02 February 2021
New app streamlines application process for Green Star rating
Green Building Council of Australia (GBCA) announces the launch of the first phase of Green Star Online, a new platform that allows projects to easily apply for a Green Star rating. Green Star Online streamlines the application process and improves customer experience for project managers and GBCA members (19 January 2021). More...
La Trobe sports stadium scores top sustainability ratings
The sports stadium built as part of La Trobe University’s Sports Park development, has been awarded Australia’s first ‘6 Star Green Star Design and As Built v1.2 certified rating’ for a sports building by the Green Building Council Australia (20 January 2021). More...
Developers prep for Melbourne’s newest suburb Pakenham East
The three developers will soon be able to submit applications following approval of the precinct structure plan and infrastructure contributions plans. Pakenham East is one of six major greenfield development sites fast-tracked by the Victorian Planning Authority in response to the pandemic (20 January 2021). More...
Recycling boom spells jobs for Victoria
The Morrison and Andrews Governments are turbo-charging Victoria’s recycling infrastructure, with a major investment that will double the state’s domestic glass recycling capacity, increase its plastic recycling by 40 per cent and create 350 jobs (18 January 2021). More...
Victoria funds $9m solvent recycling plant
The Dandenong recycling facility will be capable of processing up to 9,600 tonnes of hazardous solvent waste.
The Victorian government has invested more than $1 million to help fund a hazardous liquid waste recycling plant which it says will be the biggest of its kind in the state (14 January 2021). More...
Flood-prone towns still at risk 10 years on from disaster
Flood-prone communities in central Victoria say inaction and mismanagement from local authorities has left them without protection from the next disaster (14 January 2021). More...
Planning approval for Western Harbour Tunnel
The Western Harbour Tunnel and Warringah Freeway Upgrade has received planning approval from the NSW Government, in a major step towards delivering the third road crossing of Sydney Harbour (22 January 2021). More...
$4.7 million to boost food and garden waste recycling and research in NSW
The NSW Government is ramping up its support for waste recycling, with more than four million dollars invested to keep household and general waste out of landfill and reduce greenhouse gas emissions (19 January 2021). More...
EPA’s draft Construction Noise Guideline to drive reduced impact on community
New guidelines are being introduced to reduce construction noise impacts on the community and require increased community transparency and consultation prior to projects kicking off (18 January 2021). More...
Crows Nest Over-Station Towers win approval
Concept plans for a three-tower 21-storey development above the Crows Nest metro station have been given approval by New South Wales planning minister Rob Stokes. A revised plan was submitted in September last year, scaling down the heights of the proposed towers (18 January 2021). More...
Work underway to transform Parramatta Road
Work is underway on a series of projects that will breathe new life into Parramatta Road, revitalising the area between Camperdown and Auburn. Minister for Planning and Public Spaces Rob Stokes said the Parramatta Road Urban Amenity Improvement Program would transform the 20 kilometre corridor with new parks, cycleways, plazas and public art (17 January 2021). More...
'Dinosaur tree' declared Asset of Intergenerational Significance
The NSW Government has announced the Wollemi Pines, in the Blue Mountains World Heritage Area, will be the first site in the state to be declared an Asset of Intergenerational Significance (15 January 2021). More...
How 'heat refuges' could help people like Ian escape sweltering days in Western Sydney
Last summer, Western Sydney residents endured 37 days of over 35 degrees Celsius. As the mercury in the region continues to climb, a Sydney council is trying to convince organisations to create "heat refuges" (14 January 2021). More...
Qld Government-led residential developments go 100 per cent solar and battery
Two new Queensland Government-led residential developments in Carseldine and Oxley are leading the nation with 100 per cent solar and battery neighbourhoods, saving homebuyers thousands of dollars in electricity (23 January 2021). More...
Demolition proposal for New Farm cottage heads to court
The potential demolition of a pre-1911 New Farm cottage has gone to court over a dispute on whether the tear-down should be subject to community input or assessed purely against planning codes (22 January 2021). More...
MIRVAC to redevelop Government site at 200 Turbot
The State Government has announced that Mirvac is the successful proponent for the proposed $670 million redevelopment of 200 Turbot Street. The redevelopment of the former UQ Dental School is expected to create 360 new jobs over three years. The project will also open new options to develop nearby Government sites such as 168 Turbot Street. The Property Council will continue to advocate for new approaches to leverage Government owned land as method of creating jobs and growth in 2021. To find out more, please click here (21 January 2021). More...
The Star breaks ground on $400m Broadbeach Tower
The Star Entertainment Group is set to break ground on a 63-storey mixed use residential and hotel tower at its $2 billion master planned site at Broadbeach Island on the Gold Coast (21 January 2021). More...
