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Inside track: Planning, Environment & Sustainability

17 February 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Review supports reform for environmental laws
The Morrison Government has released Professor Graeme Samuel’s review of Australia’s Environment Laws which calls for significant reform of the Environment Protection and Biodiversity Conservation Act 1999 (28 January 2021).  More...

Victoria

Outline projects lodge plans for Fitzroy apartments
Melbourne-based developer Outline Projects has lodged plans for a 9-storey apartment block in the inner-city suburb of Fitzroy (05 February 2021).  More...

BEKL’s Southbank project gets council nod
Melbourne-based developer BEKL has been given the green light by council to build a triple-segment tower in Southbank. Deputy lord mayor Nicholas Reece commended the architects on the design of the site and said there were some 47 objections that were received for this proposal (04 February 2021).  More...

‘More Barcelona, less Gold Coast’: Council objects to pace plans
A scathing review from Melbourne’s deputy lord mayor is a major setback for Pace Development Group’s quadruple tower plans. The deputy lord mayor said they don’t want to see another Docklands or Southbank they want a new part of Melbourne with its own distinct identity and character and midrise developments (03 February 2021).  More...

Victoria – the sun also shines
Victoria is on a big rebuild and reboot of its economy kick and solar is a big focus for the year. According to Stan Krpan, chief executive of Solar Victoria, it’s all systems go (02 February 2021).  More...

Victoria to bring in new heritage laws to stop unlawful demolitions
The Planning Minister promises "the most stringent protections possible" for heritage-listed places, including a ban on development for up to 10 years if property owners are charged with unlawful demolition (02 February 2021).  More...

Melbourne’s south-east fueled by $120m Lendlease deal
Property demand in Melbourne’s southeast is showing no signs of slowing with the number of new estate launches jumping from seven to 16 in the past two years (27 January 2021).  More...

New rental standards to help tenants and landlords
The Andrews Labor Government is taking another step towards making renting fairer for all Victorians, with new rules to ensure every rental property meets basic standards. These regulations come into effect on 29 March and are part of the more than 130 rental reforms the Labor Government is introducing to residential tenancies (25 January 2021).  More...

Queensland

Charter Hall, QuadReal partner on Brisbane office towers
In a bid to remain “flexible” in uncertain times, Charter Hall has lodged two sets of plans for a significant riverfront site in Brisbane’s fast-growing North Quarter precinct (04 February 2021).  More...

Moreton Bay Courts big tech for Innovation Hub
Moreton Bay Regional Council launched its Regional Economic Development Strategy with the 460ha site at The Mill, a key piece of greenfield development, earmarked for an innovation and tech precinct (03 February 2021).  More...

Home solar and batteries “the norm” in new Brisbane property developments
Two residential developments being built in suburban Brisbane will feature “futuristic” new homes fitted out with rooftop solar, battery storage and heat pump hot water systems, a standard the Queensland government hopes will become “the norm” in the state as it aims for net-zero emissions by 2050 (25 January 2021).  More...

In Practice and Courts

Victoria

Safeguarding and reactivating our heritage
Applications for Round 6 of the Victorian Government’s competitive community Living Heritage Grants Program will open on 1 February 2021 and 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 ends 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.

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...

SRO New congestion levy ruling - parking space for multiple motor vehicles
Revenue ruling CL-001 has been published following public consultation. The ruling, which applies to both public and private car parks, explains how to determine the number of parking spaces that are leviable under the Congestion Levy Act 2005 where a space allows for the parking of multiple vehicles (01 February 2021).

SRO: HomeBuilder applications extended until 14 April 2021
You now have until 14 April 2021 to submit your HomeBuilder application, regardless of which grant you are applying for. Our website has now been updated with the revised HomeBuilder guidelines to reflect the extension of the program and the two grant amounts.  More...

Queensland

Report on Post Implementation Review of Strong and Sustainable Resource Communities Act
Open to 30 April 2021- Department of State Development, Manufacturing, Infrastructure and Planning.
Have your say on the consultation report for the Post Implementation Review of the Strong and Sustainable Resource Communities Act 2017.  More...

