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Inside track: Local Government

19 October 2020

#Local Government

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Inside track: Local Government

In the media

Budget’s ‘vote of confidence’ in councils
The Treasurer says the 2020 budget will help rebuild the economy by building more roads, rail and bridges. Australian councils have hailed it as a vote of confidence in the ability of local government to steer the nation back to prosperity after Treasurer Josh Frydenberg announced a $213.7 billion deficit with debt peaking at $966 billion in 2024 (06 October 2020).  More...

$1 billion vote of confidence in local councils
Further Commonwealth support for local government in the Federal Budget will help deliver the targeted short-term stimulus critical to national economic recovery and growth. Australian Local Government Association (ALGA) President David O’Loughlin commended Treasurer Josh Frydenberg’s announcement of a further $1 billion investment in the local roads and community infrastructure as a vote of confidence (06 October 2020).  More...

New Morrison government initiatives a major fillip for regional communities, says ALGA
The ALGA has welcomed new Federal Government support for regional and remote communities hard-hit by Covid-19, drought, and last summer’s bushfires. The announcements by Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development Michael McCormack include two new initiatives – a Regional Recovery Partnerships Program and Resilient Regional Leaders (05 October 2020).  More...

More council stimulus funding expected in budget
Australia peak body for local government is banking on next week’s budget to deliver an extension of Commonwealth stimulus measures for councils. The budget comes as councils buckle under the impact of COVID-19, with a recent report showing many are in the red (01 October 2020).  More...

Most want government to do more to protect privacy
More than eighty per cent of Australians think the government should do more to protect the privacy of their data, according to a survey by the OAIC. Privacy Commissioner Angelene Falk says the survey highlights the importance of data privacy to Australians in a time of rapidly evolving data collection and storage (28 September 2020).  More...
The OAIC’s Australian Community Attitudes to Privacy Survey also shows government is more trusted than business when it comes to the protection of personal information.

Victoria

Council chastised for use of ratepayer funds on espresso martinis, day spa massages
Victoria's Ombudsman says senior managers at Warrnambool City Council "could and should" have done more after learning of credit card misuse to purchase alcohol, massages and "travel coinciding with football games" (09 October 2020).  More...

Text message sparks council candidate complaint over newspaper bias
An errant text message from a newspaper editor has sparked a bitter battle involving allegations a media outlet is trying to sway a council election (08 October 2020).  More...

How do you campaign for council when you can't doorknock or handshake?
John Karagiannidis is running for a spot on a Melbourne council, but is running a very different election campaign during lockdown. Over 2,100 people have nominated for Victoria's council elections, but some are questioning the fairness of running the polls during a lockdown (08 October 2020).  More...

Bendigo leaders disappointed at airport budget snub
Bendigo leaders say the Central Victorian region has been largely ignored in the Federal Budget (07 October 2020).  More...

Video urges Victorians to report corruption in local government
Victoria's anti-corruption agencies have produced a video explaining how members of the community can make a complaint or report wrongdoing in local government. With Victorians voting in local government elections this week, Acting Chief Municipal Inspector Dr John Lynch said now was an ideal time to remind people of the importance of integrity in government (05 October 2020).  More...

Beware the dummies: How to pick the 'stooges' among 2,000 candidates running in council elections
More than 4.5 million Victorians will receive voting forms in the mail next week for the upcoming council elections — what remains unclear is how many of the candidates listed on the ballots actually want to win office (02 October 2020).  More...

Record number of Victorian women stand for council
A record number of women have nominated as candidates in Victoria’s local government elections, with ballots to be posted to millions of voters around the state next week (01 October 2020).  More...

Survey reveals COVID’s toll on local government bottom line
A survey of Victorian local government financial professionals has found that many councils are expecting to report their first ever operating deficits in the 2021 financial year as COVID-19 takes its toll (27 September 2020).  More...

