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Inside track: Planning, Environment & Sustainability

17 August 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Pandemic may pave way for better urban planning
How we plan and develop urban areas, build infrastructure and respond to the needs of growing populations are factors determining the long-term prosperity of cities and people, according to the United Nations’ latest sustainable development goals report (31 July 2020).  More...

Fires a 'wildlife disaster' that killed or displaced 3 billion animals
Almost three billion animals may have been killed or displaced during last summer's bushfire season, which experts say was "one of the worst wildlife disasters in modern history". The estimate, contained in new research commissioned by the World Wide Fund for Nature, reveals the devastating extent of the catastrophic fires on native animals (28 July 2020).  More...

Victoria

NE Water seeks EPA works approval
Environment Protection Authority Victoria (EPA) is assessing a works approval application from North East Water Corporation for a proposed upgrade to the current Benalla Wastewater Treatment Plant (05 August 2020).  More...

Postwar buildings recommended for heritage protection
Some of Melbourne’s most important places and precincts could receive permanent heritage protection following a review by the City of Melbourne (31 July 2020).  More...

Victorian Ombudsman backs road authorities' 'good faith' efforts on sacred tree project
Victorian Ombudsman Deborah Glass finds the Government's response over protecting sacred trees on the Western Highway project were legally sound (31 July 2020).  More...

Supporting Melbourne communities, shopping strips and jobs
Communities in Melbourne will benefit from improved suburban activity centres and shopping strips through works backed by the Victorian Government that will create jobs and boost local businesses. Eligible projects include pop-up parks, public art installations and enhanced walking and bike paths (30 July 2020).  More...

City weighs tighter heritage protection for over 100 buildings
Hoyts Mid City Cinemas, the former MLC building and one of Melbourne's first 'glass boxes' are among dozens of postwar buildings which could come under tighter heritage controls (30 July 2020).  More...

Fight over sacred trees on Western Highway cost $60m, watchdog says
Taxpayers have paid up to $60.million in delay fees on the Western Highway project, brought to a halt by traditional land owners and sacred trees (30 July 2020).  More...

To restore our cities’ rivers, we need to decolonise the law reform process
The Yarra Birrarung’s bicultural model recognises the Yarra (Birrarung) corridor in Melbourne as a “living” natural entity of bicultural character: both traditional owner and settler-Australia (30 July 2020).  More...

Cheaper energy for Embedded Network customers
Victorians living in embedded networks, such as apartment buildings, caravan parks and retirement villages, will now save hundreds of dollars on their energy bills thanks to reforms introduced by the Victorian Government (28 July 2020).  More...

More of Melbourne’s exceptional trees to be protected
The City of Melbourne will seek protection for more than 100 trees on private property through its Exceptional Tree Register. Planning portfolio Chair, Councillor Nicholas Reece, said the City of Melbourne will progress the protections through the Melbourne Planning Scheme (27 July 2020).  More...

Making it easier for renters to get solar panels
The Victorian Government has expanded the Solar Homes program so more renters and landlords across the state can access affordable rooftop energy with a Solar Homes rebate (27 July 2020).  More...

V-Leader’s 40-storey stacked skyscraper gets nod
Plans for a 40-storey “stacked tower’’ on the corner of Lonsdale and King Streets in the west end of Melbourne’s CBD will move ahead after receiving development approval (24 July 2020).  More...

NSW

NSW first in Australia measuring floodplain harvesting
The Floodplain Harvesting Measurement Policy outlines how floodplain harvesting will be measured and monitored, in preparation for issuing floodplain harvesting access licences in 2021 (06 August 2020).  More...

$250 million boost for public spaces
Councils across NSW will have the opportunity to deliver new and improved public spaces for their local communities thanks to a $250 million program, as part of the NSW Government’s COVID-19 Recovery Plan (05 August 2020).  More...

Controversial NSW mine expansion plan scaled back over subsidence concerns
Significant changes to the expansion plan for Tahmoor mine, in the southern coalfields of New South Wales, have been revealed in a bid to ease community concerns about subsidence (02 August 2020).  More...

