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Inside track: Planning, Environment & Sustainability

15 April 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Green Star makes business sense as we collectively look to the future
The GBCA annual TRANSFORM launched the GBCA’s latest report, Green Star in focus: the business case. From attractive tax concessions to higher asset values, Green Star buildings boast decreased operational costs, lower electricity and water usage, and happier, healthier tenants that hang around for the long term (31 March 2020).  More...

Cities after coronavirus: how Covid-19 could radically alter urban life
One of the most pressing questions that urban planners will face is the apparent tension between densification – the push towards cities becoming more concentrated, which is seen as essential to improving environmental sustainability – and disaggregation, the separating out of populations, which is one of the key tools currently being used to hold back infection transmission (26 March 2020).  More...

NSW

Jobs boost through fast-tracked planning system
The NSW Government will cut red tape and fast-track planning processes to keep people in jobs and the construction industry moving throughout the COVID-19 crisis (03 April 2020).  More...

Construction hours extended to support industry during COVID-19
Construction sites can now operate on weekends and public holidays under new rules introduced by the NSW Government to support the industry during the COVID-19 pandemic (02 April 2020).  More...

Planning rules relaxed for food trucks and 'dark kitchens'
Food trucks and ‘dark kitchens’ are now easier to set up and operate, thanks to new planning rules in response to the COVID-19 crisis (02 April 2020).  More...

Supermarkets and pharmacies now able to operate 24/7
Supermarkets and pharmacies will be able to operate around the clock in NSW to guarantee communities have access to essential goods at all times during the COVID-19 pandemic (25 March 2020).  More...

e-Planning to become mandatory from July
The NSW government says e-planning will transform the planning system. From July 1 councils and Principal Certifying Authorities (PCAs) in metropolitan areas will have to start accepting and processing DAs, complying development certificates and post-consent certificates via the NSW Planning Portal (22 March 2020).  More...

Victoria

Construction hours extended in response to COVID-19
The City of Melbourne will temporarily adjust the management of construction activity in certain cases in the municipality in a bid to fast-track construction projects, save jobs and help limit the economic impact of COVID-19 (02 April 2020).  More...

Peter Devitt’s luxury Muse get green light, planning appeal rejected
Work is underway on Peter Devitt’s luxury Muse apartment complex on St Kilda Road after it received a green light from Victoria’s planning tribunal (01 April 2020).  More...

Misuse of EPA logo leads to conviction and fine
An asbestos removal company has been convicted and fined for misusing the logo of Environment Protection Authority Victoria (EPA) on its business stationery and website. The EPA is prepared to take decisive action against any person who falsely suggests an affiliation with EPA (27 March 2020).  More...

Melbourne’s Top 15 Major Development Projects
Despite the crippling economic impacts of the recent coronavirus outbreak and the uncertainty hanging over the nation's property sector, Melbourne remains the midst of a development boom (26 March 2020).  More...

Big fine for illegal burn
Environment Protection Authority Victoria (EPA) says that courts are increasingly prepared to convict companies and directors who are first time environmental offenders after a decision was handed (26 March 2020).  More...

In practice and courts

New NatHERS certificate to be rolled out by 30 April 2020
A new NatHERS certificate will soon come into use as software tools transition to Chenath Engine version 3.21.The new NatHERS certificate has been developed after significant consultation with industry users and will replace the previous “universal certificate” for all new assessments from 1 May 2020.  More...

NSW

Land and Environment Court: Changes in Registry filing procedures
From Tuesday 24 March 2020, the counter of the LEC Registry will not be personally attended by Registry staff. All documents should be filed by Online Registry, DX, post or courier, as previously advised.

Land and Environment Court: Telephone and Audio Visual Link Conferencing Protocol
The Court has issued a Protocol for using audio link and audio visual link at the Land and Environment Court (24 March 2020).  More...

Department of Planning, Industry and Environment: Our COVID-19 response - New changes
On 25 March 2020, the NSW Government introduced the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020, which made changes to the Environmental Planning and Assessment Act 1979. The changes allow the Minister for Planning and Public Spaces to make an order for development to be carried out without the normal planning approval during the COVID-19 pandemic. The list of Ministerial orders currently in force is below.

Physical copies of planning documents no longer required
The COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 removed the requirement for planning decision makers (such as councils) to display physical copies of some documents. These documents will now be available online via the NSW Planning Portal . Digital documents include development applications, Environmental Impact Statements on exhibition, registers of development consents, complying development certificates and construction certificates. Current exhibition periods will be unaffected

Supporting supermarket deliveries
The State Environmental Planning Policy (COVID-19 Response) allows supermarkets and other retail outlets across the State to receive deliveries 24 hours a day. The policy overrides local planning restrictions that limit the timing and frequency of truck deliveries to ensure consistent supply of essential goods to communities right across the State.

New orders

Retail trading and operating hours and waste disposal
The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Extended Operation) Order 2020 on 25 March 2020.
The order allows for retail premises such as supermarkets, pharmacies and corner stores to operate 24 hours per day. Retailers that are part of hotels and motels are now also able to provide food and beverages 24 hours per day to people using their accommodation to consume in their rooms. When operating outside the usual hours of operation, retailers must take steps to reduce noise.

