPA) for allegedly transporting hazardous waste which subsequently caused a series of fires at the Narrabri landfill (28 April 2020).  More...

Speeding up the planning system a blueprint for future success - NSW
Today’s announcement by the NSW Government that criteria has been established to assess major building projects in NSW and facilitate a fast tracked approach is a significant move for the building industry (29 April 2020).  More...

Planning changes to support growth in renewable energy projects
Amendments to the State Environmental Planning Policy (Infrastructure) 2007 will allow larger-scale solar systems to be installed on homes and commercial buildings without council approval, enable utility providers to construct electricity storage as part of improvement works to transmission and distribution networks (24 April 2020).  More...

NSW Government goes online to ensure public stays informed on planning matters
Councils will now be able to notify their communities of local planning matters online under new regulation introduced today to ensure the public receives the most accurate and up-to-date information during the COVID-19 pandemic (20 April 2020).  More...

Stronger Protection for Sydney's water catchment following extensive review
Better protections, stronger assessment and more environmental offsets will ensure Sydney’s drinking water supply is safeguarded, following an extensive review by an independent expert panel (18 April 2020).  More...

Queensland

Developer Lodges Plans for $450m Toowong Town Centre
A $450 million development application “inspired” by The Grove shopping centre in Los Angeles has been lodged by project managers State Development Corporation and advisory firm White and Partners (22 April 2020).  More...

Mirvac Adds Tower to $1bn Newstead Masterplan
Despite the uncertainty surrounding the impacts and duration of the coronavirus outbreak, Mirvac is moving ahead on new projects, unveiling plans for a 25-storey residential tower (21 April 2020).  More...

In practice and courts

EPBC Act Information kit
Are you planning a development or project and you’re unsure whether it might impact upon a nationally significant area or species? (24 April 2020).  More...

Second round of grants to help bushfire-affected wildlife and habitat
The Morrison Government today announced the second tranche of its Wildlife and Habitat Bushfire Recovery grants program as it released a detailed list of plant and invertebrate species most impacted by the fires (23 April 2020).  More...

NSW

Announcements, Draft Policies and Plans released 2019

NSW Land and Environment Court
28 April 2020 -  Volume 12 Issue 1 (February 2020) of the Court's Judicial Newsletter is now available.

The 2019 AustLII Database Metric and Statistics for the Court
21 April 2020 - The Court has been involved for a number of years in a collaborative project with AustLII to provide a range of metrics showing the use made of LEC decisions etc. The 2019 calendar year metrics are now available.

Early Listing Dates for Conciliation Conferences and Hearings
21 April 2020 - Due to the vacation of listings as a result of the COVID-19 pandemic, the Court has dates available between now and 30 June 2020 for conciliation conferences and hearings to be conducted by telephone. Available dates will be shown on the daily court lists.

NSW Planning Department: Have your say - Draft plans and policies

Draft special infrastructure contributions (SIC) guidelines
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking to improve the transparency of the application of SICs. The draft SIC guidelines provide guidance regarding the purpose and function of SICs and their application in the new approach to precinct planning.   More...

Proposed amendments to the EP&A Regulation
Notification start-end date 15/04/2020 - 12/06/2020
The Department is proposing amendments to the EP&A Regulation to improve transparency in the infrastructure contributions system through better reporting of contributions received and expended for individual contributions plans and planning agreements.  More...

Improving the review of local infrastructure contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are independently reviewed to ensure that they are reasonable. The Department has identified ways to improve the review process of local infrastructure contributions plans to make it more efficient while maintaining its important function.  More...

Draft planning agreements policy framework
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on an updated planning agreements policy framework. The proposed changes will result in a clearer and more transparent contributions process and will allow planning agreements to be used for their intended function to fund innovative infrastructure solutions.  More...

Criteria to request a higher s7.12 percentage - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on the proposal from key stakeholders and the community. Your feedback will help inform critical improvements to the infrastructure contributions system in NSW.  More...

NSW OEH: $16 million in funding for NSW manufacturers facilities
For  manufacturers as part of the NSW Government Energy Saver program to help them save energy, money and stay competitive globally. The first round of funding closes on 30 June 2019. More information on the program is available at Manufacturing efficiency funding

Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020

NSW Revenue:  COVID-19 (coronavirus) and parking space levy
29 April 2020 - As part of the NSW COVID-19 stage two economic package, the NSW Government has deferred parking space levy (PSL) payments from the end of March for six months until 30 September 2020, to provide cash flow relief to businesses.  More...