Gold Coast Coastal Adaptation Plan
The City of the Gold Coast has released its draft Coastal Adaptation Plan for feedback. The plan outlines a long-term strategy for how the Gold Coast responds to the impact of climate change. Community engagement runs from 19 January to 19 February 2021. To read the draft plan or to provide feedback, please click here.

Rockhampton Regional Council expands development incentives policy
Rockhampton Regional Council has expanded its development incentives policy to include multi-residential unit developments within close proximity to the CBD. The policy will apply to DA’s lodged between 1 January 2021 and 31 December 2021. For more information, please click here.

Build-to-Rent Update - approved projects
The Queensland Government has approved two Brisbane-based affordable housing projects by developers following a Request for Detailed Proposals from shortlisted applicants from the Expression of Interest Phase of the Pilot Project. .It is anticipated construction will commence mid-2021 following the finalisation of designs for the projects, with operations expected to commence in 2023.  More...

Consultations
CopperString Project – draft environmental impact statement Closes 12 February 2021
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

Lo v Boroondara CC [2021] VCAT 78
Boroondara Planning Scheme – application under section 77 of the Planning and Environment Act 1987; GRZ5 – construction of a 2-storey dwelling on a lot less than 500sqm; neighbourhood character – landscaping adequacy – impact on existing vegetation – off-site amenity impacts.

Yu v Maroondah CC [2021] VCAT 74
Maroondah Planning Scheme – Section 77 of the Planning and Environment Act 1987 – application for child care centre – legal issue arising about what constitutes a valid planning consideration.

160 Leicester Pty Ltd v Minister for Planning [2021] VCAT 72
The application to amend the enforcement order dated 28 May 2019 is allowed.
Demolition of a building at 154-160 Leicester Street, Carlton (formerly Carlton Inn) under the Capital City Zone – Schedule 5 (Clause 37.04) and the Heritage Overlay (Clause 43.01) of the Melbourne Planning Scheme.

Basser v Mornington Peninsula SC [2021] VCAT 59
Application under section 80 of the Planning and Environment Act 1987; Review the conditions contained in the permit – Mornington Peninsula Planning Scheme – Heritage Overlay – Schedule 127; Demolition of outbuildings – VicSmart application – Clause 59.07 – Clause 71.06 – impact on significance of heritage place.

Gazelle Constructions Pty Ltd v Mornington Peninsula SC [2021] VCAT 63
Section 77 of the Planning & Environment Act 1987 – Mornington Peninsula Planning Scheme – General Residential Zone Schedule 1 – Design and Development Overlay Schedule 1 – Vegetation Protection Overlay Schedule 1 – Designated Bushfire Prone Area – construction of four dwellings – Planning Policy – Neighbourhood Character – landscaping – Amenity Impacts.

Katelea Pastoral Pty Ltd v Wellington SC [2021] VCAT 60
Application pursuant to section 77 of the Planning and Environment Act 1987 – re-subdivision into three lots; protection of agricultural land – compliance with Yarram and Buckley’s Island Road Strategy Plans – fragmentation of farming land; realignment of boundaries.

Staples v Maroondah CC [2021] VCAT 57
Maroondah Planning Scheme – application pursuant to Section 77 of the Planning and Environment Act 1987 – neighbourhood Residential Zone Schedule 3 (NRZ3) – significant Landscape Overlay Schedule 3 (SLO3) – new single storey dwelling behind an existing dwelling; Repeat appeal – neighbourhood character – clause 55; Site layout – internal amenity – landscaping. No permit.

Ikonomidis Design Studio v Banyule CC [2021] VCAT 40
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
The permit allows: Construction of five dwellings and the removal of vegetation.

