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Inside track: Planning, Environment & Sustainability

13 October 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Natural hazard risk past tipping point, royal commission told
The escalating risk from natural hazards anticipated for years in Australia is now manifest and is outstripping the nation’s preparedness to manage the fallout, a Royal Commission hearing was told last week. The hearing heard Australia faces more frequent and intense disasters due to climate change and now is the time to make policy changes (28 September 2020). More...

Planning reform quick wins could deliver $5.7 billion post COVID-19 stimulus
The Australian economy could benefit from a $5.7 billion per annum boost if each state and territory implements just one of the ‘quick win’ planning reforms identified in the Planning to Prosper report commissioned by the Property Council of Australia (24 September 2020).  More...

Victoria

Airlift Operation To Bring Forest Back To Life After Bushfire
The Victorian Government is undertaking the largest forest restoration effort in the state’s history with a $7.7 million operation that airlifted tonnes of eucalypt seeds into areas of forest devastated by bushfires ( 01 October 2020).  More...

Fishermans Bend Development Board Reappointed
City planning expert Meredith Sussex will continue to lead the organisation charged with advancing Australia’s largest urban renewal precinct – Fishermans Bend (01 October 2020) .  More...

Outdoor dining to transform Melbourne
In a move that will transform Melbourne’s food culture for generations to come, the City of Melbourne and the Victorian Government will support businesses to expand their outdoor trading onto footpaths, carparks, streets and laneways (01 October 2020).  More...

EPA fines wrecker's yard for lack of leak prevention
Environment Protection Authority Victoria (EPA) has fined a northern suburbs auto wrecker’s yard more than $16,000 over industrial waste and a lack of measures to prevent leakage into the environment (01 October 2020).  More...

Have your say on new waste and recycling law
The proposed new waste authority would set and regulate sector standards as well as gather and manage data.  The new authority will assume the functions currently sitting with the Waste and Resource Recovery Groups and some of Sustainability Victoria’s work (30 September 2020). More...

Bringing Clean Energy to Regional Victorian Communities
The Victorian Government is helping local businesses use more renewable energy technologies that reduce electricity costs, create jobs and support clean power (30 September 2020) .  More...

Fairness Extended For Commercial Tenants, Landlords
New regulations introduce proportional rent relief for commercial tenants and give powers for rent relief orders to be made when landlords refuse to negotiate in good faith with tenants suffering losses (30 September 2020).  More...

Register your pool now to help save lives
With summer fast approaching, the Victorian Government is reminding pool owners they only have until November to register their private pool or spa. The regulations include new requirements for owners to register their swimming pools and spas with their local council by 1 November 2020 with a one-off fee of up to $79 (28 September 2020). More...

Battle for Bells Beach at council election
The famous Victorian surf break is at the centre of a political tussle in Torquay, where a population explosion has heightened concerns about protecting the natural landscape (25 September 2020).  More...

Bushfire-Affected Residents Take Next Steps Towards Rebuilding
Families who lost their homes in the 2019-20 Victorian bushfires are taking the next steps in their rebuilding and recovery journey with the support of payments from the Victorian Bushfire Appeal and grants (24 September 2020).  More...

Polis Group's East Melbourne Plans
Polis Group have lodged plans for an art deco inspired 9-storey commercial and 10-storey residential development in East Melbourne (23 September 2020).  More...

Western Water fined
An unlicensed discharge of Class B recycled water at Gisborne by Western Region Water Authority has been met with a fine from Environment Protection Authority Victoria (EPA) (21 September 2020).   More...

A makeover for Melbourne’s laneways
The Victorian Government is backing revitalisation works in Melbourne’s iconic laneways, creating scores of new jobs and ensuring the city will be at its best when crowds return to the heart of the capital (22 September 2020).  More...

Hengyi Lodges Plans for $160m Retirement Village
Chinese-backed high-rise developer Hengyi has lodged plans for a $160 million retirement community at the historic Beachleigh Estate hospital site on the Mornington Peninsula (21 September 2020).  More...

Queensland

$14 million land rent relief for farmers, businesses and clubs
Almost 6000 farmers, businesses, and community and sports clubs, doing it tough won’t have to pay state land rent until 2021 under an additional $14.1 million in COVID relief (01 October 2020).  More...

Singapore’s ARA Unveils Brisbane CBD Office Tower
Singapore's ARA Asset Management is pushing ahead with a major commercial project in Brisbane’s CBD, lodging plans for a 22-storey commercial tower set to be wrapped in a terracotta frame (01 October 2020).  More...