Caustic soda discharge costs Lithgow City Council $543,000 after EPA action
Lithgow City Council has entered into an Enforceable Undertaking with the NSW Environment Protection Authority (EPA) to improve its environmental performance after up to 13,000 litres of highly corrosive caustic soda escaped from a sewage treatment plant (30 July 2020).  More...

Queensland

Future cruise ship terminal at Gold Coast's The Spit in doubt amid 'challenging' economy
Queensland's Treasurer has cast doubt over whether the Gold Coast will ever have a cruise ship terminal that sees passengers disembarking at The Spit (02 August 2020).  More...

$1.2 billion of essential infrastructure on track for Greater Flagstone and Yarrabilba
First flow through the new $53.7 million environmentally sustainable wastewater treatment plant took place at Cedar Grove to service the Greater Flagstone Priority Development Area (PDA) (31 July 2020).  More...

Burleigh Heads twin 22-storey towers approved
Two 22-storey towers have been approved in Burleigh Heads at the southern end of the Gold Coast, backed by developer Nielson Properties (29 July 2020).  More...

Sekisui House lodges plans for West End office
Sekisui House Australia has lodged plans for an eight-storey, subtropical-inspired office building in West End.The Osaka-based developers have made a series of applications at 111 Boundary Street in recent months, equating to a combined gross floor area of 8,833sq m (27 July 2020).  More...

In Practice and Courts

Proposed new development for South Brisbane: ‘Urban Forest’ or Greenwash?
Posted by Jan Bowman, Aug 1, 2020 , Community News, Feature
The publicity material for the Aria Property Group’s latest development proposal in South Brisbane has been echoed, without criticism, by The Courier Mail, Westend Magazine, The Brisbane Times and by a range of property and development news sites]. The proposal is referred to variously in news articles as, the ‘world’s greenest residential building, a vertical forest, an urban park, and a backyard in the sky.  More...

Commonwealth’s plan for delivering water for the environment released
The Commonwealth Environmental Water Office has released its Water Management Plan for 2020‑21. The Plan scopes how water for the environment will be used in the coming year to help keep rivers and wetlands across the Murray-Darling Basin healthy (05 August 2020).  More...

EPBC Act major projects
The Australian Government is working with the states and territories to fast-track approval of 15 major projects (24 July 2020).  More...

Industry update on export ban of waste glass
The export ban on waste glass will now commence on 1 January 2021.  More...

Victoria

Amendment Tracking System (ATS) upgrade
An upgrade is scheduled to occur commencing 7 August 2020 and run across the weekend. This upgrade requires a full outage of the ATS Tracking and ATS Authoring systems and no amendments can be processed during this time. If you have any questions or would like further information regarding this upgrade please contact Planning Support via email (30 July 2020).

Final reminder for all Councils to submit data on native vegetation removal across Victoria to DELWP
DELWP has committed to report annually on native vegetation removed and offset under Clause 52.16 and 52.17 of all Victorian planning schemes. To do this, DELWP needs councils to provide permit numbers and native vegetation report ID numbers, as well as details about offset sites protected under s173 agreements. Please send data for permits granted (or offsets established) during the 2019/2020 financial year here by 7 August 2020.

Melbourne Airport Environs Safeguarding Standing Advisory Committee
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.  More...

City of Melbourne Public notice: Notice of proposed lease of the premises known as Kensington Community High School
​Notice is given that the Melbourne City Council proposes to enter into a lease with The Minister of Education of the premises known as Kensington Community High School at the corner of Racecourse and Smithfield Roads, Kensington for the purposes of Education purposes and associated activities. Written submissions close on 13 August 2020.  More...

SRO: Australian HomeBuilder Grant - assess your eligibility and prepare for your application
The online portal will be available shortly, but in the meantime access our HomeBuilder Grant guidelines to check the eligibility criteria and find out what supporting documents you need to prepare for your application. The Australian Government also has a detailed Frequently Asked Questions document on its Treasury website that is being updated regularly, which you should also read (27 July 2020).

