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Inside track: Local Government

19 May 2021

#Local Government

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Inside track: Local Government

In the media

$250 million federal budget boost for Building Better Regions Fund
The Morrison Government will earmark an additional $250 million for a sixth round of Building Better Regions Fund in next week’s federal budget. Deputy Prime Minister Michael McCormack made the announcement in a speech at Rockhampton on Wednesday, where he thanked local government for the job “you are doing on behalf of your local communities” (07 April 2021).  More...

‘Betterment the order of the day’: Cth to invest $600 million in mitigation
A new federal agency will support local community responses to major natural disasters and administer a $600 million “Preparing Australia Program”. Prime Minister Scott Morrison said the new program will enable the Commonwealth to directly fund disaster mitigation and risk-reduction projects. These projects will include flood levees, hardened telecommunications infrastructure, and bushfire and cyclone-proof housing (07 April 2021).  More...

$800 million for climate change, disasters
The new National Recovery and Resilience Agency will manage a $600 million disaster mitigation and recovery program. The initiative, a collaboration between the Bureau of Meteorology, the CSIRO, ABS and Geoscience Australia, will begin operating from July 1 (06 May 2021).  More...

Budget to deliver $250 million in regional grants
The federal budget will target regional Australia with $250 million worth of Building Better Regions grants for councils and community organisations. Mr McCormack said last year’s $200 million budget commitment for a fifth Building Better Regions Fund round was oversubscribed by almost a billion dollars and the government is still considering applications (06 May 2021).  More...

Fostering digital engagement after COVID
Many local councils adopted digital technologies overnight during COVID and pivoted in-person services to online channels. The findings are contained in the changing landscapes report, which was released by Civica (06 May 2021).  More...

Place-based policies will relieve regional housing stress: AHURI
Increased demand for housing in the regions during the COVID-19 pandemic has exacerbated social and economic disadvantage, new university research suggests. In places where social and affordable housing is in short supply, lower-income tenants, including students and young unemployed people, are now at increased risk of experiencing more housing stress and precarity (30 April 2021).  More...

Victoria

Review to examine cultural issues in local government
Respect, integrity and trust across local councils will be strengthened through a wide-ranging review of cultural issues backed by the Andrews Labor Government. The discussion paper will look into the history of the culture in local government and ways to promote a more positive and inclusive work environment (01 May 2021).  More...

Parks investment means more open space and jobs
Minister for Energy, the Environment and Climate Change has announced the funding as part of the launch of a bold blueprint for managing Melbourne’s open spaces – the Open Space for Everyone Strategy. Park upgrades could include new seating, barbecues, toilets, fencing, landscaping, lighting, shading, path upgrades, as well as water features and new playgrounds, funded under the $154 million Suburban Parks Program (30 April 2021).  More...

Residents of eight Melbourne LGAs to chart local biodiversity
Eight Melbourne metropolitan councils have invited their residents to help document urban biodiversity as part of the global City Nature Challenge. The councils – Boroondara, Whitehorse, Knox, Manningham, Monash, Maroondah, Stonnington, and Greater Dandenong – will “compete” with 250 cities from around 40 countries to celebrate “the healing power of nature” (30 April 2021).  More...

Helping councils keep Victorian communities COVIDSafe
The Andrews Labor Government is delivering new funding for Victorian councils to help local businesses and communities stay safe and open through 2021. Minister for Local Government Shaun Leane has announced more than $7 million for councils across the state to establish the Local Government Business Concierge and Hospitality Support program (30 April 2021).  More...

Victoria to trial e-scooter hire schemes across three LGAs
Electric scooters will be trialled for up to a year in three Victorian council areas, the Victorian Government announced. Starting later this year, the trial is seeking to ascertain out how e-scooters could be integrated safely into the transport network. It will be conducted in two metropolitan LGAs and one regional LGA (30 April 2021).  More...