Modernised Body Corporate regulations to commence in March 2021
The Palaszczuk Government has finalised a modernised set of body corporate regulations which will deliver important benefits for Queensland unit owners. To assist stakeholders with the transition, the new regulations will take effect from 1 March 2021 (29 September 2020) .  More...

Hudson Plots Bowen Hills office tower
ASX-listed investment group Hudson has lodged plans for a mixed-use development in Brisbane’s fast-growing inner north. The proposed mixed-use development, set to replace two existing two-storey office and industrial buildings, lies within the 100-hectare Bowen Hills priority development area (28 September 2020).  More...

Stockwell Submits Fish Lane Twin Towers
Private developer Stockwell is defying headwinds in the housing market, submitting a development application for a twin tower apartment project in South Brisbane's Fish Lane precinct (23 September 2020).  More...

Council launches new green buildings infrastructure incentive
Brisbane City Council has launched a new green buildings incentive policy to support and encourage development of greener and more energy efficient buildings across Brisbane. Tthe Brisbane Green Buildings Incentive Policy will offer eligible applicants a 50% rebate on infrastructure charges paid for Council networks (23 September 2020).  More...

In practice and courts

Announcements, Draft Policies and Plans released 2020

Victoria

Have your say on new waste and recycling law
What do you think about Victoria’s proposed new waste Act and waste authority,  part of Recycling Victoria - our $300 million, 10-year plan to deliver a waste and recycling system Victorians can rely on. Have your say by completing our online survey or making a submission at Engage Victoria by 9 October.

Proposed Amendment C255GBEN to the Bendigo Planning Scheme
Amendment C255gben to the Greater Bendigo Planning Scheme proposes to make changes to the planning provisions for surplus La Trobe University land at 2 Osborne Street, Flora Hill. The amendment proposes to rezone the site from Public Use Zone 2 – Education to a new Residential Growth Zone – Schedule 2, apply a new Development Plan Overlay – Schedule 30, apply the Heritage Overlay to a portion of the site, being the curtilage to the locally significant ‘Eumana’ house and its two significant Oak trees and amend the schedule to Clause 72.04 to insert a new incorporated document, the Eumana Heritage Place Statement of Significance, October 2019. Further information is available at here (01 October 2020). 

Extension to the declaration of Surf Coast, Bellarine Peninsula and Bass Coast as distinctive areas and landscapes
The Governor in Council, under section 46AT(3) of the Planning and Environment Act 1987, has approved the extension of time required to prepare Statements of Planning Policy for Surf Coast, Bellarine Peninsula and Bass Coast for a further 12 month period.(24 September 2020)

Draft Buffer Area Overlay – Submissions open
DELWP is inviting submissions from the public on a draft Buffer Area Overlay to better manage land use and development in areas potentially affected by a range of health and safety impacts from industry, warehouse or other uses. Submissions can be made online at Engage Victoria and have closed on 14 October 2020.

Melbourne Airport Environs Safeguarding Standing Advisory Committee – Submissions  period extended
The Melbourne Airport Environs Safeguarding Standing Advisory Committee is currently seeking submissions to advise the Minister for Planning on improvements to the planning provisions safeguarding Melbourne Airport and its environs. Submissions are also welcome on improvements to planning provisions that may help safeguard other airport environs in Victoria.  To learn more about the Committee and to make a submission, visit Engage Victoria. Please note, the Committee has extended the submissions period until, 2 October 2020.

Victoria's Commercial Land Use Zoning: Productivity reform case study
The case study was handed to the Council on Federal Financial Relations on 28 July 2020 and publicly released on 14 September 2020 More...

DELP: to transform how we report on water
The way we provide this information to Victorians is changing. The Online Water Accounts platform was launched this month at accounts.water.vic.gov.au. Through the Online Water Accounts you can explore the use and availability in the river basin, water corporation or town of your choice using an interactive map (September 2020).

SRO: Further tax and fee relief measures
14 September 2020 - As part of a $3 billion business support package, the Victorian Government has announced further coronavirus tax relief measures, including waiving of liquor licencing fees for 2021, deferral for 2020-21 payroll tax liabilities, and duty reductions for those buying commercial or industrial property in regional Victoria. Note: Following the recent Victorian bushfires, the Victorian Government passed legislation in April 2020 to bring forward the 50% stamp duty discount for contracts entered into on or after 27 January 2020 to buy commercial or industrial property in bushfire affected LGAs. The 50% stamp duty discount for commercial and industrial property across all of regional Victoria will be brought forward to 1 January 2021.