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.

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...

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...

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...

NSW

NSW Land and Environment Court

31 July 2020: 2019 Annual Review
The Court's Annual Review for 2019 is now available.  More... 

Consultation: Draft state strategic plan for Crown land
Crown land assets now and into the future, with the draft State Strategic Plan released for public feedback. The community will have the opportunity to provide feedback and participate in consultation activities close on 20 August 2020.  More...

NSW productivity Commissioners issues paper
Public feedback is now welcomed on whether the right principles have been identified, which will inform the potential reform options by the Commission.  More...

NSW Revenue: Stamp duty changes for first home buyers
The NSW Government has announced that the threshold above which transfer (stamp) duty is charged on new homes for first home buyers will increase from the current $650,000 to $800,000, with the concession reducing on higher values before phasing out at $1 million. The new transfer (stamp) duty threshold will be in place for 12 months and will apply to contracts executed from 1 August 2020 to 31 July 2021 (26 July 2020).  More...

NSW Revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers (including first home buyers) with a grant of $25,000 to build a new home or substantially renovate an existing home where the contract is signed between 4 June 2020 and 31 December 2020. Construction must commence within three months of the contract date.  More...

NSW Revenue Reminder: COVID-19 (coronavirus) and parking space levy
As part of the NSW COVID-19 stage two economic package, the NSW Government has deferred parking space levy (PSL) payments from the end of March for six months until 30 September 2020, to provide cash flow relief to businesses.  More...

NSW Planning Department: Have your say - Draft plans and policies

Proposed natural disasters clause
Notification start-end date 04/08/2020 - 31/08/2020. The Department is seeking your feedback on a proposed clause for the Standard Instrument LEP that will support better and quicker rebuilds of dwellings following natural disasters.  More...

ISEPP amendment – Wild Dog Fence
Notification start-end date 03/08/2020 - 30/08/2020. The department has developed a proposed amendment to the State Environmental Planning Policy (Infrastructure) 2007 to clarify and streamline the planning assessment for the extension and maintenance of the Wild Dog Fence.  More...

Proposed new Housing Diversity SEPP explanation of intended effect
Notification start-end date 29/07/2020 - 09/09/2020. Have your say on a proposed new policy that aims to facilitate the delivery of diverse and affordable housing to meet the needs of the State’s growing population and support the development of a build-to-rent sector.  More...

Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020. The draft guide provides strategies, performance criteria and recommendations to assist planning authorities, and design and development communities to deliver green infrastructure. The draft Greener Places Design Guide is now on exhibition, visit the Planning Portal to have your say. The exhibition closes 7 August, 2020.

Current LEP Proposals from 27 July 2020
Inclusion of 'artisan food and drink industry' in various Land Use Tables.

Queensland

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

PCA Submission Update
The Property Council have provided the following correspondences to government regarding a Public Transport holiday to promote activity within the CBD and Postponing the SEQ City Deal. To read the joint letter from the Property Council, National Retail Association and Queensland Hotel Association, please click here (24 July 2020).  More...

Have your say: Planning support measures
We are consulting on proposed changes to the Development Assessment Rules (DA Rules), Minister’s Guidelines and Rules (MGR) and the Planning Regulation 2017. You can have your say on the DA Rules, MGR and the Planning Regulation (economic recovery initiatives) until 7 August 2020.  More...

Reminder: Planning legislation amendment
The additional time provided through the extension notice applies to development approvals in effect on 8 July 2020 or which come into effect between 8 July 2020 and 31 October 2020. For example, a development approval that would have ordinarily lapsed on 1 August 2020 now won’t lapse until 1 February 2021.  More...

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.  More...