'Disgraceful' amount poured into pokies, but Ballarat mayor says he can't halt their spread
A Ballarat pub's application for eight new poker machines sparks renewed discussion on the issue at the City of Ballarat Council, with mayor Daniel Moloney saying state government approval is "a fait accompli" (29 April 2021).  More...

NSW

Making life easier for pet owners
Dog and cat owners across NSW are set to benefit from a revamped NSW Pet Registry with a $2 million rebuild of the online platform to enhance functionality and improve the user experience. The Government is building a new Pet Registry to improve registration and microchipping features based upon feedback from pet owners, animal welfare organisations, and councils (04 May 2021).  More...

Recovery grants extended to flood-affected NSW communities
Communities in seven NSW North Coast local government areas are to get additional DRFA assistance for flooding that occurred in February. Recovery grants of up to $75,000 for primary producers and up to $50,000 for small businesses are now available in the Clarence Valley, Coffs Harbour, Kyogle, Lismore, Nambucca Valley, Port Macquarie-Hastings, and Richmond Valley (30 April 2021).  More...

New 24-hour economy liquor reforms take effect
NSW Councils have the option to take the lead in managing complaints about noise from inside licensed premises in their local area, including entertainment sound. Councils will also have new powers to establish ‘Special Entertainment Precincts’ where they adopt their own plans to encourage and manage live, amplified music. Further information about the 24-hour economy liquor reforms is available here (30 April 2021).  More...

Accelerated Infrastructure Fund must continue in upcoming NSW budget
The NSW Government announced that construction was already underway on all 14 projects in The Hills and Blacktown that received a share of $145 million in funding from the Government and local councils – and this was due to the funding support provided by the Accelerated Infrastructure Fund (29 April 2021).  More...

Queensland

One-off historic Brisbane riverside mansion slips through public hands
The state government knocks back a Brisbane City Council pitch to jointly buy the dilapidated Lamb House to put it in public hands, with buyers now expressing strong interest in the heritage-listed landmark (06 May 2021).  More...

NQ reinsurance pool announcement a welcome game-changer for councils and communities
LGAQ has welcomed the Federal Government’s announcement of a reinsurance pool to help reduce insurance costs for North Queensland residents and businesses (04 May 2021).  More...

Hundreds of local apprentices and trainees get their first start
The Palaszczuk Government is helping to get 400 more council apprentices and trainees across Queensland their first start in a job, thanks to a $6 million investment through Skilling Queenslanders for Work (05 May 2021).  More...

Public sidelined as 'special delegation' approves 12-storey Point Danger 'eyesore'
A Gold Coast councillor has raised concerns about the approval of a controversial 12-storey tower at Coolangatta and says changes are needed to the city plan (30 April 2021).  More...

SW councils planning socio-economic study on carbon impact
South west Queensland councils impacted by the federal government's Emissions Reduction Fund are working towards implementing a socio-economic study, in order to properly gauge the impact of the scheme on their communities (29 May 2021).  More...

Sacked Logan council CEO loses unfair dismissal case
The woman who triggered events that led to the sacking of the entire Logan City Council has lost her unfair dismissal case (29 April 2021).  More...

Auditor-General highlights councils' financial challenges
Queensland councils welcome the recommendation of the state’s Auditor-General for more funding certainty to be provided to councils with financial sustainability continuing to be a critical issue for the sector (23 April 2021).  More...

In practice and courts

June deadline looms for LGs to register sister city agreements
Local Governments have until 10 June to notify the Department of Foreign Affairs of non-core foreign arrangements entered into on or before 9 March. Arrangements should be notified through the Foreign Arrangements Portal. Any local government that does not yet have access to the portal can obtain access by emailing the Department of Foreign Affairs and Trade’s Foreign Arrangements Taskforce. Click here for further information about the scheme, including guidance on what a foreign arrangement is and a fact sheet on Local Governments’ obligations.