Queensland

Announcements, Draft Policies and Plans released 2019

Planning legislation amendment
Urgent amendments to Queensland's planning legislation are now in effect to address concerns raised by a range of stakeholders, including local government and industry, in response to the COVID-19 (updated 30 April 2020).   More...

COVID-19 update on Courts, Commissions, Tribunals, property law and criminal law
QLS will provide up to date information on their website regarding the evolving COVID-19 situation and the response of the Courts, Commissions, and Tribunals in Queensland (updated 27 April 2020).  More...

Queensland Government: COVID-19
Urgent amendments to the Planning legislation are in effect to address concerns raised by a range of stakeholders, including local government and industry, in response to the COVID-19 (updated 24 April 2020).  More...

PCA Advice: Implementation of the National Cabinet Mandatory Code of Conduct for SME Commercial Leasing Principles during COVID-19 crisis
After considering the contents of the Code and reflecting on how it can be best implemented in Queensland, the Property Council offers the following advice. The comments below outline the industry’s recommendations and highlights other areas where further clarification is required (22 April 2020).  More...

Brisbane City Council: Draft Central Park Masterplan
The draft plan is now out for public consultation following the release of five creative concepts from architecture and planning firms last year. The Victoria Park concept plan is now open to the public until April 28 on the Brisbane City Council’s website.

Cases

NSW

Verde Terra Pty Ltd v Central Coast Council (No 4) [2020] NSWLEC 45
PROCEDURE: application to set aside three subpoenas issued by a council on the grounds of oppression and a lack of forensic purpose – parties resolved issues in dispute concerning two of the three subpoenas prior to the hearing – application at the hearing by the council to amend the schedule of the subpoena – application allowed – whether amended subpoena lacked forensic purpose - whether amended subpoena oppressive – application dismissed – whether inspection should be subject to a confidentiality order – no exception circumstances or particular reasons warranting the making of such an order.   COSTS: application to set aside subpoena – subpoena amended at hearing to narrow its scope – amendment foreshadowed earlier prior to hearing – dispute concerning confidentiality of documents to be produced necessitated extra day of hearing – costs are costs in the cause.   COSTS: application to set aside notice to produce settled prior to hearing – claim for legal professional privilege made in respect of documents produced – redacted documents provided to settle dispute – costs are costs in the cause.

Johnson Property Group Pty Limited v Lake Macquarie City Council (No 2) [2020] NSWLEC 42
PROCEDURE – separate determination of question – question of law – right to appeal against rejection of development application – no right to appeal – appeal dismissed STATUTORY INTERPRETATION – ss 8.2, 8.6, 8.7 Environmental Planning and Assessment Act 1979 – whether “decision” and “determination” of consent authority are distinct terms – decision is distinct from determination – rejection of development application is a decision – approval and refusal are determinations – decision to reject is not a decision subject to appeal that the Division so provides – s 8.7 right to appeal limited to determinations

Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41
APPEAL – appeal against a Commissioner’s decision on questions of law – decision to grant deferred commencement consent for seniors housing – road, civil and infrastructure works needed but not part of development application – whether likely impacts of the development – whether failure to consider likely impacts – precondition to grant of consent – provision of water and sewer services – whether precondition satisfied – access way to seniors housing development – characterisation of use of access way – impact on oyster aquaculture – whether failure to consider – precondition to grant of consent – acid sulfate soils management plan for proposed works – plan submitted for some but not all proposed works – whether precondition satisfied – precondition to grant of consent – significant impact on biophysical, hydrological and ecological matters – whether failure to consider 