Build-to-Rent developer sought to transform former court site
Two new affordable housing projects are set to be built in inner Brisbane after the Palaszczuk Government started two more procurement processes under its Build-to-Rent Program (15 January 2021). More...
Regional planning review must protect prime ag land
Many farmers are rightly concerned the RPI Act in its current form does not provide the level of certainty and strength of protection that is needed to ensure remaining areas of good quality agricultural land are protected from inappropriate development (13 January 2021). More...
Announcements, Draft Policies and Plans released 2020
GBCA: Green Star certification 2021 dates for your project
The guidelines (based on typical time frames), specify the deadlines you’ll need to meet in order to have your project certified in time for key milestones (January 2021). More...
ARNECC consultation drafts of Model Participation Rules and Model Operating Rules
The Australian Registrars National Electronic Conveyancing Council feedback on consultation drafts of the Model Operating Requirements and Model Participation Rules Version 6 will be published in February 2021 and take effect in March 2021.
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 Infrastructure Victoria.
Consultation now open – Planning for Melbourne’s Green wedges and agricultural land
DELWP is currently seeking feedback on the options contained in the consultation paper Planning for Melbourne's Green Wedges and Agricultural Land. Comments can be made on various planning reform options that seek to deliver tightened planning controls for Melbourne’s agricultural land and guide decision-making in our green wedge areas. For further information on the project, visit Engage Victoria. Submissions must be lodged by 5 February 2021.
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
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...
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.
Boroondara C305boro applies the Heritage Overlay to the following places on a permanent basis: HO795 to a number of buildings and elements of heritage significance, within defined curtilages, at Methodist Ladies' College, 207 Barkers Rd, Kew; HO915 to Red House, 207 Barkers Rd, Kew (formerly 231 Barkers Road) and HO916 to Wentworth, 207 Barkers Rd, Kew (formerly 876 Glenferrie Road).
Cardinia C234card gives effect to the Pakenham East Precinct Structure Plan (Victorian Planning Authority, July 2020) by rezoning the land Urban Growth Zone Schedule 5 and makes other associated changes.
Cardinia C251card implements the Pakenham East Infrastructure Contributions Plan (Victorian Planning Authority, July 2020) by introducing Clause 45.11 Infrastructure Contributions Overlay and applying it to the Pakenham East Precinct Structure Plan area.
GC178 rezones residential land in the Boroondara and Knox Planning Schemes that were inadvertently omitted from Amendment GC172.
Greater Geelong C419ggee amends the schedule to Clause 72.01 to clarify the scope of the responsible authority roles of the Minister for Planning and Greater Geelong City Council for planning permit applications and approvals within the designated areas of Central Geelong and Moolap-Point Henry.
Indigo C74indi corrects mapping anomalies to ensure appropriate provisions are applied to land in the municipality.
Alpine C55alpi updates local schedules in zones, overlays, particular provisions, general provisions and operational provisions of the Alpine Planning Scheme to remove inconsistencies with the Victoria Planning Provisions as a result of Amendment VC142 and Amendment VC148, and the Ministerial Direction – Form and Content of Planning Schemes.
Baw Baw C131bawb introduces three new schedules to the Design and Development Overlays, (DDO3, DDO10 and DDO11) to implement the urban design directions from the Longwarry Urban Design Framework 2019, Trafalgar Urban Design Framework 2018 and Neerim South Urban Design Framework 2018. The amendment also makes associated changes to the planning scheme maps to apply these schedules to each township area.
Colac Otway C107cola corrects zoning and overlay anomalies affecting the north-eastern portion of the Colac Water Reclamation Plant site at 1-33 Treatment Works Rd, Colac East by rezoning this portion of the site from Farming Zone to Public Use Zone, Schedule 1, and removing an Environmental Significance Overlay, Schedule 6 from this portion of the site.
Glen Eira C201glen applies the Heritage Overlay to the Murrumbeena Village Precinct (HO187), removes the interim Heritage Overlay from 430-434 Neerim Road, Murrumbeena to reflect the new HO187 and amends Clause 72.04 (Incorporated Documents) to include the Statement of Significance for the Murrumbeena Village Precinct.
GC174 facilitates delivery of the Shepparton Line Upgrade project by allowing the use and development of land in the project area for the project in accordance with the Shepparton Line Upgrade Incorporated Document, October 2020.