SRO: Further land tax relief for landlords and business owners
The Victorian Government has announced further land tax relief for landlords, in response to the coronavirus (COVID-19) pandemic, as part of its extension of the commercial and residential tenancy relief schemes until 31 December 2020. Commercial landlords who apply for coronavirus land tax relief must continue to provide rent relief that complies with the requirements of the Commercial Tenancy Relief Scheme.

SRO Reminder: HomeBuilder Grant online applications
Online applications are now open for the Australian Government’s HomeBuilder Grant. Information about eligibility criteria and the supporting documents you will need to upload with your application is available on our HomeBuilder Grant guidelines web page. Applications must be lodged by no later than 31 December 2020

Code of Conduct for Building Surveyors
State Building Surveyor - The code clearly sets out examples of inappropriate conduct and establishes eight key areas of professional conduct that building surveyors in Victoria must follow. The building surveyor code commences on 1 January 2021.   More...

Victorian eviction moratorium extended until 28 March 2021
Residential tenants and landlords who struggle to reach agreement over rent reductions have access to the dispute resolution service run by Consumer Affairs Victoria for residential tenancies. The Victorian Small Business Commission offers a similar service for commercial tenancies.  Residential and commercial tenants and landlords can also take advantage of more support, including further land tax reductions and more grant funding. For more information see our Renting rules and support during the moratorium page ( September 2020).

Consumer Affairs:  Estate Agents (Education) Interim Regulations 2019 - Legislation update
The Estate Agents (Education) Interim Regulations 2019 (Interim Regulations) will remain in force until 22 October 2020. A public consultation on the new regulations will take place in the first half of 2020.  More...

New Environment Protection Act postponed to July 2021
The legislation has been postponed and is intended to commence on 1 July 2021. On that basis, EPA will continue to regulate under the Environment Protection Act 1970, including all existing subordinate legislation (Regulations and statutory policies including state environment protection policies and waste management policies) until the new commencement date.  More...

Smart Planning PPF Translation Update
Smart Planning continues to work with councils on their Planning Policy Framework (PPF) translations. To date, PPF translations have been gazetted for Murrindindi, French Island and Sandstone Island, Glenelg, Moonee Valley, Golden Plains, Southern Grampians and Colac-Otway. The PPF translation project is time bound and all planning schemes must be translated by 30 June 2021. Information on preparing for your PPF translation is available on the Smart Planning website.

Golf Course Redevelopment Standing Advisory Committee – Part 1 Report and finalised Planning Guidelines for the conversion of Golf Course Land to other purposes
The Part 1 Report is now available. Following consideration of the Golf Course Redevelopment Standing Advisory Committee’s Part 1 Report, the Minister for Planning has released the Planning Guidelines for the Conversion of Golf Course Land to Other Purposes. They set clear expectations for all stakeholders, including the community, about how golf course land should be redeveloped. Stage 2 Workshops now October 2020. The new Ministerial Direction 21 Golf Course Redevelopment directs planning authorities preparing an amendment to a planning scheme to enable the redevelopment of a golf course to have regard to the guidelines and include in the explanatory report for the amendment an explanation of how the amendment addresses the guidelines.

Approvals
Bayside C126bays implements the recommendations of the Bayside Small Activity Centres Strategy (2014) by making consequential changes to the Municipal Strategic Statement, introducing new schedules to the Design and Development Overlay for 32 neighbourhood activity centres and amending the schedule to Clause 52.28 (Gaming).

Boroondara C321boro facilitates the redevelopment of the Markham Housing Estate at 10 Markham Avenue, Ashburton by applying the Specific Controls Overlay – Schedule 5 to the site and introducing the associated Markham Housing Estate Incorporated Document, May 2020; amending the Schedule to Clause 72.01 – Responsible Authority for this Planning Scheme to make the Minister for Planning the Responsible Authority for the site; amending the Schedule to Clause 72.03 – What does this planning scheme consist of? to insert Map 19SCO; and amending the Schedule to Clause 72.04 – Documents Incorporated in this Planning Scheme to introduce the Incorporated Document Markham Housing Estate Incorporated Document, May 2020.