KEPCO Bylong Australia Pty Ltd v Independent Planning Commission [2020] NSWLEC 38
JOINDER - application for judicial review of a determination by the Independent Planning Commission to refuse State Significant Development consent to a proposed coal mine - joinder application by non-party pursuant to r 6.27 of the Uniform Civil Procedure Rules 2005 - whether appropriate to join opponent of the proposed mine as a party to the judicial review proceedings - application for joinder on the basis that it is necessary for the determination of all matters in dispute in the proceedings that the joinder applicant be joined as a contradictor - present sole respondent (the Commission) has filed a submitting appearance - applicant for joinder played a substantial role in opposing the proposed coal mine for which the applicant for judicial review sought State Significant Development consent - necessity for an active contradictor - desirability of permitting joinder on the basis of public interest issues arising from grounds pleaded in support of judicial review proceedings - whether participation as amicus curiae should be considered - applicant for joinder expressly disavows participation as amicus - not appropriate to consider possibility of participation as an amicus - appropriate to order joinder in the public interest - joinder ordered
COSTS - judicial review applicant seeks protective costs order if applicant for joinder joined as a party - consideration of cases cited in support of the making of such a protective costs order - cases cited do not provide support for a protective costs order as the facts and circumstances of the two cases cited are irrelevant to the present circumstances - protective costs order refused.
COSTS - joinder applicant seeks costs of joinder proceedings - presumption that costs follow the event - joinder applicant successful in joinder application - applicant in judicial review proceedings ordered to pay the costs of the applicant for joinder of the joinder proceedings 

Lindvest DM Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1195
JOINDER – application for joinder – statutory tests

Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 3) [2020] NSWLEC 40
EVIDENCE: Verde Terra parties object to affidavits, including expert evidence, filed and served by Central Coast Council after hearing adjourned part-heard – whether late affidavits fell within the scope of an order permitting further evidence to be filed by the Council “in response to” affidavits filed by Verde Terra parties - whether in the alternative leave ought to be granted to the Council to rely on the affidavits – whether leave would cause forensic disadvantage to Verde Terra parties – whether leave would cause further expense and necessitate additional hearing time - objection upheld, leave denied.

Zhang v Harutoonian [2020] NSWLEC 39
COSTS – applicant seeks order for dismissal of proceedings and costs – default costs order under Uniform Civil Procedure Rules 2005 that applicant pay costs unless otherwise order made - no unreasonable behaviour by respondent justifying an otherwise order – no capitulation by respondent justifying otherwise order

Hatziandreou Holdings Pty Ltd v Bayside Council [2020] NSWLEC 1191
APPEAL – modification application – development constructed contrary to development consent – modification seeks to incorporate the development as constructed in addition to proposed works – whether substantially the same – whether communal open area location and size was a material element of the original development – traffic and parking impacts

Ellis v Lane Cove Council [2020] NSWLEC 1190
DEVELOPMENT APPEAL – residential dwelling – excavation – consistency with character and streetscape

Secretary, Department of Planning and Environment v Sell & Parker Pty Ltd (No 3) [2020] NSWLEC 35
CRIMINAL PROCEDURE — Subpoena — Application to set aside — Legitimate forensic purpose — Documents sought relating to monetary benefits order — Application to set aside dismissed  
ENVIRONMENT AND PLANNING — Land and Environment Court — Practice and procedure — Judgments and orders — Monetary benefits order

PRJM Pty Ltd v Hawkesbury City Council [2020] NSWLEC 1187
DEVELOPMENT APPLICATION – caravan park – whether proposed development is compatible with character of local area – whether location and character make site particularly suitable for a caravan park – whether necessary facilities and services are reasonably available and accessible to future occupants of caravan park – consideration of road widths – consideration of contamination of site

Queensland

Gold Coast City Council v Sunland Group Limited & Anor [2020] QCA 89
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES –– where one of the respondents purchased land at Mermaid Beach – where the land was then subject to a preliminary approval which had been granted by the Planning and Environment Court under the now repealed Integrated Planning Act 1997 (Qld) (“the IPA”) in 2007 – where the preliminary approval made provision for the development of the land by a multi-stage residential development – where the preliminary approval made provision for contributions to the cost of relevant infrastructure to be paid by developers to the applicant – where those contributions were to be made under planning scheme policies which had been made by the applicant under a regime set out in the IPA – where those planning scheme policies were expressed to be temporary measures – where under the statute which now governs the development of this land, namely the Planning Act 2016 (Qld) (“the Planning Act”), there is no provision for a local government to make any further planning scheme policy for infrastructure – where the respondents say that the only infrastructure charges which can be levied and become payable on the occasion of any development permit issued for this land, are charges calculated by reference to the planning scheme policies – where the applicant says that infrastructure charges must be levied and paid, not according to the policies, but pursuant to the regime for the giving of an infrastructure charges notice under s 119 of the Planning Act – where the Planning and Environment Court made declarations in the respondents’ favour – whether the primary judge erred in finding in favour of the respondent
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS – where the primary judge found that the preliminary approval imposed a present obligation to pay contributions at a later date – where, in 2011, amendments to the Sustainable Planning Act 2009 (“the SPA”) introduced a new regime for local governments to recover from developers their contributions towards the cost of infrastructure which would be used by their development – where s 880 of the SPA stated that a local government must not levy certain infrastructure charges or impose a condition under a planning scheme policy to which s 847 applies – whether the effect of s 880 of the SPA was to prevent the Council from collecting the contributions under the preliminary approval – whether the primary judge erred in interpreting the preliminary approval and s 880 of the SPA
Integrated Planning Act 1997 Qld s 3.1.5, s 6.1.20; Planning Act 2016 Qld s 119; Sustainable Planning Act 2009 Qld s 635, s 847, s 880