LGs eligible for environmental safe havens funding
Councils have been advised that they can apply for Commonwealth grants to build safe havens for threatened native wildlife species. Local government agencies/bodies can apply for grants ranging from $500,000 up to $1.8 million. The cut-off for grant applications is 11 January 2021, and projects eligible for grants must be completed by 31 May 2023. Click here for more information.

Victoria

EPA – Lara waste to energy proposal: Public comment
The Victoria EPA has received a Works Approval application for the construction of a waste to energy facility at 164-200 McManus Rd, Lara. View the full application here. Click here to learn more.

SRO: Congestion levy update
Eligible car park owners and operators can apply for a part-year concession in certain circumstances. This concession applies to car parking spaces located in private and public car parks. Please note, car park owners and operators are not eligible for a part-year concession for the 2021 levy year as a result of COVID-19 restrictions. Visit our website for further information about the congestion levy. 

Gender impact assessments
It is important that councils are already thinking about and preparing to meet their obligations under The Gender Equality Act 2020 which came into effect from 31 March 2021. Other key dates in 2021 are 30 June when councils must conduct a workplace gender audit, and 31 October when councils must submit a Gender Equality Action Plan, based on the findings from their workplace gender audit. CGEPS is also planning tailored sector-based workshops to be delivered by their Panel of Providers and is available to answer your questions sent.

Living Libraries 2021
Councils can apply for grants of up to $1 million to expand and modernise existing libraries, build new libraries or buy new mobile library vans. For more information on Living Libraries and this year’s application guidelines click here.

Container deposit scheme
The MAV has welcomed the release of the Victorian Government’s consultation paper on the design of the container deposit scheme (CDS). Following significant advocacy from the MAV, councils, environment groups and others, the State committed to introducing a CDS by 2023 as part of its Recycling Victoria policy.

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.

s.186 exemption for council recycling contracts
The Victorian Local Government Minister has announced a state-wide s.186 exemption for local councils to extend their recycling collection contracts to 30 June 2021. Attached is a copy of the letter sent to all councils co-signed by Minister Somyurek and the Minister for Energy, Environment and Climate Change.

Smart Planning PPF translation update
Smart Planning continues to work with councils on their Planning Policy Framework (PPF) translations. To date, PPF translations have been gazetted for Murrindindi, French Island and Sandstone Island, Glenelg, Moonee Valley, Golden Plains, Southern Grampians and Colac-Otway. The PPF translation project is time bound and all planning schemes must be translated by 30 June 2021. Information on preparing for your PPF translation is available on the Smart Planning website.

NSW

Review of the rate peg to include population growth
IPART is seeking feedback and submissions from the public on the review of the rate peg methodology to include population growth. Consultation ends September 2021. The rate peg is based on the annual change in the Local Government Cost Index. The issues paper can be found here. Click here to learn more.

$4.8 million in funding to digitise regional NSW
Grants of $50,000 funding will help regional councils acquire new or upgrade existing IT systems, software and infrastructure and provide council staff the resources and knowledge needed to use the system. All NSW councils need to be using the planning portal to lodge all development applications and complying development certificates by 1 July 2021. Read more here.

Department of Planning consultation – proposed changes to clause 4.6 variations review now on exhibition
The NSW Government is committed to ensuring the NSW planning system is transparent and accountable; and easy to use and understand. As part of this commitment the department is seeking feedback on how to improve the way clause 4.6 operates and provide certainty to councils and industry.

Proposed SEPP amendment to allow outdoor dining pilot in Sydney CBD
City of Sydney – the department is seeking your feedback on a proposed amendment to the codes SEPP which will facilitate a simplified, streamlined process for small bars and pubs in the City of Sydney to have outdoor dining. The Outdoor Dining Trial will run from 30 October 2020 until 31 October 2021. Click here to read more.

Draft NSW Clean Air Strategy – extension
The deadline for local government submissions on the draft Clean Air Strategy has been extended by two weeks and was 7 May 2021. You can view and provide comments on the draft strategy on the NSW Government Have Your Say website. Read more about the extension here.