Queensland Government Consultations

New or expanded cropping
The Queensland Government will defer the commencement of the new or expanded commercial cropping and horticulture activities requirement (ERA 13A), under the Reef protection regulations until 1 June 2021. The deferment is in direct response to COVID-19 (coronavirus) and ensures the agricultural community has a suitable amount of time to prepare for the changes.  More...

Cases

Victoria

Planning & Design Pty Ltd v Moreland CC [2020] VCAT 816
Three attached double storey dwellings; Streetscape presentation; Crossovers; Landscaping; Energy efficiency and internal amenity. No permit

Malcolm Mount Waverley Pty Ltd v Monash CC [2020] VCAT 684
Monash Planning Scheme; Application under section 77 of the Planning and Environment Act 1987; GRZ2; Proposal for six 2-storey dwellings; Neighbourhood character; On-site amenity. No permit

Banriar Investments Pty Ltd v Cardinia SC [2020] VCAT 800
Cardinia Planning Scheme; Urban Growth Zone, Schedule 3; General Residential Zone; Application for subdivision; Removal of restrictive covenants; Material detriment.

Donald v Knox CC [2020] VCAT 747
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Paritsi v Banyule CC [2020] VCAT 801
Section 77 of the Planning and Environment Act 1987; Banyule Planning Scheme; General Residential Zone (Schedule 2); neighbourhood character; side by side building form; sloping site; building bulk; availability of land for landscaping; landscape response; separate driveways; residential amenity.

Azzopardi v Macedon Ranges SC [2020] VCAT 790
Section 77 of the Planning and Environment Act 1987; Macedon Ranges Planning Scheme; Farming Zone; Environmental Significance Overlay - Schedule 4; Lot less than 40 hectares; Dwelling and outbuilding.

Breaz v Wyndham CC [2020] VCAT 784
Section 82 Planning and Environment Act 1987, Section 126 Victorian Civil and Administrative Tribunal Act 1998, consideration to extend the time to lodge review application, procedural fairness, natural justice, neighbourhood character, overlooking, overshadowing, building over easement.

Kitchen v Melbourne CC [2020] VCAT 777
Section 87A of the Planning and Environment Act 1987; Melbourne Planning Scheme; Extension to existing dwelling; Roof top terrace; Impacts on amenity of adjoining properties

Damian Orlando Design Pty Ltd v Stonnington CC [2020] VCAT 791
Construction of a dwelling on a lot less than 500 square metres in a Neighbourhood Residential Zone and Neighbourhood Character Overlay. Application under section 80 of the Planning and Environment Act 1987 – to review three conditions 1(a), 1(b), and 4(b)(i) contained in the permit.

Lai v Beilin (Owners Corporations) [2020] VCAT 771
Owners Corporation Act 2006; allegation by three lot owners that by replacing their front fence without the approval of the Owners Corporation, the fourth lot owner had breached Model Rule 5.2; whether a lot owner in lieu of the Owners Corporation, can bring an action against another lot to enforce the Model Rules; whether only the Owners Corporation can apply to VCAT under s153 of the Act requiring a lot owner to rectify an alleged breach of the Act, the Regulations or the Rules of the Owners Corporation. Dismissed

Philips Auto Electrical Supplies PL v Brimbank CC [2020] VCAT 798
S82 review of decision to Grant a permit to amend the use and a reduction in the carking required.

WCL Development v Greater Dandenong CC [2020] VCAT 795
Greater Dandenong Planning Scheme; land within the incremental change area and the General Residential Zone Schedule 3 in the Greater Dandenong Planning Scheme; three storey development in Noble Park.