NSW

Push to restore Glebe Island Bridge and reduce motorway 'scarring' on inner Sydney
Plans to reshape the inner-city suburb of Pyrmont are seen as a chance to debate the future of the historic bridge and the Western Distributor motorway ramps (05 October 2020).  More...

Councillors call for greater representation of women in 'boys' club' councils
Female councillors across NSW push for more women to stand for election ahead of vote in September 2021 (05 October 2020).  More...

'Test case in fairness': Minister challenged to hold firm on housing targets
NSW Planning Minister Rob Stokes has been challenged by the Opposition to hold firm against a blue-ribbon council over its housing targets, with his shadow counterpart calling it a test case in fairness (01 October 2020).  More...

Planning Minister warns of 'direct action' against north shore council over housing targets
Rob Stokes has accused a council on Sydney's north shore of "throwing its toys out of the cot" for trying to abandon its housing targets (30 September 2020).  More...

Byron Bay's main beach is disappearing as erosion gouges coastline
Locals liken one of Australia's most famous stretches of sand to an obstacle course, as erosion exposes rocks and undergrowth that could pose a danger to people unfamiliar to the are (29 September 2020).  More...

Queensland

Gold Coast land supply will dry up within five years, developers warn
The State Government reports there is enough land for 45,000 new dwellings on the Gold Coast, despite fears from the construction sector that less than a quarter of that land could be developed (02 October 2020).  More...

RSL fights plan to put road through garden where veterans' ashes are scattered
Taken unawares by a State Government funding announcement, a Sunshine Coast RSL sub-branch is vowing to take council on over a plan to put a road through a memorial garden (01 October 2020).  More...

Palaszczuk government rings in Bells Creek upgrade with $57 million roads bonanza
Transport and Main Roads Minister Mark Bailey said said the project was a great example of how all levels of government are working together on the Sunshine Coast, with council and the Australian Government to also fund the upgrade. Sunshine Coast Council Acting Mayor Councillor Rick Baberowski welcomed the Queensland Government’s commitment to the Nicklin Way/Third Avenue intersection upgrade project (30 September 2020).  More...

In Practice and Courts

Federal Budget 2020-21
The Federal Government delivered the Budget for 2020-21 on 6 October. With a strong focus on the economic recovery from COVID-19, the Budget includes $98 billion in response and recovery support. The Australia Local Government Association issued a media release welcoming the further $1 billion investment in the Local Roads and Community Infrastructure Program.

Budget 2020-21: What it means for the Local Government sector
This year’s Federal Budget has addressed many of the priority issues that ALGA has been advocating and campaigning for over many years. Key areas by industry are summarised here (09 October 2020).  More...

ALGA National State of the Assets 2021
The online NSoA data collection form for your organisation is available on the NAMS+ Platform and is ready for you to start entering your data for the NSoA report. ALGA is calling for councils to be part of the 2021 National State of the Assets (NSoA) report update (October 2020).

Regional Connectivity Program: Funding applications
Examples of projects that could be funded under the Program include upgrades to mobile infrastructure to improve community access to telehealth, remote education and retail internet and phone services, or the development of enterprise-grade broadband networks. Register potential projects on the noticeboard. Applications close on 20 October 2020. Go to the Commonwealth’s central grants website: www.grants.gov.au for guidelines.

National heavy vehicle regulation impact statement
A summary of these changes on pages 18-21 of the RIS Guide and read about the full details in the RIS itself. We are keen to understand council views on these proposals to ensure that councils rights as road managers are not overridden in any way. Submissions close in December 2020.  More...

TIC and the Department of Infrastructure consultation: Proposed changes to the way heavy vehicle charges are set and invested
A Consultation Paper issued examines the way heavy vehicle charges are currently set and looking to ensure they better reflect the levels of service delivered by government to the industry. This will have long-term potential impacts on how council managed road networks are funded into the future. Consultation or for written submission swill be open until at least the end of September 2020.  More... 