Reminder: 21–01 transitioning back to in-person council and committee meetings and consultation on proposed changes allowing remote attendance at meetings
The regulation will be amended while OLG consults on the proposed amendments to the Model Meeting Code to allow councils to give approval for individual (but not all) councillors to attend meetings remotely. The amendments will be temporary and will expire on 31 December 2021. Click here to read more.

NSW Public Spaces Legacy Program
Funding for the planning, design, construction or land acquisition costs for new and existing public and open space will be made available to 68 councils across NSW that are using (or mandated to use) the ePlanning system, that adopt a Local Acceleration Program, provided they can achieve improvements in assessment activity between 1 September 2020 and 30 June 2021.

Queensland

PCA regulatory update 29 April 2021
There have been a variety of regulatory updates regarding building cladding, Logan City Council Planning Amendments, the Sunshine Coast Planning Strategy, Caboolture West, and fire protection licensing. Click here to learn more.

Interest rate on overdue rates and charges
Under Section 133 of the Local Government Regulation 2012 and section 125 of the City of Brisbane Regulation 2012 – from 1 July 2021, the new maximum interest rate of 8.03 per cent will apply for the 2021–22 financial year and a resolution setting the actual rate to be charged will be required to be made at the budget meeting for the 2021–22 financial year (updated 21 April 2021). Read more here.

PCA: New Sunshine Coast Planning Scheme
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. The Sunshine Coast Council has provided the following timeline for delivery the new scheme (May 2021). Learn more 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.

Planning (COVID-19 Emergency Response) Regulation 2020
This temporary regulation establishes requirements for keeping documents physically available for inspection and purchase in recognition of health and safety restrictions. This enables local governments to continue to meet their statutory obligations. The regulation is in effect to 30 September 2021. View the Planning (COVID-19 Emergency Response) Regulation 2020.

State Infrastructure Strategy announcement
A new State Infrastructure Strategy will be released in conjunction with seven regional infrastructure plans in aid of supporting our post COVID-19 economic recovery. This follows the recent announcement of the formation of a Growth Areas Delivery Team to address land supply issues in SEQ. To find out more about the strategy, please click here. You're invited to have your say and help shape the State Infrastructure Strategy. Consultation closes on 31 May 2021.

Extension of COVID Bill
State Parliament has moved to extend the timeframe for several measures introduced to allow Government to respond to the impacts of COVID-19 through the COVID-19 Emergency Response and Other Legislation Amendment Bill 2021. As part of these extended COVID-19 measures, new laws were also introduced in State Parliament that will allow Local Governments to change their rates and charges multiple times in a year. These powers will be granted amongst a range of other COVID-19 measures introduced with the intent of allowing flexibility to decrease or increase rates and charges, depending on a council’s need. Councils will be required to amend and formalise their budgets if they make changes, although no limits apply to the frequency.

Cases

Victoria

Save the Dandenongs League Incorporated v Yarra Ranges SC [2021] VCAT 435
Section 82 of the Planning and Environment Act 1987 – Yarra Ranges Planning Scheme – removal of vegetation – environmental significance overlay 1 – significant landscape overlay 9 – clause 52.17. No permit.

Buckley v Greater Shepparton CC [2021] VCAT 434
Section 149A of the Planning and Environment Act 1987 – declaration as to existing use of land for timber milling, sawmilling and timber sales – Clause 63.11 of the Greater Shepparton Planning Scheme.

Whittlesea CC v Gamble [2021] VCAT 439
Section 114 of the Planning and Environment Act 1987 – Whittlesea Planning Scheme – rural conservation zone – agreement under section 173 of the Planning and Environment Act 1987 – alleged use and development of land for a dwelling and store – alleged anticipated removal of vegetation.