Rawani v Greater Dandenong CC [2020] VCAT 781
Section 77 of the Planning and Environment Act 1987; General Residential Zone; Proposed development of four dwellings; Neighbourhood character; Internal amenity. No permit

NSW

Zoro Developments Pty Ltd v Northern Beaches Council [2020] NSWLEC 1349
APPEAL – development control order – stop works order – development not carried out in accordance with construction certificate – risk of land slippage – how discretion should be exercised in the circumstances

Huajun Investments Pty Ltd v City of Canada Bay Council [2020] NSWLEC 108
COSTS - application for costs of complete Class 1 merit proceedings - Applicant in merit proceedings unsuccessful on jurisdictional as well as merit grounds - whether failure on jurisdictional grounds provided a basis for concluding that it was fair and reasonable to award costs to the opposing party who successfully pressed the jurisdictional grounds - Applicant on notice as a consequence of Court of Appeal proceedings of two of the jurisdictional grounds said to be bars to approval of the Applicant’s proposed development - basis for pursuing the merit appeal unarguable on two foreshadowed jurisdictional grounds - general costs application in Class 1 merit proceedings appropriately brought - fair and reasonable to Second Respondent its costs for the whole proceedings - Applicant to pay Second Respondent’s costs of the Class 1 proceedings
COSTS - application for costs thrown away by Second Respondent as a consequence of amendments to the proposed development that were not minor - Second Respondent took lead role before the Acting Registrar on the issue of whether the proposed amendments were minor - appropriate that the Second Respondent receive its costs thrown away as a consequence of those amendments
COSTS - costs of the costs application - costs ordinarily follow the event for costs applications in Class 1 merit proceedings - appropriate that the costs Applicant be awarded its costs of the costs application 

Scully v Hornsby Shire Council [2020] NSWLEC 1347
DEVELOPMENT APPLICATION – Torrens title subdivision – stormwater infrastructure – tree protection – biodiversity conservation 

Buman v Newcastle City Council [2020] NSWLEC 1321
DEVELOPMENT APPLICATION – extend of development for which consent is sought – characterisation of existing approvals – boarding house use – new buildings – compliance with development standards – compliance with car parking – compliance with amenity standards – extent of building code upgrade works required – timing of the consideration and assessment of building code upgrade works – appropriate conditions of consent – directions

Sardi v Central Coast Council [2020] NSWLEC 1348
NOTICE OF MOTION – application to amend Respondent’s statement of facts and contentions – vacation of hearing dates – procedural fairness to Applicant – late identification of potentially contaminated material on subject site 

Hypro (Aust) Pty Ltd v Environment Protection Authority [2020] NSWLEC 106
ENVIRONMENT AND PLANNING – environment protection licence – premises-based scheduled activity – pet food manufacture – whether scheduled activity of “general animal products production” – meaning of – activity does not require slaughter of animals to occur in the plant on the premises – activity does require manufacture of products derived from activity of slaughtering animals – applicant’s pet food manufacturing not “general animal products production”  

Coppock v Secretary, Department of Planning and Environment [2020] NSWCATOD 89
APPEAL – misconduct of local government councillor – disciplinary action by Departmental Chief Executive – preparation of departmental report

Modog Pty Ltd v North Sydney Council [2020] NSWLEC 1342
DEVELOPMENT APPLICATION – demolition of a heritage item and construction of a new dwelling – conflicting assessments of significance of the item – suitability of the replacement dwelling agreed – whether the demolition of the existing dwelling will have an unacceptable impact on the heritage significance

Kim v City of Ryde Council [2020] NSWLEC 1340
DEVELOPMENT APPLICATION – change of use – suitability of the site for the development – objectives of the B1 Neighbourhood Centre zone – weight given to resident submissions