Victoria

City of Melbourne Annual Report 2019–20
A meeting of the Melbourne City Council will be held on 20 October 2020. At this meeting of Council, the Annual Report 2019–20 will be considered.  More...

City of Melbourne: View all current tenders
See Tenders for more information on the tendering process and procurement policy, closed and awarded tenders.  More...

SRO: Further tax and fee relief measures
14 September 2020 - As part of a $3 billion business support package, the Victorian Government has announced further coronavirus tax relief measures, including waiving of liquor licencing fees for 2021, deferral for 2020-21 payroll tax liabilities, and duty reductions for those buying commercial or industrial property in regional Victoria.
Note: Following the recent Victorian bushfires, the Victorian Government passed legislation in April 2020 to bring forward the 50% stamp duty discount for contracts entered into on or after 27 January 2020 to buy commercial or industrial property in bushfire affected LGAs. The 50 per cent stamp duty discount for commercial and industrial property across all of regional Victoria will be brought forward to 1 January 2021.

COVID-19 update
Melburnians are hoping public health thresholds will soon be met to enable them to move to the Third Step in the roadmap for the easing of restrictions. Revised roadmaps for metropolitan Melbourne and regional Victoria, as well as industry restrictions by region are available here.
The DHHS has updated the guidance regarding the enforcement of parking restrictions within the metropolitan Melbourne area. Councils are now permitted to enforce parking restrictions, including Green Parking Zones, to ensure public safety and access. Parking inspectors must ensure that they work outdoors, maintain physical distance (1.5 metres), wear a face covering, practice good hygiene and avoid interactions in close spaces.

Climate change adaptation resources
The Victorian Government Department of Environment, Land, Water and Planning has published Local Government Climate Change Adaptation Roles and Responsibilities under Victorian legislation: Guidance for local government decision-makers.

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.

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

Local Government elections
The Victorian Electoral Commission has been provided the authority to extend the postal voting timeline for the current Victorian local council elections, if necessary, to ensure that voter participation and election results are not affected by any possible mail delivery delays. For more information, visit the VEC website.
The Victorian Government has released its mandatory Local Government Candidate Training course. The Local Government Act 2020 requires prospective candidates to complete the course in order to be eligible to nominate with the Victorian Electoral Commission (VEC). This requirement also applies to all serving or former councillors intending to nominate.
The VEC has published its COVIDSafe Election Plan, describing how it will ensure council elections will be safe and accessible for all participants. The Plan identifies a range of issues, including that the Electoral Commissioner has sought authority to vary the requirement for a candidate to sign the declaration on their nomination form in the presence of the Election Manager where a candidate is displaying symptoms indicating they may be unwell or is required to self-isolate. The VEC will post ballot packs to enrolled voters in early October.

Last chance to stand for council
The City of Melbourne (Electoral) and Local Government (Electoral) Amendments Regulations 2020 came into operation on 2 September 2020 and end on 26 April 2021. The amendments to the Electoral Regulations apply to candidate nomination and scrutineer provisions as a result of the COVID-19 pandemic.

Outdoor Eating and Entertainment Package business grants
Applications are now open for the $58 million Outdoor Eating and Entertainment Package. Grants of up to $5,000 are available to licensed and unlicensed hospitality businesses, including restaurants, cafes, pubs/taverns, bars, clubs and takeaway food venues. Applications close on 11 December 2020.

Applications open for the Licensed Hospitality Venue Fund
Grants of up to $30,000 are available through the $251 million Licensed Hospitality Venue Fund program. The fund supports eligible liquor licensees with hospitality venues impacted by the restrictions put in place to slow the spread of coronavirus. Applications close on 23 November 2020. 

$8 million in grants available to deliver Australia Day 2021 events
The National Australia Day Council in collaboration with Australia Day Victoria, is offering $8 million in grants for councils to deliver Australia Day 2021 events. Councils are eligible for a $20,000 grant to ensure their events are COVIDsafe. Councils can also download a free Australia Day-branded Reflect. Respect. Celebrate. event artwork here and apply for a $1,000 grant for production. For more information please visit australiaday.org.au.