Piedimonte Developments Pty Ltd v Yarra CC [2021] VCAT 428
Section 77 Planning and Environment Act 1987 – commercial 1 zone – neighbourhood activity centre – Heritage Overlay Schedule 327 – extent of demolition of heritage buildings – built form – urban design – height – off-site amenity impacts – noise – traffic – car parking – loading – equitable development – new laneway – on-site amenity.

Fixwell Smash Repairs Pty Ltd v Melton CC [2021] VCAT 418
To construct an outbuilding located to the north-west of the existing dwelling. It has an area of 1083 square metres and overall height of 7.44 metres. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Octopus Property (VIC) Pty Ltd v Yarra CC [2021] VCAT 432
Application under s. 80 of the Planning and Environment Act 1987 – to review the conditions contained in the permit – electronic major promotion sky sign.

Babenko v Glen Eira CC [2021] VCAT 429
Housing diversity policy – three-storey apartment building – site is one of two attached dwellings – site responsive design – amenity.

Zen Box Hill Pty Ltd v Whitehorse CC [2021] VCAT 422
Section 79 of the Planning and Environment Act 1987 – Whitehorse Planning Scheme – commercial 1 zone – residential growth zone – multi-storey mixed use development, including office – question of law – whether office use is prohibited – meaning of the expression ‘the total floor area of all floors of all buildings on a site’.

Copious Investments Pty Ltd v Yarra CC [2021] VCAT 421
Development of land at 388-390 Queens Parade, Fitzroy North with a five storey building comprising a ground floor restaurant and first floor offices and three dwellings above. Application under section 81(1)(a) of the Planning and Environment Act 1987 – to review the refusal to extend the time within which a development starts.

French v Mornington Peninsula SC [2021] VCAT 410
Two attached two storey dwellings – DDO4, proper regard for existing development pattern – protection of shared viewlines – integrated subdivision – amenity.

Richards v Indigo SC [2021] VCAT 408
Section 77 Planning and Environment Act 1987 – Indigo Planning Scheme – farming zone – licenced premises – winery – amenity impacts.

Pascuzzi v Monash CC [2021] VCAT 398
Section 82 of the Planning and Environment Act 1987 – Monash Planning Scheme – industrial 1 zone – proposed place of assembly – reduction in car parking – existing parking pressures – access to businesses – safety – management of patron numbers.

Caulfield Grammar School v Stonnington CC [2021] VCAT 405
Use of dwelling for school staff – prejudice to master planning – neighbourhood character – amenity.

P & H Group Enterprises Pty Ltd v Brimbank CC [2021] VCAT 400
S77 Planning and Environment Act 1987 – Brimbank Planning Scheme – residential growth zone schedule 1 – substantial change area – intensification of housing – policy – impact on neighbourhood character – impact on amenity of neighbours – internal amenity.

Pipidoofka Pty Ltd v Melbourne CC [2021] VCAT 389
Section 97P of the Planning and Environment Act 1987 – whether the existing use of some car spaces in a basement of an apartment building by persons who are not owners or occupiers of the apartments is lawful – Clause 63 of the Melbourne Planning Scheme – effect of permit conditions – application for ancillary declarations – whether there is jurisdiction to amend permit.

Jasbe Frankston Pty Ltd v Frankston CC [2021] VCAT 342
Use and development of a service station, convenience shop and convenience restaurant – application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

NSW

Built Developments Pty Ltd v Randwick City Council [2021] NSWLEC 1234
DEVELOPMENT APPLICATION – proposed warehouse – size and frequency of vehicles to attend warehouse facility – consideration of AS2890.2 concerning off street commercial vehicle facilities – application of EP&A Act s 4.15(3A).

Deputy Secretary, Local Government, Planning and Policy v Byrne [2021] NSWCATOD 53
OCCUPATIONS – local government councillors – non-pecuniary conflict of interest – conduct and statements at Council meetings – whether allegations duplicitous – whether breach of Code of Conduct – whether act of disorder – whether misconduct.

