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Inside track: Planning, Environment & Sustainability

02 April 2019

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

A plan for Australia's future population
The Government’s population policy includes investing $75 billion in road, rail and air infrastructure across the country and more in congestion-busting infrastructure through the $1 billion Urban Congestion Fund (20 March 2019).  More... 

PCA: Focus on good growth, not preventing it
Australia’s policy-makers and planners need to focus on delivering good growth, especially in our major cities, rather than looking for ways to prevent it. Recent research by the Property Council found an overwhelming majority of Australians believed growth can be good if its managed properly, notwithstanding the growing pains they are feeling in our major cities (20 March 2019).  More... 

Why developers are delaying or abandoning half the apartments they planned to build
The oversupply of apartments is starting to bite, with 40,000 jobs lost and abandoned projects piling up. But it's likely to get worse before it gets better (21 March 2019).  More... 

ARENA funds project for short-term wind and solar farm generation forecasting
Solar and wind farms will trial providing their own short-term generation forecasts, under a funding initiative by the Australian Renewable Energy Agency (ARENA) in partnership with the Australian Energy Market Operator (AEMO) (18 March 2019).  More...  

The less expensive way to reduce the fire risk of some cladding
It took just 90 minutes for fire to race up 20 storeys of the Grenfell Tower, thanks to its combustible aluminium composite panels. But there are ways of making buildings safe — and not all involve completely replacing cladding (12 March 2019).  More...  


Developers paid $4.6 million in koala offset payment to clear bushland
Those upfront payments were chosen in 97 per cent of all development applications where an offset for clearing bushland was necessary since 2014-1 (19 March 2019).  More... 


EOIs close soon for affordable housing project
Development Victoria has called for expressions of interest (EOIs) for housing associations and developers who can deliver affordable or social housing in Melbourne’s inner north. The organisation will collaborate with community housing associations to sell and develop the site at 541 Sydney Road, Coburg (22 March 2019).  More... 

Moonee Ponds Creek could be getting a major revitalisation
The City of Melbourne has announced plans to revitalise the southern part of Moonee Ponds Creek with the possibility of additional parklands, wetlands and new open spaces. Described as one of Melbourne’s "worst planning disasters" by the Planning Institute of Australia in 2011, Moonee Ponds Creek has been struggling with its lifeless waterways and extremely polluted water (21 March 2019).  More... 

CityLink toll hike costs revealed under report on West Gate Tunnel deal
By 2045, Melbourne drivers will pay nearly $100 extra a week to regularly use CityLink under the Victorian Government's plan for toll increases on the roadway, analysis shows (19 March 2019).  More... 

In practice and courts


Environmental offsets framework discussion paper
A discussion paper on Queensland’s environmental offsets framework has been released by the State Government, aimed at seeking community and industry feedback on the policy’s effectiveness. While the Environmental Offsets Act 2014 proposes to simplify and regulate the offsets framework. The review is seeking responses in relation to five key areas. Consultation on the discussion paper closes on 15 April 2019. 

Department of Environment and Science consultations
Review of Queensland’s environmental offsets framework
The Queensland Government is undertaking a comprehensive review of the Queensland environmental offsets framework. Closes 15 April 2019


Victorian state of the environment 2018 report: summary report: Commissioner for environmental sustainability (Vic)
The environmental report card measures the health of Victoria’s environment every five years. This report is a key tool to enable transparent evaluation and disclosure of the condition of Victoria’s environment (20 March 2019).  More...  

Affordable housing project for Melbourne’s inner north: EOI
An Expression of Interest (EOI) to sell the site at 541 Sydney Road, Coburg, is currently open to housing associations and developers who can deliver affordable or social housing. Has closed on Friday 29 March 2019.  More...

VCAT Red Dot Decisions
T C Rice Pty Ltd v Cardinia SC (Red Dot) [2019] VCAT 74
Planning application and gaming application seeking approval for new venue containing gaming room with 80 electronic gaming machines. Department of Environment, Land, Water and Planning v Yarra Ranges SC (Red Dot) [2019] VCAT 323 (6 March 2019) Use and development of a dwelling in Rural Conservation Zone. 

Living Heritage Grants Program – Round 4 applications now open
Applications for Round 4 of the Living Heritage Grants Program are now open and close 10 May 2019. To find out if you are eligible, please read the 2019 Program Guidelines and Frequently Asked Questions here. To apply, follow the link to the online application portal here (14 March 2019). 