Latrobe C129latr introduces the Specific Controls Overlay Schedule 5 to land at Fourth Road, Hazelwood North (CA 2047, Parish of Hazelwood) to facilitate the use and development of land for a used lead acid battery recycling facility by applying a Specific Controls Overlay, amending the schedule to Clause 45.12, the schedule to Clause 72.03 and including the associated incorporated document, ‘Fourth Road, Hazelwood North, December 2020’ at the schedule to Clause 72.04.
Melbourne C391melb applies the Specific Controls Overlay to the land at 12 Riverside Quay, Southbank to facilitate development of the land via an incorporated document. The amendment also inserts the document titled “12 Riverside Quay, Southbank, November 2020” as an incorporated document in the Schedule to Clause 72.04 into the Melbourne Planning Scheme.
Moonee Valley C215moon extends the expiry dates of 60 individual heritage places, 18 precincts, nine heritage precinct extensions and one serial listing included in the Schedule to the Heritage Overlay on an interim basis as part of Amendment C201moon, until 30 July 2021.
Moreland C167more amends the mapping of Schedule 2 and 20 to the Design and Development Overlay to correct anomalies in the application of the overlay; amends the mapping of the Parking Overlay; amends the following clauses to insert policy neutral and consolidated reference documents for the Brunswick and Coburg Activity Centres, delete superseded reference documents and to correct errors and apply policy neutral updates: Clause 21.04; Clause 22.0; Clause 37.08 Schedule 1 and Clause 43.02 schedules 18, 19 and 20.
Moreland C200more replaces the Local Planning Policy Framework of the Moreland Planning Scheme with a new Municipal Planning Strategy at Clause 02, local policies within the Planning Policy Framework at Clauses 11-19 and amends a number of schedules to overlays and operational provisions consistent with the reforms to the Victoria Planning Provisions introduced by Amendment VC148.
Southern Grampians C57sgra makes corrections to remove inconsistencies and technical errors in local schedules of the Southern Grampians Planning Scheme to ensure compliance with the Victoria Planning Provisions and the Ministerial Direction on the Form and Content of Planning Schemes as part of the Smart Planning Program administered by the Department of Environment, Land, Water and Planning.
Wangaratta C84wang alters the planning scheme maps and the Schedule to the Heritage Overlay so that the Wangaratta Planning Scheme is consistent with the Victorian Heritage Register.
Maroondah C137maro proposes to introduce a Local Planning Policy into the Maroondah Planning Scheme to provide policy guidance for Environmentally Sustainable Development.
Mildura C112mild proposes minor Changes to DCP01, DCP02 & DCP03.
Northern Grampians C60ngra proposes to apply the Floodway Overlay and Land Subject to Inundation Overlay on land which is subject to flooding in a 1 in 100 year flood event. Update Clause 21.03 and includes the flood study as a Reference Document within the Northern Grampians Shire Planning Scheme.
Whittlesea C245wsea proposes to apply the Heritage Overlay to land at 90 Bindts Road, Wollert (HO204) on a permanent basis and amends the Heritage Overlay to include the Statement of Significance for 100 Bindts Road, Wollert (HO161).
Greater Bendigo C268gben proposes to apply a new permanent individual Heritage Overlay (HO936) to part of the property at 5-7 Shakespeare Street, Spring Gully.
Cardinia C234card Section 34 Report Implementation of the Pakenham East Infrastructure Contributions Plan.
Glen Eira C190glen Apply the Heritage Overlay to 15 places, 9 precincts and 1 precinct extension in Bentleigh and Carnegie.
Melton C198melt Apply the Heritage Overlay (HO129 - HO137) to implement the findings of the City of Melton Heritage assessments Project 2018.
Mitchell C145mith Introduction of the Beveridge Central Infrastructure Contributions Plan April 2020.
EPA draft Construction Noise Guideline to drive reduced impact on community
The NSW Environment Protection Authority (EPA) has published a draft Construction Noise Guideline for public consultation that improves and modernises the current Interim Construction Noise Guideline. When finalised, the Construction Noise Guideline is intended to replace the Interim Guidelines. Have your say here (18 January 2021).
NSW revenue: Land tax build to rent
The NSW Government is introducing a land tax discount for new build-to-rent housing projects until 2040 and a new Housing Diversity SEPP to provide more housing options, greater surety for renters, boost construction and support jobs during the COVID-19 recovery.
NSW revenue: Extension to HomeBuilder grant
On 29 November 2020 the Australian Government announced an extension to the HomeBuilder program until 31 March 2021. More...
NSW revenue reminder: COVID-19 (coronavirus) and parking space levy
Consistent with our existing policy, you can elect to pay your 2020-21 levy in full on 30 September 2020 or by equal quarterly instalments on 30 September 2020, 1 December 2020, 1 March 2021 and 1 June 2021. More...