Casey C277case applies the Specific Controls Overlay 10 to additional project land in Lynbrook required for the Cranbourne Line Upgrade project, to allow the use and development of the land in accordance with the Cranbourne Line Upgrade Incorporated Document, February 2020. 

Melbourne C368melb amends Schedule 1 to the Special Use Zone to move ‘Telecommunication facility’ from ‘Section 3 – Prohibited’ to ‘Section 2 – Permit required’ in the Table of uses.

Moonee Valley C214moon extends interim mandatory maximum building height controls for the Moonee Ponds Activity Centre (Precincts 1-8) until 31 May 2021 by amending Schedule 1 to the Activity Centre Zone.

Moyne C66moyn makes corrections to remove inconsistencies and technical errors in local schedules of the Moyne Planning Scheme to ensure compliance with the Victoria Planning Provisions and the Ministerial Direction on the Form and Content of Planning Schemes as part of the Smart Planning Program administered by the Department of Environment, Land, Water and Planning. 

Warrnambool C206warr applies a Specific Controls Overlay to 69-75 Mortlake Road, Warrnambool to facilitate the development of 68 dwellings and associated facilities, use and development of a medical centre, food and drink premises, takeaway food premises and construction of an access to a Road Zone Category 1; amends the Schedule to Clause 72.03, the Schedule to Clause 72.04 to insert incorporated document, “69-75 Mortlake Road, Warrnambool, Incorporated Document August 2020” and inserts Planning Scheme Map No. 9SCO to apply SCO6 to the subject land. 

Exhibitions
Baw Baw C139bawb proposes to translate the Baw Baw Planning Scheme into the new Planning Policy Framework at Clauses 10-19 and Municipal Planning Strategy at Clause 2 introduced to the Victoria Planning Provisions by Amendment VC148. It also updates local schedules throughout the planning scheme to conform to the current form and content requirements. A limited policy change is proposed, mainly to correct errors and inadequacies of the existing local provisions.

Panel Reports
Melbourne C305melb Implement the recommendations from the Southbank and Fishermans Bend Heritage Review 2016.
Bayside C174bays Apply the Heritage Overlay (HO773) to the Esme Johnston House at 38 Grosvenor Street, Brighton.
Golden Plains C87gpla Implementation of the Inverleigh Structure Plan 2019.

Queensland

New Body Corporate Regulations
The Queensland Government has released a new set of Body Corporate regulations intended to streamline body corporate procedures and increase protections for lot owners. To find out more about the new regulation, please click here. (October 2020). 

QLS 30 Sept 2020
Feedback request on retail and commercial lease regulation extension
Practitioners are invited to comment on potential outcomes from the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Amendment Regulation 2020.  More...

P&E Court to resume in-person ADR conferences 
In-person ADR conferences have resumed in the Planning and Environment Court as of 28 September. More...

Walkable Neighbourhoods
The Queensland Government has introduced the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020. September 28 2020. To find out more about the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020 and the supporting technical documents, please click here. ( September 2020)

EHP Prosecutions
A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions. More...   

Open for Consultation: Moreton Bay Regional Economic Development Strategy
Moreton Bay Regional Council has developed a Regional Economic Development Strategy that is now open for community consultation.  The strategy provides a 20-year economic vision for Moreton Bay, and a blueprint for sustainable economic growth into the future.  To view the draft strategy and provide feedback, please click here.

Queensland Planning Legislation
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. The Minister for Planning has extended the COVID-19 emergency applicable event to 31 October 2020. More...

Cases

Anasis v Hume City Council & Anor [2020] VSC 620
JUDICIAL REVIEW AND APPEAL – Application for judicial review of decision by VCAT to make enforcement order under s 114 Planning and Environment Act 1987 (Vic) for contravention of Council Planning Scheme – Whether Tribunal erred in weighting of evidence amounting to denial of natural justice – No error of law in Tribunal’s approach to evidence – Whether denial of opportunity to cross examine on affidavit received after conclusion of evidence amounts to denial of procedural fairness – No denial of procedural fairness arises where Tribunal gave no weight to affidavit – No grounds of review made out – Application dismissed.

Sena Property Group Pty Ltd v Boroondara CC [2020] VCAT 1037
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
Construction of seven dwellings, six of which have a three-storey height and one is double storey

Salfi v Whittlesea CC [2020] VCAT 1096
Application under s. 81(1) Planning and Environment Act to review the refusal to extend the time to commence a development. Construction of a dwelling to the rear of an existing dwelling.