Johnston v Banana Shire Council & Anor [2019] QPEC 8
PLANNING AND ENVIRONMENT – APPEAL – appeal against approval of a development application for an integrated Caravan Park and Accommodation Village
ASSESSMENT – whether proposed conditions are an unreasonable imposition on the development – whether the proposed conditions are reasonably required

Chardan Pty Ltd v Sunshine Coast Regional Council & Ors [2019] QPEC 7
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – SERVICE - Whether r.12 of the Planning & Environment Court Rules 2018 requires personal service of an Originating application

Benfer v Sunshine Coast Regional Council [2019] QPEC 6
PLANNING AND ENVIRONMENT – APPEAL – APPEAL AGAINST ENFORCEMENT NOTICE – where the Council gave the appellant an enforcement notice alleging the commission of a development offence under s 163 of the Planning Act 2016 – where the nature of the alleged offence was the importation of approximately 10 000 cubic metres of fill without a development approval – where the land is located within an Flood and Inundation Area under the planning scheme – where the enforcement notice did not refer to the type of development alleged to have been carried out, namely operational works – where the enforcement notice did not refer to provisions of the planning scheme triggering the need for a development permit – where the enforcement notice did not specify the dates, times or period of times on which the alleged development offence was committed – where the enforcement notice gave approximately three months to remove 10 000 cubic metres of fill and reinstate the land to natural ground level – whether the enforcement notice failed to comply with the obligation to state the nature of the alleged offence – whether it was unreasonable to require the appellant to remove the fill – whether the timeframes for the removal of the fill were too short having regard to the volume of fill
PLANNING AND ENVIRONMENT – APPLICATION FOR ENFORCEMENT ORDERS – where the Council applies for enforcement orders requiring the removal of 10 000 cubic metres of fill – where the Council alleges the commission of a development offence under the Sustainable Planning Act 2009 and a development offence under the Planning Act 2016 – whether the Court has jurisdiction to make an enforcement order about an offence under the Sustainable Planning Act 2009 – whether the alleged development offences have been committed – whether, in the exercise of the court’s discretion, the enforcement order should be made

Brisbane City Council v Klinkert [2019] QCA 40
ENVIRONMENT AND PLANNING – BUILDING CONTROL – COUNCIL CONSENT AND APPROVAL – MATTERS FOR CONSIDERATION – ON APPLICATIONS FOR DEMOLITIONS – where the Council refused building work, namely the demolition of a house – where the house was an inter-war house – where the house was said to be a strong contributor to the character of the street – where the house was subject to the City Plan 2014 – where the issues turned on statutory interpretation – whether the development complied with the Demolition Code, effective on 19 May 2017 – whether, if the development complied with the May 2017 Code, s 60(2)(a) of the Planning Act mandated approval of that application – whether and what weight was to be given to the amended Demolition Code


Neoen Australia Pty Ltd v Minister for Planning [2019] VSC 162
ADMINISTRATIVE LAW - whether the Minister is a ‘Tribunal’ within s 2 of the Administrative Law Act 1978 - whether deferral of a decision constitutes a decision – whether deferral of a decision is ultra vires – whether deferral of a decision is unreasonable - Planning and Environment Act 1987 - Administrative Law Act 1978 - Grollo Australia Pty Ltd v Minister for Planning and Urban Growth and Development [1993] VicRp 45; 1993 1 VR 627 - Croft v Minister for Energy and Resources [2001] VSCA 112

Fassoulis v Mansfield SC [2019] VCAT 376
Section 97P Planning and Environment Act 1987 – existing use rights for trail bike riding (motor cross) in association with use of the land as a holiday recreational facility. Section 114 Planning and Environment Act 1987 - breach of clause 35.07-1 Mansfield Planning Scheme – use of the land for trail bike riding requires a planning permit 

Baker & Ors v Campaspe SC [2019] VCAT 365
Section 82 Planning and Environment Act 1987, Campaspe Planning Scheme, Commercial 1 Zone, Clause 52.27, amendment to liquor licence, general licence, parking overlay, amendment to red line, amenity impact, cumulative impact, live music, patron management plan

Duval v Macedon Ranges SC [2019] VCAT 374
S77 review of notice of refusal to grant a permit, Rural Living Zone (RLZ1) Dog Breeding, appropriateness of use in zone, noise amenity impact.

JCDecaux Australia Pty Ltd v Melbourne CC [2019] VCAT 347
Melbourne Planning Scheme; Applications pursuant to Section 77 of the Planning and Environment Act 1987; Capital City Zone Schedules 1 and 2 (CCZ1 and CCZ2); Heritage Overlays (HOs 500, 502, 504, 505 and 509); Thirty-four electronic promotion signs on tram stops in Central City; Visual impact on heritage fabric; Visual impact; Urban design; Public amenity; Walkability. 

Joseph Monaghan, Partner 
T: +61 3 9321 9857

Breellen Warry, Partner 
T: +61 2 8083 0420 

Peter Holt, Special Counsel
T: +61 2 8083 0421

Gerard Timbs, Partner
T: +61 7 3135 0644

Jenny Humphris, Partner
T: +61 7 3135 0690

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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