Somerset Consulting Pty Ltd v City of Sydney Council [2021] NSWLEC 1215
DEVELOPMENT APPLICATION – integrated development – state heritage register – balcony enclosure – appeal dismissed – orders.

TC (Tallwoods) Pty Limited v Camden Council [2021] NSWLEC 1212
MODIFICATION APPLICATION – reduction sought in contributions payable pursuant to s 7.11 EP&A Act – 42 lot subdivision – whether there was unreasonable delay in the grant of development consent resulting in increase in contributions imposed after 1 July 2020 when Ministerial cap on contributions removed – whether the condition requiring contributions was unreasonable – whether for a condition requiring contributions to be unreasonable the unreasonableness must arise from the application of the contributions plan.

Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210
DEVELOPMENT APPLICATION – application seeking consent for the demolition of existing structures and the construction of a part five and part six-storey residential flat building – site isolation – whether proposed development isolates adjoining corner lot – the relevance of planning principles in the assessment process.

Azizi v Council of the City of Ryde; Alnox Pty Ltd v Council of the City of Ryde [2021] NSWLEC 40
COMPULSORY ACQUISITION – respondent acquires land for public recreation purposes – land zoned R2 Low Density Residential prior to rezoning for public recreation – land compulsorily acquired from each Applicant after successful hardship applications – Applicants dissatisfied with Valuer General’s compensation determinations – Applicants commence proceedings seeking higher compensation – dispute as to whether Valuer General’s future land zoning basis for compensation is correct – Applicants contend future zoning would be R4 High Density Residential – Respondent contends zoning would remain R2 Low Density Residential – Consent Orders in related Supreme Court proceedings resulted in advance payments to each Applicant – advance payments significantly less than 90% of the compensation determination made by the Valuer General in each instance – each Applicant now seeks an order requiring the Respondent to make an additional payment to bring the total advance payment to 90% of the Valuer General's compensation determination – Respondent contends in each proceeding that the Valuer General's compensation determination is too high and that 90% of the Valuer General's determination would exceed the amount that will be the outcome in each proceeding – Respondent has paid $5 million into its legal representatives’ trust account to protect each Applicant's compensation position but resists paying additional advance payment amounts direct to each Applicant – Respondent proposes continuation of the trust account regime which had been established pursuant to this Supreme Court proceedings’ Consent Orders – consideration of the statutory regime in the Land Acquisition (Just Terms Compensation) Act 1991 (the Land Acquisition Act) concerning advance payments – Applicants submit there is no power to withhold advance payments as proposed by the Respondent – held that there is no discretionary power to withhold the statutorily mandated advance payments – held that there is power to order the Respondent to make the additional advance payments sought - additional advance payments ordered to be made.
DISCRETION – appropriate to consider issues of discretion on a contingent basis – statutory regime in the Land Acquisition Act for recovery of monies when advance payments exceed the quantum of compensation determined by the Court – consideration of whether Respondent has an arguable case in support of its future zoning position – held Respondent has an arguable case in support of its future zoning position – nature of the financial information concerning each of the Applicants – necessity to evaluate evidence as to whether each applicant would be able to repay any overpayment of monies made as advance payments – taking into account the advance payment already made to Mr Azizi, no basis to conclude he would not be able to make any required repayment – if power to maintain Respondent’s trust account regime, it would not be appropriate to exercise it in Mr Azizi’s proceeding – taking into account the advance payment already made to Alnox Pty Ltd, there is a proper basis to conclude Alnox Pty Ltd would not be able to make any required repayment – if power to maintain Respondent’s trust account regime, it would be appropriate to exercise it in the Alnox Pty Ltd proceeding.
COSTS – costs follow the event in Class 3 compensation proceedings – both Applicants succeed in obtaining orders sought in the relevant Notice of Motion – Respondent ordered to pay Applicant’s costs of the relevant Notice of Motion.