Aboriginal Community Response and Recovery Fund
The Aboriginal Community Response and Recovery Fund has been established to support Aboriginal Victorians to deliver community-led initiatives to respond to the impacts of coronavirus (COVID-19). The fund’s total value is $10 million and applications close 30 November 2020.

Community Sports Infrastructure Loans Scheme
Applications are now open for the second round of the $100 million Community Sports Infrastructure Loans Scheme. The low-interest government-guaranteed loans from $500,000 to up to $10 million are available to councils, clubs, associations, educational institutions and facility managers to develop high-quality community sport and active recreation infrastructure. Applications close 15 December 2020.

New funding for primary producers
New funding is available through Disaster Recovery Funding Arrangements to help grape growers in local government areas outside bushfire zones who have had their crops affected by smoke. The grant is available through Rural Finance (1800 260 425) and is open until 31 December.

Reimagining Health Grants
The new VicHealth Reimagining Health Grants will open on 16 September and aim to inspire application ideas that reimagine health and wellbeing in 2020 and 2021. VicHealth is encouraging applicants to submit on or as close to 16 September to have the opportunity to get assessed and notified early. Then funds could be provided more than two months ahead of those who wait until the closing date.

Community Sport Sector Short-term Survival Package
Applications are now open for round two of the $40 million Community Sport Sector Short-term Survival Package. The grants are available to help community sporting clubs and associations during the COVID-19 pandemic. Applications close 16 October.  

Minister’s Good Practice Guideline MGPG-1: Virtual Meetings
Issued by the Minister for Local Government pursuant to section 87 of the Local Government Act 2020.
The Victorian Government’sCOVID-19 Omnibus (Emergency Measures) Act 2020 has introduced into the Local Government Act 2020(the Act) new mechanisms that allows for virtual council meetings –to ensure local government decision-making can continue during the coronavirus pandemic. These new measures will be in force from1 May 2020 until 1 November 2020.  More...

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, the Hon. Lily D’Ambrosio MP

