Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterest

Inside track: Planning, Environment & Sustainability

15 March 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Infrastructure Projects vital to economic recovery
An aggressive agenda to fund and build infrastructure projects needed to boost the livability and productivity of major cities and regions will be essential to Australia’s recovery from the economic effects of COVID-19, according to the UDIA. The list represents a blueprint for the projects that federal, state and local governments should be targeting for investment and delivery (26 February 2021).  More...

Rebounding transport & agriculture sectors will cause emissions to soar
As covid travel restrictions ease and Australia’s agriculture sector rebounds from years of crippling drought, new research from the Australia Institute Climate & Energy Program shows that the recoveries of the Transport and Agriculture sectors will cause Australia’s emissions rise significantly – reversing emissions reductions made in 2020 (25 February 2021).  More...

Regional preferences means regional reform for housing is needed
Around 20 per cent of city dwellers would like to ‘go country’ according to a new Regional Australia Institute survey (24 February 2021).  More...

Victoria

EPA charges lead to $150k rehabilitation project by Coliban Water
Environment Protection Authority Victoria (EPA) has successfully argued in a Kyneton Magistrates’ Court on 2 March that Coliban Water must make a significant contribution to rehabilitating damage it caused when it discharged treated wastewater to the Campaspe River in breach of its EPA licence in 2019 (02 March 2021).  More...

Mordialloc Fwy recycled plastic noise walls a world first
In a world first, noise walls along the Mordialloc Freeway will be made from 75 per cent recycled plastic collected from households across the state, as part of a drive to build Australia’s greenest freeway (01 March 2021).  More...

Better apartment designs for our neighbourhoods
The Andrews Labor Government is improving the design of apartments and ensuring they provide more open green space for residents, with new planning rules make sure new apartment designs are attractive, built from durable materials and don’t exacerbate windy conditions for the street and public spaces (28 February 2021).  More...

Victoria’s $5.3bn social housing build under way
The ambitious 10-year strategy, dubbed the Big Housing Build, aims to address the growing waiting list for social housing has ballooned to more than 48,000 households, an increase of more than 8000 in the second half of 2020 (25 February 2021).  More...

CEFC backs 300 MW Victorian Big Battery to strengthen grid and support more renewable energy
The CEFC on behalf of the Australian Government has invested $160 million to build the Neoen 300 MW Victorian Big Battery, providing a critical boost to the state’s grid security while driving down power prices and supporting more renewable energy (25 February 2021).  More...

Queensland

Cleanaway fined
The Department of Environment and Science has issued Cleanaway Solid Waste Pty Ltd with two penalty infringement notices totalling $26,690 (05 March 2021).  More...

Lansdown eco-industrial precinct labelled Townsville’s number one city deal project priority
The Queensland Government and Townsville City Council have joined forces to push for Australia’s first environmentally sustainable industrial precinct to be funded under the Townsville City Deal (04 March 2021).  More...

Protecting Gold Coast waterways and lifestyle at centre of climate adaptation partnership
The Palaszczuk Government and City of Gold Coast will partner to plan and develop new technologies, infrastructure and environmental management practices under a new agreement aimed at tackling climate change (04 March 2021).  More...

Property Council welcomes announcement of Growth Areas Delivery Team
The Property Council of Australia welcomes the announcement of a new Growth Areas Delivery Team by the State Government to tackle South-East Queensland’s population boom and land supply issue (03 March 2021).  More...

New team to lead planning for state’s future growth
A specialist team will be created to ensure Queensland can keep up with population growth and the demand for housing and infrastructure development that comes with it – all part of the Government’s economic recovery plan, to create more jobs and development in our state (03 March 2021).  More...

Kangaroo Point's high density development leaves residents unhappy
Kangaroo Point is an inner-city suburb undergoing rapid transformation but residents want more infrastructure and consultation on its future (01 March 2021).  More...

Three of Brisbane’s five new bridges are hanging in limbo
Three of the five new green bridges slated for inner-city Brisbane are still awaiting decisions on their final design and location almost a year after the council’s re-election (24 February 2021).  More...

