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Inside track: Planning, Environment & Sustainability

16 August 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Will Australia follow the European sustainable investment boom?
In the first quarter of 2021, €120 billion flowed into sustainable funds in Europe. By comparison, Australia’s entire sustainable investment universe accounts for only $25 billion in asset under management, over half of which is in passive products (03 August 2021).  More...

Victoria

Visy applies for development licence
Environment Protection Authority Victoria has received an application for a development licence from Visy Industries Australia Pty Ltd, to expand their glass recycling operation at Laverton (04 August 2021).  More...

Locals drive Melbourne Greenfield Project sell out
Prominent Melbourne-based developer Jeff Xu has capitalised on a post-Covid-19 boom in the city’s greenfield market, selling out the first stage of a $120-million house and land development (29 July 2021).  More...

Mirvac picks up rejected Brunswick site
Mirvac has snapped up the site of a rejected mixed-use development from JWLand with plans to expand its residential pipeline in inner Melbourne (28 July 2021).  More...

EPA lays charges over Torquay chemical incident
Victoria EPA has laid a total of three charges against Torquay company I, C & J Santospirito Pty Ltd. (Santospirito) under the Environment Protection Act 1970. EPA alleges that Santospirito improperly used a fumigant resulting in the production of methyl isothiocyanate (28 July 2021).  More...

Southbank Tower’s extra height wins approval
Plans to add extra storeys to a proposed Southbank apartment tower have been approved by the City of Melbourne despite numerous objections. The major concerns surrounded the tower's height, shadowing and its appropriateness (26 July 2021).  More...

NSW

Billbergia lodges four-tower residential precinct plan
Sydney developer Billbergia has lodged plans for a four-tower residential precinct in Arncliffe near Sydney Airport. Planning for the site has been guided and fast-tracked by the Bayside West Precinct 2036 Plan (03 August 2021).  More...

Queensland

Misled, conflicted and wedged: Study reveals how mining approvals have failed
A report from QUT has been deeply critical of the mining approval system showing deep mistrust among stakeholders who believed they had been misled. (05 August 2021).  More...

New climate plan on road to renewables
The Department of Environment and Science has released a new climate plan outlining the State’s blueprint for reaching emissions and renewables targets in the years ahead. Minister for the Environment, Meaghan Scanlon said Pathways to a climate resilient Queensland (Queensland Climate Adaptation Strategy 2017–2030) aimed to establish the State as a national leader in a low-carbon economy. (03 August 2021).  More...

Queensland launches climate action, jobs plan
Premier Annastacia Palaszczuk and Environment Minister Meaghan Scanlon have unveiled the online-based Climate Action Plan 2030, to be driven by investment in energy, resources, manufacturing, transport, land and agriculture, tourism and climate-resilient infrastructure – and by a team of ministers led by her (30 July 2021).  More...

Federal government to run review of new Brisbane runway aircraft noise
The Australian government-owned organisation Airservices Australia will run a review of noise complaints and flight timetabling after Brisbane’s new parallel runway was opened 12 months ago (30 July 2021).  More...

Brisbane running out of land for new homes, with less than 3 years’ supply
As the state faces a tightening housing market, some areas of south-east Queensland have just one year’s supply of lots ready to go (28 July 2021).  More...

$140 million Ferny Grove Station upgrade kicks off
Another Queensland jobs boost is underway with major construction underway on Ferny Grove’s $140 million landmark suburban Transit Oriented Development. The $140 million mixed-use development at the Ferny Grove Train Station will be delivered by Queensland-based developer Honeycombes Property Group (27 July 2021).  More...

Logan City Council embarks on $9 million project to develop a new planning scheme
The 'heart of south-east Queensland' begins work on a new planning scheme to guide its growth over the next decade (26 July 2021).  More...

In Practice and Courts

Is a ‘green recovery’ the key to post-COVID housing stimulus?
AHURI Brief: International Housing Policy Exchange Series: 29 July 2021 – this AHURI Brief investigates how economic stimulus measures that support transitions to more energy efficient housing and lower carbon outputs can offer social, economic and environmental benefits.  More...