Fabcot Pty Ltd v Cairns Regional Council & Ors [2020] QPEC 17
PLANNING AND ENVIRONMENT – APPEALS – appeals against a preliminary approval for a Shopping Centre and Health Care Services and a development permit for a Child Care Centre, Service Station and Food and Drink Outlet and reconfiguring a lot and operational work in the Low-medium density residential zone
ASSESSMENT – COMPLIANCE WITH THE PLANNING SCHEME – whether the proposed development complies with the planning scheme – whether there is a need for the proposed development – whether the proposed development would compromise the existing hierarchy of centres – whether there are relevant matters which justify approval
Planning Act 2016 Qld; Planning and Environment Court Act 2016 Qld

Highgate Partners Qld Pty Ltd v Sunshine Coast Regional Council [2020] QPEC 19
PLANNING AND ENVIRONMENT – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL – where the applicant sought to change an existing development approval to change lot sizes and create further sub-staging – whether the change is a minor change –– whether changes would result in substantially different development – whether the changes were acceptable - Planning Act 2016 Qld s 69, s 78, s 79, s 81, s 81A

Ashtrail Pty Ltd & Anor v Council of the City of Gold Coast [2020] QCA 82
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND AVAILABILITY OF APPEAL – where the applicants seek leave to appeal from a decision of the Planning and Environment Court – where the proceedings below were brought by the respondent seeking relief in respect of a development approval granted to the applicants in 2010 – where the decision below declared that: the 2010 Approval had not lapsed; conditions 5, 6, 10, 12 and 16 of the 2010 Approval had not been complied with; and, the non-compliance constituted a development offence under s 164 of the Planning Act 2016 (Qld) – where orders were made that the applicants comply with the five conditions prior to the commencement of the use permitted by the 2010 Approval – where none of the five conditions has been complied with – where the respondent did not oppose the grant of leave to appeal in respect of the first five grounds but opposed the sixth on the basis that it involved contended errors of fact rather than law – whether leave to appeal should be granted
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where s 340(1)(a) of the SPA provided that development under the 2010 Approval could start immediately upon it being granted – where s 341 of the SPA provided when an approval lapsed – where the applicants contend that on the proper construction of condition 5, payment was an essential precondition which had to be fulfilled “prior to … the commencement of the use”, and since they had not been satisfied, there was no “first change of use” within the four year period following the 2010 Approval – whether the learned trial judge erred by finding that the 2010 Approval had not lapsed under s 341(1) of the SPA when the five conditions had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where the applicants contend that there were significant departures from the approved plans and drawings contained in the 2010 Approval which had the effect that it lapsed “because the particular use under the 2010 Approval did not occur prior to that date” – where the learned trial judge observed that it could be accepted that evidence reflected departures from the approved form of the development that were not minor – where the learned trial judge held that the departures were in no way determinative of the question whether the use to which the land was being put was the use contended for by the respondent – whether the learned trial judge erred by finding that the 2010 Approval had not lapsed under s 341(1) of the SPA, when condition 1 required the development to be carried out generally in accordance with the approved plans and drawings, and the approved plans and drawings had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where the applicants contended that the respondent’s proceedings were out of time because they had been started more than six years from the date on which the cause of action arose – where the learned trial judge accepted that the cause of action was complete on the date the 2010 Approval came into effect – where the learned trial judge concluded that the proceedings were for enforcement proceedings concerning alleged non-compliance with conditions of an approval – whether the learned trial judge erred by finding that s 10(1)(d) of the Limitation of Actions Act 1974 (Qld) does not apply to an application seeking an enforcement order pursuant to s 180 of the Planning Act, where the order sought by the Council required the applicants to pay sums of money to it
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the learned trial judge concluded that matters identified concerning the loss of documents would not have led to a different conclusion as to the fact that the delay had not caused any material prejudice – where the applicants were on notice that the respondent contended that the conditions had not been met and could be enforced – whether the learned trial judge erred by finding that s 38(4) of the Acts Interpretation Act 1954 (Qld) does not apply to an application seeking enforcement orders pursuant to s 180 of the Planning Act
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the applicants’ contentions commenced with observing that the term “driving instructing” was not defined in the two relevant planning schemes in operation at the commencement of use on Lot 36, and at the time of the 2010 Approval – where factual statements drawn from promotional material issued by the applicants were likely to be accurate in the description of the existing use – where the learned trial judge also referred to documents published by the applicants subsequent to the 2010 Approval – where his Honour rejected the qualifications placed upon the documentary evidence by the two principals – whether the learned trial judge erred by construing the term “driving instructing” to include instruction in the operation of plant and equipment or, alternatively, failing to give adequate reasons for so construing the term “driving instructing”
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INTERESTS – QUEENSLAND – whether the learned trial judge erred by finding that there had been a material change of use for “driving instruction” or “motor vehicle workshop/ERA” on Lot 36, in the absence of evidence to justify that finding or, alternatively, by drawing inferences not properly available on the evidence; and misapplying the onus of proof in that regard