Pressure mounts on Brisbane City Council to reduce developer influence
A range of groups are now asking Brisbane City Council to reduce the ability of developers, as landholders – to influence the neighbourhood planning phase (24 February 2021).  More...

Planned $2 billion Eagle Street Pier reformation appealed by Riparian Plaza owners
The planned $2.1 billion reformation of Brisbane's Eagle Street Pier by developers Dexus has been appealed in court by the commercial owners of a neighbouring tower. Its commercial owners, Riverside Development Pty Ltd, said the development should have been impact assessable, not code assessable (24 February 2021).  More...

$2bn Waterfront Brisbane development appealed in planning court
A massive $2 billion redevelopment of Eagle Street Pier could be delayed or overturned after a court appeal is lodged by the commercial owners of a neighbouring tower (24 February 2021).  More...

In Practice and Courts

Victoria

Amendment V10
Amendment V10 inserts new Clause 44.08 Buffer Area Overlay into the Victoria Planning Provisions. The Buffer Area Overlay (BAO) can be applied to planning schemes through future amendments to prevent encroachment of incompatible use and development in areas near industry and other uses, where there are potential impacts on human health or safety, or significant impacts on amenity. Planning Practice Note 92 has been updated to include guidance on use of the BAO. Further information about the BAO can be viewed here (04 March 2021).

Consumer Victoria: New renting regulations available - News alert
The Residential Tenancies Regulations 2021 are now available. The new regulations will come into operation on 29 March 2021. For the full list of requirements, you can access the regulations at New regulations for rental housing – Engage Victoria.

Safeguarding and reactivating our heritage
Applications for Round 6 of the Victorian Government’s competitive community Living Heritage Grants Program will close on 26 March 2021. Eligible applicants may apply for an amount between $20,000 and $200,000 per project, to fund conservation works to ‘at risk’ places and objects included on the Victorian Heritage Register. To find out if you are eligible visit 2021 Program Guidelines and Frequently Asked Questions. For more information, please visit our website.

Victoria’s Draft 30-Year Infrastructure Strategy
We have released Victoria’s Draft 30-Year Infrastructure Strategy and are inviting all Victorians to have their say. Community consultation ended on February 26, 2021. The final 30-year infrastructure strategy will be presented to the Victorian Government in mid-2021. To read the draft strategy, or participate in community consultation opportunities visit here.

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.

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...

Announcements, Draft Policies and Plans released 2020

Queensland

DES prosecution bulletins
A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions (March 2021).  More...

Reminder: Modernised body corporate regulations to start in March 2021
The Queensland Government has finalised a modernised set of corporate regulations to take effect from 1 March 2021. For more information please see the regulations below and the explanatory materials available here.

Moreton Bay economic strategy
Moreton Bay Regional Council has released its Regional Economic Development Strategy 2020 – 2041 to support its ‘Bigger, Bolder, Brighter’ vision. Five key region building projects are The Mill (former Amcor Petrie Paper Mill site); Southeast Queensland Northern Freight Terminal; Wamuran Irrigation Scheme; North Harbour PDA; Scarborough Harbour Masterplan (February 2021).

PCA: New Sunshine Coast planning scheme
The Sunshine Coast Council will begin community consultation on a new planning scheme later this year. The changes are expected to align with newer state and local planning policies including the South-East Queensland Regional Plan which is set to be renewed next year. The new planning scheme is expected to be delivered in 2024 (February 2021).  More...

Consultations
Inland Rail – Calvert to Kagaru project – draft environmental impact statement Closes 8 March 2021.
Inland Rail – Border to Gowrie project – draft environmental impact statement Closes 19 April 2021.