Approvals
VC169 changes the VPP and all planning schemes in Victoria by changing the Planning Policy Framework to help direct balanced outcomes for housing growth and built form, while also clarifying and consolidating housing policy.
Moonee Valley C213moon corrects errors that occurred as part of the approval of Amendment C201moon.
Macedon Ranges C134macr rezones land forming part of the declared road reserve of Malmsbury East Road near Malmsbury from Farming Zone to Road Zone, Category 1; and corrects obvious and technical errors, clarifies or improves grammar or language, inserts or updates headings, updates references to a clause, changes a description of a department or undertakes a combination of the above in Clauses 21.02, 21.04, 21.05, 21.06, 21.07, 21.08, 21.09, 21.10, 21.12 and 21.13 of the Municipal Strategic Statement and Schedule 7 to Clause 43.02 (Design and Development Overlay), Schedule 4 to Clause 43.04 (Development Plan Overlay), Schedule 14 to Clause 43.04 (Development Plan Overlay), Schedule 1 to Clause 44.06 (Bushfire Management Overlay) and Schedule 2 to Clause 44.06 (Bushfire Management Overlay).
Maroondah C143maro extends the expiry dates of interim Heritage Overlay controls for places and precincts within the Jubilee Park heritage area in Ringwood (introduced through Amendment C117) until 31 March 2021.
Melbourne C386melb implements the recommendations of the Hoddle Grid Heritage Review by introducing the Heritage Overlay on an interim basis to 68 individual places and extends the boundary for four precincts until 29 May 2022, deletes two existing interim heritage controls, and makes other consequential changes.
Moreland C174morept1 applies the Heritage Overlay on a permanent basis to 75 individual sites, 4 heritage precincts, 3 serial listings and 10 precinct extensions in Brunswick, Brunswick East, Brunswick West, Coburg, Coburg North, Glenroy, Fawkner, Fitzroy North, Oak Park, Pascoe Vale and Pascoe Vale South. The amendment also introduces ‘The Moreland Heritage Exemptions Incorporated Plan 2019’ and rectifies anomalies in Clause 22.06 (Heritage) and in the Schedule to Clause 43.01 (Heritage).
Stonnington C310ston amends the Toorak Road – South Yarra Tramway and Railway Station Infrastructure Upgrade Incorporated Document, September 2019 by: Extending the incorporated document’s expiry date for commencement of use and development; extending the incorporated document’s expiry date for completion of development; and making the Minister for Planning responsible for the approval of plans.
Yarra C231yarapt1yara introduces permanent built form controls in Queens Parade by replacing the existing Design and Development Overlay, Schedule 16 (DDO16) with a new DDO16, rezones the land at 660-668 Smith Street and 1-41 Queens Parade, Clifton Hill from Commercial 2 to the Commercial 1 Zone and applies an Environmental Audit Overlay to it, applies the Heritage Overlay to various sites within the Queens Parade Neighbourhood Activity Centre as well applying and modifying building gradings via incorporated documents.
Yarra C231yarapt3yara introduces permanent built form controls to 141-167 Queens Parade, Clifton Hill by replacing the Design and Development Overlay, Schedule 20 with a new Development Overlay, Schedule 16.
Yarra C284yara extends the expiry dates of the interim built form controls that apply to the Bridge Road (DDO21) and Victoria Street (DDO22) Activity Centres and to Collingwood South (Mixed Use) Precinct (DDO23) until 30 June 2021.
Yarra C285yara facilitates the development of land at 36-52 Wellington Street, Collingwood, for a multi (fifteen) storey office building, use of the land for food and drink premises and a reduction in car parking by introducing an Incorporated Document in the Yarra Planning Scheme titled ‘36-52 Wellington Street, Collingwood – Incorporated Document, September 2020’ and amending the Schedule to Clause 45.12 ‘Specific Controls Overlay’ to introduce SCO15.

Panel Reports
Cape Otway Road Australia Development Advisory Committee Elite athlete training facility, tourism development and residential subdivision at 1300-1320 Cape Otway Road, Modewarre

NSW

LGNSW: Submissions
LGNSW submission to IPART's draft report on interment costs and pricing
Draft submission to Independent Pricing and Regulatory Tribunal (IPART) October 2020

Office of Local Government Circulars

20-37 Status of special COVID-19 measures
September 22, 2020 - Circular Details20-37 / 22 September 2020 / A723972
Amdts extend the period during which the special COVID-19 pandemic provisions of the Local Government Act 1993 (the Act) apply, and postpone the repeal of the COVID-19 pandemic regulation-making power in the Act.  More...

Queensland

Walkable Neighbourhoods
The Queensland Government has introduced the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020. The new benchmarks may be overridden by local government planning schemes that enforce a stricter criteria. The benchmarks will apply to any subdivisions that:
- Are in a residential (excluding rural residential or similar zone) tourism accommodation, emerging community or mixed-use zone
- Have a single lot dedicated for residential purposes
- Include the creation of roads or extension to existing roads
The regulation will apply to all Development Applications lodged after September 28 2020. To find out more about the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020 and the supporting technical documents, please click here (September 2020).

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. The Minister for Planning has extended the COVID-19 emergency applicable event to 31 October 2020.  More...

Open for consultation: Moreton Bay Regional Economic Development Strategy
Moreton Bay Regional Council has developed a Regional Economic Development Strategy that is now open for community consultation. The strategy provides a 20-year economic vision for Moreton Bay, and a blueprint for sustainable economic growth into the future. To view the draft strategy and provide feedback, please click here.