Home businesses operating hours
The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Extended Operation) Order 2020 on 25 March 2020.
The order allows home businesses to operate 24 hours per day and to employ more than two people other than the permanent residents of the dwelling. All other conditions still apply, and home businesses must take steps to ensure that they have no adverse impact on the amenity of the neighbourhood including noise, smell, fumes or waste products.

Office of Registrar General: Schedule of release of residual documents
This schedule provides information on what dealings will be available electronically in May 2020.  More...

Victoria

Integrating Environment Protection Reforms in Response to the new Environment Protection Act 2017
Consultation on draft changes to the Victoria Planning Provisions and Ministerial Direction No 1 begins on Friday 3 April 2020. You are invited to view draft documents and make a submission by Tuesday 5 May 2020 on Engage Victoria. The documents include an amended State policy for contaminated land, Environmental Audit Overlay and Ministerial Direction Potentially Contaminated Land (03 April 2020).  More...

Extension on Non-Critical VCAT Adjournments
VCAT has extended the adjournment of all non-critical matters up to and including 15 May 2020 to a date to be fixed. VCAT appreciates the uncertainty this decision will cause a lot of our stakeholders. We are still accepting all relevant matters and will contact you to discuss potential hearing dates (03 April 2020).  More...

Consumer Affairs Victoria: Know your rights as Victoria adapts to coronavirus (COVID-19) - News alert
The situation is frequently changing and Victorians understandably have many questions. In response to increased enquiries, Consumer Affairs Victoria has compiled information about how the pandemic affects areas we regulate.
A new page at consumer.vic.gov.au/coronavirusandrights covers: evictions; renters in crisis; inspections and auctions; owners corporation annual general meetings; products and services; price gouging and resellers; event cancellations and refunds; sports memberships; scams relating to coronavirus (COVID-19) (25 March 2020).  More...

Cases

NSW

Warnervale Employment Zone Pty Ltd v Central Coast Council [2020] NSWLEC 1139
DEVELOPMENT APPLICATION – construction of a two storey warehouse including landscaping works and at-grade parking for 96 cars and use as a distribution centre – no expert evidence filed by applicant – no owners consent for works to provide vehicular access to the site on adjoining property – the proposal is designated development – insufficient information to determine whether the land is contaminated – leave refused to amend the application

Sybele Christopher v Mosman Council [2020] NSWLEC 1140
DEVELOPMENT APPLICATION – dwelling house – clause 4.6 variations for wall height and minimum lot size – view impacts – minor boundary adjustment (subdivision) – objections

Celesteem Rouse Hill Development v Blacktown City Council [2020] NSWLEC 1137
DEVELOPMENT APPLICATION – subdivision into 3 lots to reflect uses in different zones – further subdivision of residential land for attached dwellings on Torrens title lots – required road reserve width – impacts of roads, paths and temporary basin in RE1 (recreational) land – requirement for turning circles on incomplete roads – treatment of interface lots

Victoria

Manor Central Nominees Pty Ltd & Anor v Wyndham City Council [2020] VSC 151
PRACTICE AND PROCEDURE – Waiver of client legal privilege – whether party acted in a way that is inconsistent with its objection to disclosure pursuant to s 122 of the Evidence Act 2008 (Vic)

Lei & Li Pty Ltd v Boroondara CC [2020] VCAT 444
Section 77 of the Planning and Environment Act 1987; Boroondara Planning Scheme; Neighbourhood Residential Zone; neighbourhood character; building design; building setbacks; building form; space for landscaping; residential amenity. 

DAA Administration Pty Ltd v Port Phillip CC [2020] VCAT 434
Construction of a veranda structure, storage room and stair core to the existing roof terrace.
Application under section 80 of the Planning and Environment Act 1987 – to review the conditions contained in the permit. 

ResP103 Pty Ltd v Kingston CC [2020] VCAT 425
Section 77 of the Planning and Environment Act 1987, Kingston planning scheme, Neighbourhood character, Landscaping and tree retention, Overshadowing

Legislation

Telecommunications (Low-impact Facilities) (Temporary Facilities) Amendment Determination 2020
01/04/2020 - (Low-impact Facilities) Determination 2018 to include additional types of facilities which can be deployed under Schedule 3 to the Telecommunications Act 1997. Specifically, it provides that temporary facilities, including temporary towers, can be deployed in certain circumstances. The amendments also clarify that a radiocommunications facility can consist of one or more antenna.

Legislation (Building Energy Efficiency Disclosure Instruments) Sunset-altering Declaration 2020
27/03/2020 - This instrument aligns the sunsetting date of the Building Energy Efficiency Disclosure Regulations 2010, the Building Energy Efficiency Disclosure Determination 2016 and the Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016 to 1 October 2025.

NSW

Telecommunications (Low-impact Facilities) (Temporary Facilities) Amendment Determination 2020
01/04/2020 - (Low-impact Facilities) Determination 2018 to include additional types of facilities which can be deployed under Schedule 3 to the Telecommunications Act 1997. Specifically, it provides that temporary facilities, including temporary towers, can be deployed in certain circumstances. The amendments also clarify that a radiocommunications facility can consist of one or more antenna.

Legislation (Building Energy Efficiency Disclosure Instruments) Sunset-altering Declaration 2020
27/03/2020 - This instrument aligns the sunsetting date of the Building Energy Efficiency Disclosure Regulations 2010, the Building Energy Efficiency Disclosure Determination 2016 and the Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016 to 1 October 2025.

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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