Northern Beaches Council v Tolucy Pty Ltd [2020] NSWLEC 76
APPEAL - appeal against Commissioner’s judgment on questions of law (Grounds 1 to 4 - the bushfire grounds) - whether the Commissioner prejudged bushfire matters required to be considered by virtue of cl 27(2)(h) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (the SEPP) (Ground 1) - in the alternative, whether the Commissioner failed to consider relevant matters required by cl 27(2)(h) of the SEPP (Ground 2) - whether the Commissioner denied the Council procedural fairness by accepting bushfire evidence from the Company only and not giving the Council the opportunity to be heard concerning it (Ground 3) - whether the Commissioner failed to give reasons for granting approval despite insufficient evidence on bushfire issues (Ground 4) - Ground 1 upheld rendering it unnecessary to determine Ground 2 - Ground 3 not established - Ground 4 upheld APPEAL - appeal against Commissioner’s judgment on questions of law (Ground 5) - whether the Commissioner failed to address relevant mandated matters concerning (i) access to facilities and services vis appropriate pedestrian and public transport facilities and (ii) failed to consider relevant contextual building design matters - (i) dealt with through subsequent ground - complaint in (ii) not established - Ground 5 rejected
APPEAL - appeal against Commissioner’s judgment on questions of law (Ground 6) - whether the Commissioner erred in concluding he could be satisfied, on the basis of written evidence, that required services would be available to residents of the self-care units - consideration of what might constitute satisfactory written evidence - no error established - Ground 6 rejected APPEAL - appeal against Commissioner’s judgment on questions of law (Ground 7) - whether the Commissioner erred in concluding that required minibuses would be available from the time the first occupants of the development took up residence - meaning of words in a condition of consent that buses be available for “the life of the development” – “life of the development” can only commence with issuing of an occupation certificate - residents not permitted to occupy prior to such a certificate - buses therefore required to be available from time first residents take up occupation - Ground 7 rejected
APPEAL - appeal against Commissioner’s judgment on questions of law (Ground 8) - whether the Commissioner adequately considered matters of character and contextual fit of the proposed development in its locality - whether the Commissioner inappropriately relied on the Site Compatibility Certificate in lieu of undertaking the assessment mandated by s 4.15 of the Environmental Planning and Assessment Act 1979 - no error disclosed - Ground 8 rejected
APPEAL - appeal against Commissioner’s judgment on questions of law (Ground 9) - whether the Commissioner misapplied test in cl 26 of the SEPP - Commissioner’s conclusion based on acceptance of the evidence of the Respondent’s expert town planner on the underlying objective of the clause - evidence not challenged by Council’s expert - position consistent with the formulation of the underlying objective of the clause adopted the Senior Commissioner in an earlier case - this issue not pressed by Council in submissions to the Commissioner - Ground 9 rejected
APPEAL - appeal against Commissioner’s judgment on questions of law (Ground 10) - whether the Commissioner erred in concluding that the specific provisions of cl 43 of the SEPP ousted the general provisions of cl 26 - both clauses capable of satisfaction - cl 4.6 process in Warringah Local Environmental Plan 2011 provides mechanism for seeking to avoid compliance with the general provisions - cl 26 not ousted - Ground 10 upheld
REMITTER - should the appeal be remitted or should it be dismissed - if remitted, should remitter be exclusionary - appeal should not be dismissed - appeal is against Commissioner’s decision to grant consent to proposed development - approach adopted by Preston CJ in Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 appropriate to be followed and matter remitted not dismissed - finding in Ground 1 warrants exclusionary emitter
COSTS - presumption that costs follow the event - Council successful in appeal but not on the majority of grounds pleaded - costs to follow the event unless Respondent seeks to be heard to propose some alternative costs order

Harrison v Woollahra Municipal Council [2020] NSWLEC 1341
MODIFICATION APPLICATION – proposed deletion of condition of consent – whether application is compliant with control C4 of clause 1.4.5 of Woollahra DCP – whether application achieves the objects of control C4 of clause 1.4.5 of Woollahra DCP

Denoci Pty Ltd v Liverpool City Council [2020] NSWLEC 102
APPEAL - appeal against Commissioner’s decision on questions of law – whether misconstruction of the proposed development and land on which it was to be carried out– whether the species impact statement failed to comply with Chief Executive’s requirements – whether misconstruction and misapplication of cl 7.6 of Liverpool Local Environmental Plan (LLEP) – whether misconstruction of term ‘environmentally sensitive area’ in cl 7.31
LLEP – whether failure to give reasons – whether denial of procedural fairness – whether misconstruction and misapplication of fifth control in Liverpool Development Control Plan – whether misapplication of statutory test in s 4.15(3A) of the Environmental Planning and Assessment Act 1979 – whether failure to consider proposed offsets through purchase of biodiversity credits from registered biobank sites – no errors of law