Have your say on changes to how building design and construction is regulated in NSW
The development of supporting regulations is the next step on delivering on this piece of the Government’s building reform agenda, with the scheme commencing on 1 July 2021. The Design and Building Practitioners Regulation commences on this date. More...
NSW Land and Environment Court
Fitted face coverings (masks) for users of the Land and Environment Court
8 January 2021 - The Public Health (COVID-19 Mandatory Face Coverings) Order 2021 has mandated the use of face masks in certain situations. More...
Strata statutory review: Consultation now open
The Government has commenced a wide-ranging review of the laws affecting strata schemes under the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015.
Public consultation is now open and will close on 7 March 2021. Please visit the Have your say - strata statutory review website to access the Strata Discussion Paper and for surveys on management and development issues.
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. More...
NSW Planning Department: Have your say - draft plans and policies
Rapid assessment framework
The department is working to ensure that State significant projects in NSW are supported by better assessment, better coordination and better engagement.
Notification start-end date 14/12/2020 - 12/02/2021. More...
Draft local character clause
The department is exhibiting a draft Local Character Clause which is proposed to be included in the Standard Instrument Local Environmental Plan. The clause will require the council to consider its local character statement when addressing development applications.
Notification start-end date 12/11/2020 - 29/01/2021. More...
Proposed special infrastructure contribution for Western Sydney Aerotropolis
The proposed Special Infrastructure Contribution (SIC) for Western Sydney Aerotropolis is on exhibition until 18 December 2020.
Notification start-end date 10/11/2020 – 26/02/2021. More...
DES Prosecution bulletins 2021
A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions.
Prosecution bulletin no 2/2021
Prosecution bulletin no 1/2021
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 also extend the existing incentives scheme supporting the tourism, health, resources, education, aged care and retirement investment sectors.
The policy will apply to DA’s lodged between 1 January 2021 and 31 December 2021. For more information, please click here.
25 local government areas to receive new land valuations in 2021
Landowners in 25 Queensland local government areas will receive new land valuations in March 2021. More...
Extension or suspension of planning timeframes
The additional time provided through the extension notice applies to PDA development approvals in effect on 21 July 2020 or which come into effect between 21 July 2020 and 31 October 2020. For example, a PDA development approval that would have ordinarily lapsed on 1 August 2020 now won’t lapse until 1 February 2021.
Have your say: Brisbane City Council Green Bridges
Brisbane City Council is seeking feedback on proposed alignments of two new Green Bridges between Toowong and West End and St Lucia and West End. To view the proposed alignment options and provide feedback for the Toowong to West End Green Bridge, please click here. To view the proposed alignment options and provide feedback for the St Lucia to West End Green Bridge, please click here. Consultation for both of the Green Bridges is open until 29 January 2021.
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...
Current processes: Expanded the pilot project 2021
Two new tender processes:
Expressions of Interest are being sought from proponents capable of delivering a Build-to-Rent development with an affordable housing component on the State-owned site of the former Childrens Court, 50 Quay Street. Further information regarding this process is located on the QTender website. Submissions close 9 April 2021.
Expressions of Interest are also being sought from proponents capable of delivering a Build-to-Rent development with an affordable housing component on a privately-owned inner Brisbane site. Further information regarding this process can be found on the QTender website. Submissions close 7 May 2021.
Koch v Mitchell SC  VCAT 48
Section 82 Planning and Environment Act 1987 – Mitchell Planning Scheme – Farming Zone – SEPP N-2, Noise from music festivals – Inaudibility.
Imlach v Kingston CC  VCAT 45
Pursuant to section 127 of the Victorian Civil & Administrative Tribunal Act 1998, the application is amended to:
include Wayne Imlach as an applicant – and seek the amendment of Planning Permit No KP – 2020/268 rather than its cancellation. The application to amend Planning Permit No KP – 2020/268 is refused.
Landfill Operations Pty Ltd v Environment Protection Authority  VCAT 38
Environment Protection Act 1970 s 33(3) – review of condition on works approval; preliminary question about validity of condition – test for validity – whether fairly and reasonably relates to the permission granted – whether real connection between permission granted and limitation placed upon it.
Alvarez v Casey CC  VCAT 35
Casey Planning Scheme – Berwick North Area; three dwellings – proximity of future crossover to established street tree – transitional provisions for subdivision – neighbourhood and landscape character – parking.