Cases

Axent Holdings Pty Ltd t/a Axent Global v Compusign Australia Pty Ltd [2020] FCA 1373
PATENTS – changing sign system for use as variable speed limit sign on roadways – construction of claims – whether method or product claims – product claims containing a limitation by result – clarity of claims – infringement – defence of Crown use – defence of innocent infringement – defence of prior use – lapsed patent – alleged invalidity of patent on grounds of lack of novelty, inventive step and entitlement, and failure to disclose best method – held: No infringement; patent wholly invalid for lack of inventive step; partially invalid for want of novelty
Acts Interpretation Act 1901 (Cth) s 15AA
City of Adelaide Act 1998 (SA) s 4
City of Greater Geelong Act 1993 (Vic) s 5
Copyright Act 1968 (Cth) s 115
Evidence Act 1995 (Cth) ss 60, 63, 67, 69, 79, 135, 136, 160, 192
Federal Court Rules 2011 (Cth) rr 1.34, 23.13, 30.29
Highways Act 1926 (SA) ss 2, 8, 10(1), 13, 20, 20B, 26, 28, 31, 31A, 32
 Local Government Act 1989 (Vic) ss 3C, 3D, 111, 111A, 132, 133, 135, 186, 203, 204, 205, 206, 207, 208H, 209, 218, 218A.

Victoria

ST Architects Pty Ltd v Whitehorse CC [2020] VCAT 1127
The construction of five, double storey dwellings on a lot, removal of vegetation and buildings and works within four metres of protected trees in a Significant Landscape Overlay, Schedule 9 (SLO9). Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Petridis Architects v Whitehorse CC [2020] VCAT 1120
Section 77 Planning and Environment Act 1987, Whitehorse Planning Scheme, Neighbourhood Residential Zone – Schedule 5, Significant Landscape Overlay – Schedule 9, neighbourhood character, landscape character, activity centre planning, front setback, secluded private open space areas.

Mead v Kingston CC [2020] VCAT 1114
Kingston Planning Scheme; GWZ2; UFZ; DDO5; PAO1; Transfer station; Operating characteristics and whether use meets condition in table of uses in GWZ2; Response to strategic and physical contexts; Orderly planning; Amenity impacts. 

Bzezinski v Bayside CC [2020] VCAT 1110
80 of the Planning and Environment Act 1987; Review the conditions contained in the permit; Bayside Planning Scheme; Neighbourhood Residential Zone – Schedule 3; Clause 22.06 Neighbourhood character policy; Precinct C1; Deletion of balcony, eave and screen. 

Savkoska v Mornington Peninsula SC [2020] VCAT 1101
To amend condition 34 and 37 of Permit TPA/25851/B to allow background music on the decking of the hotel
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant an amended permit. 

Eric Salter Pty Ltd v Macedon Ranges SC [2020] VCAT 1094
The decision of the Responsible Authority is set aside. The permit allows:Re-subdivision of Three (3) Lots into Twelve(12) lots in two (2) stages and Removal and Creation of Easements and Alteration to an Access to a Road Zone, Category 1 

Samda Five Pty Ltd v Whittlesea CC [2020] VCAT 1100
Construction of four double storey dwellings on land at Lot 185 on Lodged Plan 40752, 75 Messmate Street Lalor (the review site). Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 

Nguyen and Zhang Investment Pty Ltd ATF Nguyen and Zhang Investment Pty Ltd Trust v Bayside CC [2020] VCAT 1098
Application under section 80 of the Planning and Environment Act 1987; Review the conditions contained in the permit; Bayside Planning Scheme; Hampton Major Activity Centre; Commercial 1 Zone; Design and Development Overlay – Schedule 12; Amendments to plans; Overshadowing; Car parking; Materials and finishes; Plant and equipment. 