Vivace Property Group Pty Ltd v Glen Eira CC [2021] VCAT 24
Section 77 Planning and Environment Act 1987 – Glen Eira Planning Scheme – Commercial 1 Zone – Interim Heritage Overlay – Parking Overlay – Neighbourhood Activity Centre – Mixed-use proposal – Student Accommodation – Heritage character.

Queensland

We Kando Pty Ltd v Maranoa Regional Council [2021] QPEC 1
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – application to further change a development approval for a regulated waste storage facility
PLANNING AND ENVIRONMENT – APPEAL – appeal against the decision of the respondent to refuse an application to extend the currency period for the regulated waste storage facility
Planning Act 2016 Qld ss 78A, 81, 87 and Schedule 2
Planning and Environment Court Act 2016 Qld ss 43 and 45

Patterson v Council of the City of Gold Coast & Ors [2020] QPEC 69
PLANNING AND ENVIRONMENT – COSTS – where application to vary earlier orders necessitated by late notification of additional expert – where limited costs order made.

Century Mining Limited v Department of Environment and Science [2021] QLC 3
ENERGY AND RESOURCES – MINERALS – ENVIRONMENTAL PROTECTION LEGISLATION – where the miner appealed the estimated rehabilitation cost fixed under s 300 the Environmental Protection Act 1994 – where the Department of Environment and Science (and the Court on appeal) must have regard to the guideline issued under s 550 of the Environmental Protection Act 1994 when calculating the estimated rehabilitation cost – where the guideline provides an approved calculation methodology – where the agreed ERC amount does not adopt the approved calculation methodology in all respects – whether an ERC amount not calculated strictly in accordance with the approved calculation methodology complies with the guideline – where the Court found that it did – where the Court allowed the appeal and made the orders proposed by the parties
Environmental Protection Act 1994 Qld s 298, s 300, s 524, s 527, s 528, s 530, s 550.

Legislation

Commonwealth

Native Title Legislation Amendment Bill 2020
Amends the: Native Title Act 1993 to: Allow a native title claim or compensation group to impose conditions on the authority of its authorised applicant and require public notification of any such conditions; clarify the duties of the applicant to the claim group; allow the applicant to act by majority as the default position; allow the composition of the applicant to be changed without further authorisation in certain circumstances; allow the claim group to put in place succession-planning arrangements for individual members of the applicant; allow body corporate Indigenous Land Use Agreements (ILUAs) to cover areas where native title has been extinguished; remove the requirement for the Native Title Registrar to notify an area ILUA unless satisfied it meets the ILUA requirements; allow minor amendments to be made to an ILUA without a new registration process; specify that the removal of an ILUA from the register does not invalidate future acts subject to that ILUA; extend the circumstances in which historical extinguishment can be disregarded to areas of national, state or territory parks, and certain pastoral leases; allow a registered native title body corporate to bring a compensation application over an area where native title has been extinguished; require the registrar to create and maintain a public record of section 31 agreements; and make a number of technical amendments; and Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) to: Require registered native title bodies corporate (RNTBC) constitutions to include dispute resolution pathways for persons who are or who claim to be common law holders, and provide for all the common law holders to be directly or indirectly represented in the RNTBC; limit the grounds for cancelling the membership of a member of a RNTBC to certain grounds; remove the discretion of directors of RNTBCs to refuse certain membership applications; specify that the registrar may place a RNTBC under special administration in certain circumstances; and ensure that proceedings in respect of a civil matter arising under the Act that relate to a RNTBC are to be instituted and determined exclusively in the Federal Court, unless transferred to another court with jurisdiction; confirm the validity of certain section 31 agreements; and provide that a person would be entitled to compensation if the bill effects the acquisition of property of a person other than on just terms (within the meaning of paragraph 51(xxxi) of the Constitution).
Finally passed both Houses 03 Feb 2021

Victoria

Statutory Rules

No 3 Residential Tenancies Regulations 2021
27/01/2021. The objective of these Regulations is to prescribe matters authorised or required to be prescribed under the Residential Tenancies Act 1997. These Regulations come into operation on 29 March 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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