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Inside track: Planning, Environment & Sustainability

16 October 2019

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

New Green investment group tool demonstrates the climate benefits of over 40,000 wind and solar assets in partnership with BloombergNEF (BNEF)
Over 60% of wind and solar projects globally will receive a GIG Carbon Score. The Carbon Score will provide robust and comparable data to allow measurement of renewables assets’ contribution to carbon reduction (02 October 2019).  More...

Climate change raising risk for mortgagors
A report by Moody’s Investor Services has found a 50 per cent increase in the frequency of natural disasters from the previous decade, which it warns poses a risk to mortgagors, the property market, and Australian residential mortgage-backed securities (24 September 2019).  More...

Queensland

'We don't have a backyard': Urban squeeze pushes great Australian dream to the fringes
The Australian dream of a house with a backyard is deeply ingrained and continues to drive urban spread, but that way of life is under pressure, with South East Queensland's population forecast to grow by 2 million people over the next two decades (06 October 2019).  More...

Plans unveiled for $30m Kangaroo Point residential project
Melbourne-based developer Buildcap is facing down headwinds in Brisbane's apartment market, unveiling plans for boutique apartment project in Brisbane's Kangaroo Point (04 October 2019).  More...

Kelly Slater’s $100m surf ranch proposed for sunshine coast
A proposal has been announced for a $100 million surf ranch on the Sunshine Coast with 11-time world champion Kelly Slater’s name attached and a Brisbane-based heavyweight to develop the project (30 September 2019).  More...

New push to increase council spending transparency
Queenslanders will soon have clear information about how councils are spending developer infrastructure charges, with amendments proposed for the state planning system, delivering on a 2017 state election commitment (28 September 2019) More...

PCA: State Government commits to cul-de-sacs
Following a strong community response to public consultation on a new model code for neighbourhood design, the State Government has moved to reassure Queenslanders that cul-de-sacs will remain a feature of new suburbs. Consultation on a new model code for neighbourhood design has recently concluded (26 September 2019).  More...

Industry responds to Brisbane design strategies
The Property Council has provided a submission in response to the consultation documents produced in relation to the Brisbane City Council design strategy. The Property Council has recommended that Council maintain this document as a design guide, rather than a statutory document (26 September 2019).  More...

Multi-Billion-Dollar Defence deal ramps up in Ipswich
Rheinmetall Defence Australia has been shortlisted by the Commonwealth to enter the next phase of the $10-$15 billion land tender process, as development continues on its new facility in Ipswich (23 September 2019).  More...

Flood risk reduced as Roma finishes mitigation works
The flood risk for more than 500 properties in Roma has been downgraded after the completion of an $8.3 million mitigation project in the south-western Queensland town (23 September 2019).  More...

In Practice and Courts

National Airports Safeguarding Advisory Group
The National Airports Safeguarding Advisory Group (NASAG) is undertaking a review of implementation of the National Airports Safeguarding Framework (NASF). The review is intended to consider implementation of NASF across jurisdictions; and seeks submissions from all levels of government, industry and community stakeholders. Submissions close on 22 November 2019 (12 September 2019).  More...

Announcements, Draft Policies and Plans released 2019

Queensland

PCA: Reef regulations amendment Bill passed by Parliament
The Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Bill 2019 was passed on 19 September 2019 with the new Reef protection regulations proposed to come into effect on 1 December 2019 . Under the amendments, sites for new prescribed environmentally relevant activities (ERAs) under the Environmental Protection Regulation 2008 within the GBR catchment may have water quality offset conditions imposed on them (26 September 2019).  More...

Property Council responds to draft Retirement Villages Act approved forms
Concerns have been raised with how the Department is proposing to approve redevelopments, and the level of detail that will be expected to be provided by project proponents (26 September 2019).  More...

North Queensland Regional Plan
The draft NQ Regional Plan is a 25 year strategic, statutory planning document for the local government areas of Burdekin, Charter Towers, Hinchinbrook, Palm Island and Townsville. Consultation on the draft document closes on 22 November 2019.   More...

Cases

Queensland

Gillion Pty Ltd v Scenic Rim Regional Council & Ors [2019] QPEC 44
PLANNING AND ENVIRONMENT – APPLICANT APPEAL – COSTS – council applies for costs in wake of refusal of appeal – power to award costs in s 457 of the Sustainable Planning Act 2009 – the relative success of the parties in the proceeding – whether decision appeal conflicts with a relevant instrument – whether a party commenced or participated in the proceeding without reasonable prospects of success – whether the proceeding involved an issue that affects, or may affect, a matter of public interest, in addition to any personal right or interest
Sustainable Planning Act 2009 Qld; Planning and Environment Court Act 2016 Qld; Uniform Civil Procedure Rules 1999 Qld 

Lipoma Pty Ltd & Ors v Redland City Council & Nerida Pty Ltd [2019] QPEC 43
PLANNING AND ENVIRONMENT – Appeal against approval of major commercial development including a “full-line” supermarket; specialty shops, including retail warehouse (discount chemist); family tavern; medical centre; service station; and parking – retail/commercial component of the appeal – 5.4 km of the major centre – Partly in the Medium Density Residential Zone, Urban Residential Zone, Open Space Zone and the Community Purposes Zone – Designated as partly Medium Density Residential Housing, partly Urban Residential Housing and partly Greenspace Network
OUT OF CENTRE DEVELOPMENT – Conflict with the scheme – at serious end of spectrum – provision of the necessities of life (food and groceries) – whether unacceptable adverse impacts on the centre network and centres hierarchy
GROUNDS – whether the proposal will meet an existing community, economic and planning need – whether the scheme provisions “overtaken by events” – whether sufficient grounds to approve the application despite the conflicts
Qld s 14A; Redlands City Plan 2018 Qld; Redlands Planning Scheme 2006 Qld
Sustainable Planning Act 2009 2009 Qld ss 242, 314, 316, 324, 326, 329, 462, 493, 495, 759

Goodsell Earthmoving Pty Ltd v Coordinator-General [2019] QSC 243
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – STAY OF PROCEEDINGS AND INTERLOCUTORY RELIEF – where the applicant seeks judicial review of a decision to impose two conditions on an approval for a material change of use – where the applicant operates a high impact industry in a low impact precinct in the Townsville State Development area and applied to the respondent for approval of its activities – where the respondent granted an approval for two years subject to conditions – where the applicant challenges only the condition limiting the approval to a two year period and a condition limiting vehicle movements to 80 heavy vehicle movements per day – where the respondent cross-applies for a stay or dismissal of the application on the grounds that such relief is inappropriate because the impugned conditions are integral and not severable from the approval as a whole – whether the proceeding should be stayed or dismissed

Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors (No 7) [2019] QSC 241
EVIDENCE – ADMISSIBILITY – OPINION EVIDENCE – EXPERT OPINION – GENERALLY – where the plaintiffs sought to adduce expert evidence in the form of a report from an expert in rail and other infrastructure as it relates to the development of a mine – where the defendants objected to extensive parts of the reports produced by the expert and some portions of the joint expert reports for which he was responsible – where the bases of the objections included that the matters contained in the report are not properly the subject of expert opinion, that the expert is not adequately qualified to make the impugned statements and that the opinions stated are not based wholly or substantially on the expert’s expertise – whether the objections to the expert reports should be upheld
Uniform Civil Procedure Rules 1999 Qld r 149

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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Peter Holt

Peter Holt

Special Counsel

Sydney

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Gerard Timbs

Gerard Timbs

Partner

Brisbane

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