Cases

Victoria

Manor Central Nominees Pty Ltd v Wyndham City Council [2021] VSC 92
LOCAL GOVERNMENT – power of council in s 187, Local Government Act 1989 (Vic) to acquire land – compulsory acquisition of easement – land not reserved for a public purpose under a planning instrument – whether acquisition of land in a prescribed class of land within s 5(2), Land Acquisition and Compensation Act 1986 (Vic) – Construction of reg 6(b), Land Acquisition and Compensation Regulations 2010 (Vic) – nature of interest acquired – Local Government Act 1989 (Vic), ss 187, 187A – Land Acquisition and Compensation Act 1986 (Vic), s 5 – Land Acquisition and Compensation Regulations 2010 (Vic), reg 6
JUDICIAL REVIEW – whether power to acquire land exercised for an improper or ulterior purpose – scope of power of acquisition in s 187, Local Government Act 1989 (Vic) – whether permissible to infer the Council’s purpose from evidence of statements by Council officers and consultants – acquisition within scope of power – Local Government Act 1989 (Vic), ss 3A, 3C, 3E, 3F, 187.

Spiteri v Wyndham CC [2021] VCAT 134
A planning permit is not required to park the commercially registered vehicle discussed in this case at Mr Spiteri’s property at 17 Fulham Court, Hoppers Crossing.[1] Parking a truck in the driveway of a house
Application under section 77 of the Planning and Environment Act 1987 – to review the decision to refuse to grant a permit. 

Queensland

Wormell Pty Ltd v Gold Coast City Council & Anor [2021] QPEC 12
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – CONSENTS, APPROVALS, PERMITS AND AGREEMENTS – MODIFICATIONS – GENERALLY where the appeal concerns an approval of an application for a material change of use from warehouse to indoor recreation – whether the plan is inconsistent with an existing development condition – whether the proposed development plan is prohibited by previous development plan – where the appellant submits that an earlier development approval is binding – where the respondents submit that the proposed development is independent of the regulated use under the earlier development approval – where it was found that the proposed development is not prohibited Planning Act 2016 Qld s 66(2), s 73.

Pelican Noosa Pty Ltd v Noosa Council [2021] QPEC 11
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR MATTERS – GENERALLY – where the appellant was successful in an application to extend a jetty – where the jetty was constructed longer than permitted and contrary to a setback – where the appellant submitted a change application following – where the respondent refused the change application – whether the change application was for a minor change – whether the change should be made
Noosa Plan 2006 Qld; Noosa Plan 2020 Qld; Planning Act 2016 Qld s 45, s 60, s 63, s 68, s 81, s 81A
Planning and Environment Court Act 2016 Qld s 43, s 45, s 46.

Baker v Chief Executive, Department of State Development, Manufacturing, Infrastructure and Planning & Anor [2021] QPEC 10
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – application seeking declarations and consequential orders as to whether a development application required assessment by the respondent – whether the development application was for high impact earthworks – whether operational work diverts water to or from a wetland in a wetland protection area
Planning and Environment Court Act 2016 Qld s 11; Planning Act 2016 Qld ) ss 3, 45, 56, Schedule 2.

Traspunt No. 14 Pty Ltd v Moreton Bay Regional Council [2021] QPEC 4
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION – where proposed development involved largescale residential development
WHERE PROPOSED DEVELOPMENT RAISED NUMEROUS ISSUES – where proposed development did not comply with provisions of the planning scheme concerning ecology – where proposed development raised issues in respect of koala habitat – removal of trees – transport – civil engineering – stormwater
CONFLICT WITH PLANNING SCHEME – whether proposed development complied with provisions of relevant planning scheme – whether proposed development was out of step with strategic objectives of planning scheme – whether proposed development would result in out of sequence development
TOWN PLANNING – whether proposed development would result in developable or developed lots
Planning Act 2016 Qld ss 45, 60; Planning and Environment Court Act 2016 Qld ss 43, 45
Sustainable Planning Act 2009 Qld s 326.

Traspunt No. 7 Pty Ltd v Moreton Bay Regional Council [2021] QPEC 9
PLANNING AND ENVIRONMENT – APPLICATION – COSTS – where the appellant’s appeal against a condition of a development approval was dismissed – where respondent sought an order as to costs – whether the proceeding was frivolous or vexatious – whether costs should be assessed on the indemnity basis
Acts Interpretation Act 1954 Qld s 14
Planning and Environment Court Act 2016 Qld s 59, s 60.

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.

Share this