PCA: Draft Recovery Plan for the Koala released for public consultation
The Federal Government has released the draft National Recovery Plan for the EPBC Act-listed Koala, identifying strategic actions to support recovery of the nationally threatened species. The public consultation period is open until 24 September 2021.
The draft conservation advice listing assessment for the koala is also open for consultation until 30 July 2021. This document will be incorporated into the draft National Recovery Plan as well.
 For more information on the draft national recovery plan, please click here.
 For more information on the draft conservation advice and listing assessment for the koala , please click here.

Register of Foreign-owned water entitlements
The Commission will seek further information and feedback following the release of a draft report in August 2021. Draft report expected to be released in August 2021.  More...

Victoria

Designated bushfire prone areas (BPA) map updated
On 6 July 2021, BPA Review 18 updated the mapping in 15 municipalities. The Planning Property Report and VicPlan reflect the changes. The next review is now open from 08 July 2021.  More...

Victoria naming rules review
Geographic Names Victoria has completed the first consultation phase of the 2020-21 naming rules review. The consultation and engagement process, has received more than 450 contributions, including over 400 from members of the public. In July 2021 with an anticipated release of the finalised document in December 2021. You can continue to track the progress of the review on Engage Victoria.

Bellarine Peninsula distinctive area and landscape: Draft statement of Planning Policy (SPP)
DELWP invites written submissions on the Draft Bellarine Peninsula Statement of Planning Policy. The draft SPP has been prepared by DELWP in collaboration with Traditional Owners the Wadawurrung, the Borough of Queenscliffe, the City of Greater Geelong and relevant government agencies. The draft SPP will guide the future of land use and development on the Bellarine Peninsula for the next 50 years. For further information please visit Engage Victoria. Submissions must be lodged by 20 August 2021.

Queensland

Pathways to a climate resilient Queensland (Queensland Climate Adaptation Strategy 2017–2030) 
Department of Environment and Science: Released 03 August 2021 [2017]
Aimed to establish the State as a national leader in a low-carbon economy and would be driven by investment in energy, resources, manufacturing, transport, land and agriculture, tourism and climate-resilient infrastructure. The Government’s Strategy can be accessed at this PS News link.

Queensland climate action consultation
Open until 27 August 2021; Department of Environment and Science
Have your say on the future of Queensland’s climate action.  More...

Proposed citywide amendment to Brisbane City Plan 2014 (Amendment K)
Brisbane City Council is now seeking public consultation on proposed changes to Brisbane City Plan 2014 – Major Amendment package K. Public consultation is still underway to provide comment on the Our Productive City Brisbane’s Industrial Future. Consultation is open until 16 August 2021

Land Restoration Fund seeks advisers to offer carbon farming advice
The Queensland Government’s Land Restoration Fund (LRF) has announced funding for a new investment round.
It is now calling on service providers, including lawyers, to become accredited as LRF Approved Advisers and help meet the growing need for specialist carbon farming advice in Queensland (updated 30 July 2021).

Cases

Queensland

Upan Company Pty Ltd v Gold Coast City Council [2021] QPEC 37
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF OTHER CHANGE APPLICATION – where original application concerned stepped form high rise residential development – where appellant seeks approval of other change application for built form residential development – where proposed other change concerns reductions of storeys, increase of building height
WHERE PROPOSED OTHER CHANGE RAISED NUMEROUS ISSUES – whether proposed other change application complied with provisions of planning scheme concerning bulk, height, and form – density – character and streetscape – landscaping and deep planting – shadowing, privacy and views
CONFLICT WITH PLANNING SCHEME – whether proposed development results in unacceptable impacts in respect of setbacks and site cover – landscaping, de-planting and streetscape outcome – loss of stepped design – building height transition – density – wind – whether proposed development can be appropriately conditioned to achieve compliance Planning Act 2016 Qld s 45, 60, 78, 82; Planning and Environment Court Act 2016 Qld s 43.

Legislation

Regulations

Australian Renewable Energy Agency (Implementing the Technology Investment Roadmap) Regulations 2021
29/07/2021 – this instrument expands the operating remit of the Australian Renewable Energy Agency to permit it to invest in a wider range of technologies for the deployment of initiatives announced in the 2020-21 Budget.

Victoria

Statutory Rules

No 92 Environment Protection Amendment (Wind Turbine Noise) Regulations 2021
27 July 2021 – these Regulations come into operation on 1 August 2021.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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