Bundaberg Regional Council v Muller [2020] QPEC 16
ENVIRONMENT AND PLANNING – CONTEMPT – PARTICULAR CONTEMPTS – DISOBEDIENCE OF ORDERS OF COURT – where Planning and Environment Court judge has power to punish for contempt – whether the contemnor purged their contempt – whether the applicant conducted itself appropriately
District Court of Queensland Act 1967 Qld; Planning Act 2016 Qld; Planning and Environment Court Act 2016 Qld

Goldicott House Pty Ltd v Brisbane City Council & Ors [2020] QPEC 11
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application for development permits – where a development permit was sought to enable a material change of use to a former convent as a dwelling house – where the land is within the Community Facilities zone and an Education Purposes zone precinct – whether a compensatory community benefit has been demonstrated to justify a use of the building other than for a community facility – whether the material change of use component of the application should be approved
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application for development permits – where a development permit was sought to reconfigure the lot to create two lots – where the proposed subdivision was opposed on grounds relating to heritage, access and planning issues – where the subdivision may constrain the utility of the site in circumstances where nothing is currently known about its intended future use – whether the reconfiguration of the lot component of the application should be approved
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application for development permits – where a development permit was sought to demolish a music room situated near the entrance to the site–– whether demolition of the music room would offend State Code 14: Queensland Heritage or the provisions of City Plan 2014 – whether the music room contributes to the cultural heritage significance of the place – whether the demolition of the music room component of the application should be approved on its merits – whether refusal of the other components of the development application led to a lack of utility in approval of the demolition component
Planning Act 2016 Qld ss 8, 45, 60, 282, Sch 2; Planning and Environment Court Act 2016 Qld ss 43, 45, 46, 47
Planning Regulation 2017 Qld s 31(1), Sch 10; Queensland Heritage Act 1992 Qld ss 31(3), 34(1), 34(2)
Sustainable Planning Act 2009 Qld s 326

Legislation

Industry Research and Development (Access to Bushfire Construction Standards Program) Instrument 2020
24/04/2020 - This instrument prescribes the Access to Bushfire Construction Standards Program.  

NSW

Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (COVID-19 Planning Bodies) Regulation 2020 (2020-177) — published LW 30 April 2020
Environmental Planning and Assessment Amendment (Penrith Lakes Development Corporation) Regulation 2020 (2020-178) — published LW 1 May 2020
Home Building Amendment (Miscellaneous) Regulation 2020 (2020-179) — published LW 1 May 2020
Protection of the Environment Operations (General) Amendment (Railway Systems Activities) Regulation 2020 (2020-180) — published LW 1 May 2020
Water Management (General) Amendment (Access Licence) Regulation (No 2) 2020 (2020-181) — published LW 1 May 2020
Retail and Other Commercial Leases (COVID-19) Regulation 2020 (2020-175) — published LW 24 April 2020
Water Supply (Critical Needs) Amendment (Bathurst Water Supply) Regulation 2020 (2020-171) — published LW 24 April 2020

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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