McEwan v Port Stephens Council [2021] NSWCATAD 110
ADMINISTRATIVE REVIEW – Government Information (Public Access) – scope of access application – secondary employment register – pecuniary interests register – public interest considerations in favour of disclosure – public interest considerations against disclosure – open access information – personal information – secrecy provisions.

Jong Mi Hong v Blacktown City Council [2021] NSWLEC 38
PROCEDURE – application to set aside a subpoena issued in compensation for compulsory acquisition proceedings in civil jurisdiction of the Court – whether a legitimate forensic purpose established by the party seeking production and access to the documents – correct test to be applied in civil proceedings – subpoena valid – claim of public interest immunity – principles to be applied – claim of public interest immunity rejected.

Hazouri v Mosman Municipal Council [2021] NSWLEC 1196
DEVELOPMENT APPLICATION – dwelling house – building height contravention – wall height contravention – view sharing – view chasing – sufficient environmental planning grounds – visual privacy – visual impact – landscape treatment.

Donnelly v Central Coast Council [2021] NSWLEC 1195
DEVELOPMENT APPEAL – residential – first floor addition to an existing dual occupancy – conciliation conference – agreement between the parties – orders.

Queensland

Council & Ors; Dexus Funds Management Limited v Fabcot Pty Ltd & Ors [2021] QCA 95
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – GENERALLY – where the grant of a development permit for a childcare centre, service station, food and drink outlet and shopping centre was sought – where orders were sought that the development be refused – where orders seeking that the development permit be refused were dismissed – where the site the subject of the development permit is within the low-medium density residential zone and within the Smithfield Local Plan – whether approval of the proposed development would compromise the planned role and function of the land – whether the primary judge misinterpreted or misapplied sections 45 and 60 of the Planning Act 2016 (Qld) – whether the primary judge misinterpreted or misapplied the Cairns Plan 2016 – whether the primary judge erred in finding that there was a town planning need for the proposed development – whether the primary judge erred in finding the only non-compliance with the low-medium density residential zone code and the Smithfield Local Plan was that the proposed development was not small scale – whether the primary judge erred in concluding that the proposed development complied with section 3.3.2.1(1) of the Cairns Plan 2016 – whether the primary judge erred in dismissing sub-precinct 3b as an obstacle in the path of an approval of a development application – whether the primary judge failed to take into account the hierarchy of shopping centres under the Cairns Plan 2016 – whether the primary judge took into account irrelevant considerations – whether the primary judge prejudged a code assessable development application.

Bridgeman Enterprises Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 25
PLANNING AND ENVIRONMENT – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR MATTERS – CONDITIONS – APPEAL AGAINST IMPOSITION OF CONDITIONS – where the appellant seeks to develop land already improved by a shopping centre and other buildings – where the respondent approved the development subject to conditions – where conditions relate to electrical infrastructure – whether the conditions are relevant to and not an unreasonable imposition upon the development – whether the conditions are reasonably required in relation to the development.
Planning Act 2016 Qld s 45, s 60, s 65 – Planning and Environment Court Act 2016 Qld s 43, s 45, s 46, s 47 – Sunshine Coast Regional Council Planning Scheme 2014 Qld.

Legislation

Regulations

Victoria

Acts
No 40: Parks and Crown Land Legislation Amendment Act 2020 (Vic)
Date of commencement: 1 May 2021
Sections 30, 32, 33, 49, 61, 63, 64, 68, 70, 73, 74, 76, 79, 81, 82(3), 83, 84(3), 109 to 112, Part 10 of this Act came into operation on 1 May 2021 (SG666 15.12.2020).

NSW

Regulations and other miscellaneous instruments
Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2021 (2021–210) – published LW 7 May 2021.

Environmental Planning Instruments
State Environmental Planning Policy (Three Ports) Amendment (Shipping Containers) 2021 (2021–209) – published LW 6 May 2021.
State Environmental Planning Policy (Infrastructure) Amendment (Health Services Facilities) 2021 (2021–206) – published LW 30 April 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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