Ryan v Northern Regional Planning Panel (No 5) [2020] NSWLEC 101
COSTS – exercise of discretion to award costs where Applicant partially successful in judicial review and civil enforcement proceedings on one of three grounds – three interlocutory injunction applications unsuccessful – numerous amendments of summons resulting in removal of several grounds before the hearing

Made Property Group Pty Limited v North Sydney Council [2020] NSWLEC 1332
DEVELOPMENT APPLICATION – proposed residential flat building – applicant has the benefit of existing use rights – applicant proposes a breach of height of buildings development standard – whether height of buildings development standard derogates from incorporated provisions – whether applicant requires a written request under cl 4.6 of North Sydney Local Environmental Plan to vary development standard – whether the applicant’s written request under cl 4.6 of North Sydney Local Environmental Plan is well founded – whether potential impacts of the proposed residential flat building are acceptable – whether the proposed residential flat building complies with the provisions of North Sydney Development Control Plan

Assurance Holdings No. 3 Pty Ltd v Wollongong City Council [2020] NSWLEC 1329
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – exceedance of the floor space ratio development standard

Queensland

Brennan v Brisbane City Council & Anor [2020] QPEC 39
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – whether reconfiguring a lot in the Regional Landscape and Rural Production Area is prohibited development
Acts Interpretation Act 1954 Qld; Integrated Planning Act 1997 Qld; Planning Act 2016 Qld; Planning Regulation 2017 Qld 

Silk Properties Australia Pty Ltd v Sunshine Coast Regional Council & Anor [2020] QPEC 38
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR MATTERS – RESIDENTIAL – GENERALLY – where development application lodged to subdivide subject lot into eight lots – where the development proposal departs from requirements of planning scheme – where relevant considerations include strategic planning, character and amenity, and public interest – whether development complies with regional planning schemes – whether regional plan supports the proposed development – whether inconsistency between South East Queensland and Sunshine Coast planning schemes
Planning Act 2016 Qld s 45; Planning and Environment Court Act 2016 Qld s 8, s 37, s 43, s 45, s 46, s 47
Planning and Environment Court Rules 2018 Qld r 4; Uniform Civil Procedure Rules 1999 Qld; ShapingSEQ: South East Queensland Regional Plan 2017 Qld; South East Queensland Regional Plan 2009 Qld
Sunshine Coast Regional Council Planning Scheme 2014 Qld

Legislation

Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2020
06/08/2020 - This instrument specifies models of Greenhouse and Energy Minimum Standards (GEMS) products that the GEMS Regulator has exempted from the requirements of Schedule 2 of the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019.

Victoria

Building and Environment Protection Legislation Amendment Act 2020
Act Number: 3/2020 - Date of commencement: 28 July 2020, Part 2 (sections 3 to 18), sections 19, 22, 24 to 30, 36,39, 41, Part 5 (section 47) of this Act came into operation on 28 July 2020 (SG375 28.07.2020)

Victorian legislation can be accessed here 

NSW

Environmental Planning Instruments

State Environmental Planning Policy (Housing for Seniors or People with a Disability) Amendment (Metropolitan Rural Areas Exemption) 2020
(2020-441) — published LW 29 July 2020

State Environmental Planning Policy Amendment (Byron Filming) 2020
(2020-432) — published LW 29 July 2020

Bills introduced Non-Government

Environmental Planning and Assessment Amendment (Prohibition of Waste to Energy Incinerators) Bill 2020

State Environmental Planning Policy (Housing for Seniors or People with a Disability) Amendment (Metropolitan Rural Areas Exemption) 2020
(2020-441) — published LW 29 July 2020

State Environmental Planning Policy Amendment (Byron Filming) 2020
(2020-432) — published LW 29 July 2020

For the full text of Bills, and details on the passage of Bills, see Bills.

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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