Meseha v Monash CC [2020] VCAT 1084
Construction of three double-storey dwellings. Application under section 79 of the Planning and Environment Act 1987 – to review the failure to grant a permit within the prescribed time.

Sena Property Group Pty Ltd v Boroondara CC [2020] VCAT 1037
Construction of seven dwellings, six of which have a three-storey height and one is double storey.
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Cardinia SC v Douglas [2020] VCAT 1088
Pursuant to section 115B and 115CA of the Victorian Civil and Administrative Tribunal Act 1998, Stephen Ross Douglas is ordered to reimburse the applicant, Cardinia Shire Council, the whole of the application fee and daily hearing fee paid by the applicant in the proceeding, namely $2,280.40, within 60 days of the date of this order. Application under section 114 of the Planning and Environment Act 1987 – application for an enforcement order.

Bread & Butter Investments Pty Ltd v Port Phillip CC [2020] VCAT 1080
Construction of two dwelling scomprising a three storey building and a basement car park on land at 3 Hood Street, Elwood (the review site) Application under section 82 of the Planning and Environment Act 1987–to review the decision to grant a permit. 

Lindsay Smith v Hobsons Bay CC [2020] VCAT 1070
To construct two, two storey dwellings. The site coverage is 62.3% and Garden Area is 35.9%. Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.

Clause 1 Planning v Whittlesea CC [2020] VCAT 1082
Section 81(1) of the Planning and Environment Act 1987; Whittlesea Planning Scheme; General Residential Zone Schedule 4; Development Contributions Overlay Schedule 3; Construction of four dwellings; Request to extend permit; Change in zoning; Likelihood of permit being granted under current scheme.

Hansen v Yarra CC [2020] VCAT 1074
Section 82 of the Planning & Environment Act 1987; Yarra Planning Scheme; Two dwellings: Off-site amenity impacts (Clause 55)

Chen v Stonnington CC [2020] VCAT 1062
To construct a two-storey dwelling, swimming pool, front fence and removal of trees. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Huang v Boroondara CC [2020] VCAT 1067
Section 77 of the Planning and Environment Act 1987. Boroondara Planning Scheme. Neighbourhood Residential Zone. Heritage Overlay. Partial demolition, alterations and two-storey additions. Heritage streetscape. Off-site amenity impacts.

Planning & Design Pty Ltd v Darebin CC [2020] VCAT 1069
Darebin Planning Scheme; Residential Growth Zone, Schedule 1; Amendment to include additional bedrooms within apartments; Secluded private open space; Internal layout; Internal amenity.

Stefanetti v Manningham CC [2020] VCAT 1060
Applications under Section 82 of the Planning and Environment Act 1987. Manningham Planning Scheme. Residential Growth Zone. Design and Development Overlay Schedule, 8. Four storey apartment development. Built form. Amenity. Vehicle access. 

910 Donnybrook Road Pty Ltd v Whittlesea CC [2020] VCAT 1066
Whittlesea Planning Scheme; Application pursuant to Section 77 of the Planning & Environment Act 1987; Urban Growth Zone (UGZ); Shenstone Park PSP; Two lot subdivision; Lot boundary; Collector Road; Permit conditions.

Do v Greater Dandenong CC [2020] VCAT 1063
Develop and construct three double storey dwellings on land at 16 Callaghan Street Noble Park (the review site). Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

A & V Holdings Pty Ltd v Stonnington CC [2020] VCAT 1048
Amendment to existing approved plans, additional storey to mixed use building, reduced car parking provision, visual bulk 

Caldeed Pty Ltd v Moreland CC [2020] VCAT 1058
Pursuant to section 149A of the Planning and Environment Act 1987, and in lieu of the declaration sought by the applicant, the Tribunal determines and declares that the works undertaken by the applicant on the land in the period prior to 4 November 2019, insofar as those works comprise the removal of underground storage tanks, and the excavation, stockpiling, removal and replacement of soil/fill, are not demolition works, but are properly characterised as ‘remediation works’. 