Anasis v Hume City Council & Anor [2020] VSC 620
JUDICIAL REVIEW AND APPEAL – Application for judicial review of decision by VCAT to make enforcement order under s 114 Planning and Environment Act 1987 (Vic) for contravention of Council Planning Scheme – Whether Tribunal erred in weighting of evidence amounting to denial of natural justice – No error of law in Tribunal’s approach to evidence – Whether denial of opportunity to cross examine on affidavit received after conclusion of evidence amounts to denial of procedural fairness – No denial of procedural fairness arises where Tribunal gave no weight to affidavit – No grounds of review made out – Application dismissed.

Howard Finance Pty Ltd v Yarra City Council [2020] VSC 610
PROPERTY – Declarations sought that lane is not a public highway - Onus of proof - Whether presumption of dedication arose from long use by the public – Whether rebutted by evidence including as to installation of gate(s) – Alternatively whether lane was a road by reason of being a right of way under the Local Government Act 1989 (Vic) s 3 - No declarations made – Anderson v City of Stonnington [2017] VSCA 229; (2017) 227 LGERA 176 applied – Mayberry v Mornington Peninsula Shire Council (2019) 59 VR 383 cited – Road Management Act 2004 (Vic) s 3, sch 5 sub-cls 1(4), 1(5).

Sena Property Group Pty Ltd v Boroondara CC [2020] VCAT 1037
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit
Construction of seven dwellings, six of which have a three-storey height and one is double storey.

Salfi v Whittlesea CC [2020] VCAT 1096
Application under s. 81(1) Planning and Environment Act to review the refusal to extend the time to commence a development. Construction of a dwelling to the rear of an existing dwelling.

Meseha v Monash CC [2020] VCAT 1084
Construction of three double-storey dwellings. Application under section 79 of the Planning and Environment Act 1987 – to review the failure to grant a permit within the prescribed time.

Cardinia SC v Douglas [2020] VCAT 1088
Pursuant to section 115B and 115CA of the Victorian Civil and Administrative Tribunal Act 1998, Stephen Ross Douglas is ordered to reimburse the applicant, Cardinia Shire Council, the whole of the application fee and daily hearing fee paid by the applicant in the proceeding, namely $2,280.40, within 60 days of the date of this order
Application under section 114 of the Planning and Environment Act 1987 – application for an enforcement order.

Bread & Butter Investments Pty Ltd v Port Phillip CC [2020] VCAT 1080
Construction of two dwelling scomprising a three storey building and a basement car park on land at 3 Hood Street, Elwood (the review site) Application under section 82 of the Planning and Environment Act 1987–to review the decision to grant a permit. 

Lindsay Smith v Hobsons Bay CC [2020] VCAT 1070
To construct two, two storey dwellings. The site coverage is 62.3 per cent and Garden Area is 35.9 per cent
Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.

Clause 1 Planning v Whittlesea CC [2020] VCAT 1082
Section 81(1) of the Planning and Environment Act 1987; Whittlesea Planning Scheme; General Residential Zone Schedule 4; Development Contributions Overlay Schedule 3; Construction of four dwellings; Request to extend permit; Change in zoning; Likelihood of permit being granted under current scheme.

Hansen v Yarra CC [2020] VCAT 1074
Section 82 of the Planning & Environment Act 1987; Yarra Planning Scheme
Two dwellings: Off-site amenity impacts (Clause 55).

Chen v Stonnington CC [2020] VCAT 1062
To construct a two-storey dwelling, swimming pool, front fence and removal of trees. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Huang v Boroondara CC [2020] VCAT 1067
Section 77 of the Planning and Environment Act 1987. Boroondara Planning Scheme. Neighbourhood Residential Zone. Heritage Overlay. Partial demolition, alterations and two-storey additions. Heritage streetscape. Off-site amenity impacts. 

Planning & Design Pty Ltd v Darebin CC [2020] VCAT 1069
Darebin Planning Scheme; Residential Growth Zone, Schedule 1; Amendment to include additional bedrooms within apartments; Secluded private open space; Internal layout; Internal amenity.