Mulkearns v Surf Coast SC  VCAT 33
Surf Coast Planning Scheme – section 77 of the Planning and Environment Act 1987 – new Dwelling – Aireys Inlet – General Residential Zone Schedule 1 – Bushfire Management Overlay Schedule 2 – Neighbourhood Character Overlay NCO1 – Environmental Significance Overlay Schedule 4 ESO4 – Design and Development Overlay Schedule 10 DDO10 – Neighbourhood Character – Reasonable Sharing of Views – impact on amenity of adjoining properties.
Hicks v Cardinia SC  VCAT 30
Section 97P of the Planning and Environment Act 1987 (Vic) – Cardinia Planning Scheme; Rural Conservation Zone – whether there are existing rights to use the land for a second dwelling.
Guardian Early Learning Group Pty Ltd v Boroondara CC  VCAT 27
Application under section 77 of the Planning and Environment Act 1987 – review the refusal to grant a permit – application under section 72(1) of the Planning and Environment Act 1987 to amend the permit – Commercial 2 Zone – Parking Overlay – Schedule 1 – Child care centre – increase number of children in care – increase number of staff – reduction in car parking – amenity.
Planner v East Gippsland SC  VCAT 1
Section 79 Planning and Environment Act 1987 – East Gippsland Planning Scheme – General Residential Zone – subdivision – neighbourhood character.
Bellong Pty Ltd v Mitchell SC  VCAT 22
Sixty-nine lot residential subdivision, removal of an easement and removal of native vegetation – application under section 79 of the Planning and Environment Act 1987 – to review the failure to grant a permit within the prescribed time.
West v Yarra CC  VCAT 12
Application under s82 of the Planning and Environment Act 1987 – Yarra Planning Scheme – part demolition and construction of additions to an existing single storey dwelling – amenity impacts – response to heritage.
Williamson v Northern Beaches Council  NSWLEC 1038
DEVELOPMENT APPLICATION – boarding house –size of development – compatibility with character of local area – amenity impacts for neighbours –objections – public interest.
Prismena Properties Pty Ltd v Woollahra Municipal Council  NSWLEC 1034
DEVELOPMENT APPLICATION – residential flat building – development standard contravention – minimum lot size for residential flat buildings – desired future character – bulk and scale – amenity impacts.
Force Way Group Pty Ltd v City of Parramatta Council  NSWLEC 1024
DEVELOPMENT APPLICATION – childcare centre – compliance of the development with childcare regulations – whether the acoustic impact of the development is reasonable – constraints of the proposed plan of management – sufficiency of indoor and outdoor unencumbered play space – amenity of outdoor play areas – suitability of the site for the development.
Trinity Investments Australia Pty Ltd v Inner West Council  NSWLEC 1033
DEVELOPMENT APPLICATION – attached dwellings – Torrens title subdivision – whether the subdivision is consistent with existing subdivision pattern – streetscape and design – built form and character.
Bowral Garage Development Pty Ltd v Wingecarribee Shire Council  NSWLEC 1032
APPEAL – development application – adequacy of onsite parking – whether parking credit should apply – no parking provided for café use – availability of on-street parking – adequacy of carpark design.
Southern Cross Care (NSW & ACT) Limited v Campbelltown City Council  NSWLEC 1031
DEVELOPMENT APPLICATION – seniors housing – residential aged care facility – heritage conservation – compatibility – zone interface.
Georges v Georges River Council  NSWLEC 1028
DEVELOPMENT APPLICATION – residential flat building.
Platform Architects Pty Ltd v Northern Beaches Council  NSWLEC 185
ENVIRONMENT AND PLANNING – development application – boarding house – appeal against refusal of application – whether development is a dwelling – housing density standard – low intensity, low impact use development – development application is consistent with desired future character statement – variations to standards approved subject to conditions.
Iontaobhas Pty Ltd v Hawkesbury City Council  NSWLEC 1015
DEVELOPMENT APPLICATION – subdivision – impact on wetlands – endangered ecological communities.
Kaplan v Waverley Council  NSWLEC 1013
DEVELOPMENT APPLICATION – secondary dwelling – DCP compliance.
Hassib v Cumberland Council  NSWLEC 1012
APPEAL – development application – place of public worship – headlight glare – whether there is an acoustic impact – adequacy of assessment of calculated noise levels – assessment does not incorporate certain factors – whether the residents will be exposed to unreasonable noise.
Provident Homes Pty Ltd v Bayside Council  NSWLEC 1011
DEVELOPMENT APPLICATION – boarding house – initial development in precinct up-zoned from low density to high density residential – design excellence – relationship with public reserve – street activation – relationship with adjacent site and its future development prospects.
Regulations and other miscellaneous instruments
Heritage Amendment (Applications) Regulation 2021 (2021-3) – published LW 22 January 2021.
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.