Osky Properties Pty Ltd v Darebin CC [2020] VCAT 1052
Section 77 of the Planning & Environment Act 1987; Darebin Planning Scheme; Five dwellings – RGZ3, DDO18

Elbodon v Hobsons Bay CC [2020] VCAT 1049
Application under Section 77 of the Planning and Environment Act 1987; review of refusal to grant a permit; Hobsons Bay Planning Scheme; General Residential Zone; Heritage Overlay; part demolition and alterations and extensions to the existing dwelling; neighbourhood character; heritage values and amenity

Coad v Whitehorse CC [2020] VCAT 1059
Application under section 79 of the Planning and Environment Act 1987; Review the failure to grant a permit within the prescribed time; Neighbourhood Residential Zone – Schedule 2 (NRZ2); Significant Landscape Overlay – Schedule 9 (SLO9); Neighbourhood character; Bush Suburban 1 precinct; Landscaping.

HSB Capital Pty Ltd v Melbourne CC [2020] VCAT 1021
Section 79 of the Planning and Environment Act 1987; Melbourne Planning Scheme; Mixed Use Zone; Heritage Overlay HO3; Mandatory Height Limit; Built Form; Response to Laneway Setting; Vehicle and Pedestrian Movement; Equitable Development Opportunities; Off-Site Amenity Impacts.

Bracha Investments (Lansell Road Land) Pty Ltd v Stonnington CC [2020] VCAT 1007
Section 77 Planning and Environment Act 1987; Stonnington Planning Scheme; General Residential Zone- Schedule 8; Apartments; Neighbourhood Character; Amenity

Pezzimenti v Darebin CC [2020] VCAT 1006
To construct four, two storey dwellings. Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.

Sargeant v Manningham CC [2020] VCAT 879
Section 77 of the Planning and Environment Act 1987; Manningham Planning Scheme; General Residential Zone; building bulk; building height; building setbacks; neighbourhood character; space for landscaping; partial reverse living configuration.

Catterall & Ors v Moreton Bay Regional Council & Anor [2020] QPEC 52
PLANNING AND ENVIRONMENT – APPEAL – where appeal against decision to approve a change application for other than a minor change to a development approval – where the changes proposed increase building height but reduce density, bulk and scale – whether the subject land is suitable for high density residential development – whether the changed development, by reason of its height, bulk, scale and density, will have unacceptable impacts on character and amenity – whether the height, bulk scale and density of the changed development complies with the respondent’s planning scheme – whether the change application should be approved or refused. Acts Interpretation Act 1954 Qld s 14B
Planning Act 2016 Qld ss 45, 59, 60, 78, 82, 229 and Sch 1 & 2
Planning & Environment Court Act 2016 Qld ss 43, 45, 46 and 47

Gold Coast Motorsport Training Centre Pty Ltd v Gold Coast City Council [2020] QPEC 51
For a  determination  that  a  number  of  changes  to  a  development  application  currently  before  the  Gold  Coast  City  Council, constitute  minor  changes  within  the  meaning of section 350 of the Sustainable Planning Act 2009. Development  permit  for  a  material  change  of  use  for  outdoor  motorsport  and  recreation  (motorsport  and  training  facility) 

Traspunt No. 7 Pty Ltd v Moreton Bay Regional Council [2020] QPEC 50
PLANNING AND ENVIRONMENT – APPEAL – CONDITIONS – INFRASTRUCTURE CONDITIONS – where the Council imposed a condition requiring dedication of an area of land for road – whether the Local Government Infrastructure Plan (LGIP) identified adequate trunk infrastructure to service the subject premises – whether the proposed dedication was necessary to service the subject premises
Planning Act 2016 Qld s 66, s 127, s 128, s 140, s 142, s 145

The Chief Executive administering the Environmental Protection Act 1994 v Baal Gammon Copper Pty Ltd & Anor (No.2) [2020] QPEC 49
PLANNING AND ENVIRONMENT – APPLICATION – COSTS – where applicant’s amended application in pending proceeding to punish the respondents for contempt was dismissed - where respondents sought an order as to costs – whether application frivolous or vexatious – whether discretionary reasons to refuse order for costs – whether costs should be assessed on the indemnity basis.
Planning & Environment Court Act 2016 Qld ss 59 and 60; Uniform Civil Procedure Rules 1999 Qld rr 72 and 371

Legislation

Victoria

Acts

COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic)
Date of assent: 22 September 2020 Act Number: 25/2020

Retail Leases Amendment Act 2020 (Vic)
Date of assent: 22 September 2020Act Number: 26/2020

Statutory rules
No 95 Residential Tenancies (COVID-19 Emergency Measures) Amendment Regulations 2020 - 22 September 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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