Stefanetti v Manningham CC [2020] VCAT 1060
Applications under Section 82 of the Planning and Environment Act 1987. Manningham Planning Scheme. Residential Growth Zone. Design and Development Overlay Schedule, 8. Four storey apartment development. Built form. Amenity. Vehicle access. 

NSW

HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135
DEVELOPMENT APPLICATION – residential flat buildings – jurisdictional preconditions to grant of consent – satisfaction of preconditions – traffic generated by development – whether traffic management works required to prevent illegal manoeuvres – whether development not to be approved until traffic management works constructed.

Ritchie v Blacktown City Council [2020] NSWLEC 1474
MODIFICATION APPLICATION – alter condition requiring designation of all four dwellings of two dual occupancies as affordable rental housing requiring only one – whether all dwellings should be so designated – if not, whether one from each of two dwellings should be designated – statutory construction – public interest.

Westminster Projects Pty Ltd v Blacktown City Council [2020] NSWLEC 1471
DEVELOPMENT APPLICATION – multi-dwelling development – solar access – amenity.

Abdullah v Strathfield Municipal Council [2020] NSWLEC 1467
Modification application – add bedroom to approved dwelling – bedroom had been required to be deleted as a condition of consent sought to be modified – bulk and scale – character – compliance with controls in local environmental plan – whether provisions of development control plan met.

Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1456
DEVELOPMENT APPLICATION – development within Zone W2 Recreational Waterways – water recreation structures – mooring pen – is information about vessel in a pen required in order to assess visual impact – visual impact on view from the waterway – visual character of locality – potential interference with navigation.

Junn v Willoughby City Council [2020] NSWLEC 1459
DEVELOPMENT APPEAL – subdivision – dual occupancy – orders.

Queensland

Catterall & Ors v Moreton Bay Regional Council & Anor [2020] QPEC 52
PLANNING AND ENVIRONMENT – APPEAL – where appeal against decision to approve a change application for other than a minor change to a development approval – where the changes proposed increase building height but reduce density, bulk and scale – whether the subject land is suitable for high density residential development – whether the changed development, by reason of its height, bulk, scale and density, will have unacceptable impacts on character and amenity – whether the height, bulk scale and density of the changed development complies with the respondent’s planning scheme – whether the change application should be approved or refused
Acts Interpretation Act 1954 Qld s 14B
Planning Act 2016 Qld ss 45, 59, 60, 78, 82, 229 and Sch 1 & 2
Planning & Environment Court Act 2016 Qld ss 43, 45, 46 and 47.

Legislation

Victoria

Acts
Retail Leases Amendment Act 2020 (Vic)
Date of commencement: 1 October 2020 - Part 3 Division 2 (sections 9 to 14) of the Act came in by forced commencement on 1 October 2020 s. 2(3) Act Number: 26/2020

Statutory Rules
No 107 COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous Amendments Regulations 2020
29 September 2020 -To amend the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020

NSW

Regulations and other miscellaneous instruments
Government Sector Finance Amendment (Independent Planning Commission) Regulation 2020 (2020-600) — published LW 9 October 2020
Uniform Civil Procedure (Amendment No 94) Rule 2020 (2020-604) — published LW 9 October 2020

Environmental Planning Instruments
Local Environmental Plan Amendment (Major Infrastructure Corridors—Maps) 2020 (2020-596) — published LW 2 October 2020
State Environmental Planning Policy (Infrastructure) Amendment (Sydney Metro West Interim Corridor) 2020 (2020-591) — published LW 2 October 2020
State Environmental Planning Policy (Western Sydney Aerotropolis) Amendment (Commencement) 2020 (2020-586) — published LW 30 September 2020
State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Minor Amendments) 2020 (2020-592) — published LW 2 October 2020
State Environmental Planning Policy Amendment (Newcastle Restaurants and Small Bars) 2020 (2020-585) — published LW 30 September 2020

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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