Artboard 1Icons/Ionic/Social/social-pinterest

Inside track: Local Government

20 April 2020

#Local Government

Published by:

Andrew Magoffin

Inside track: Local Government

Review of s7.11 local infrastructure plans

The Department of Planning, Infrastructure and Environment (Department) is looking to improve the review processes of s7.11 local infrastructure plans (Plans) as part of a suite of proposed changes to the infrastructure contributions system in NSW which include a:

In this article, we take a look at the proposed efficiency reforms to the review process for section 7.11 contributions plans under the Improving the review of local infrastructure contributions plans - discussion paper (Discussion Paper).

Currently, higher-rate local infrastructure contributions plans are independently reviewed to ensure that the rates under those plans are reasonable. The current process involves multiple steps undertaken by council, IPART, the Department and the Minister for Planning.

The Department has identified ways to improve the review process of local infrastructure contributions plans to make it more efficient, while maintaining its important function. Currently in preparing a contributions plan, all councils (whether or not they are required to go through the review process) must publicly exhibit a contributions plan for a minimum period of 28 days and must consider any submissions received.

The Department is looking to simplify the process for councils so that they would not have to undertake a review of their Plans as regularly. The Department is therefore looking for feedback on the proposed changes set out below.

Increase value thresholds per lot or dwelling

The first proposal in the Discussion Paper is to increase the value thresholds that trigger the review process. These thresholds do not represent a maximum cap on the s7.11 contributions. Rather they would act as thresholds that would trigger the review process.

There are three options proposed in this regard:

  • option 1 – index the existing $20,000 and $30,000 per lot or dwelling thresholds by the ABS Consumer Price Index - All Groups Sydney from June 2010 to the latest available quarter. This option is widely adopted by many councils, but does not fully reflect the actual increase in infrastructure delivery and land costs as it based upon increases in prices of general household expenditure
  • option 2 – increase the thresholds to $35,000 per lot or dwelling and $45,000 per lot or dwelling in greenfield (urban release areas). This is more in line with increasing infrastructure delivery costs and land costs associated with building local infrastructure since 2010. This option is also consistent with the levels of development contributions in transitional areas as prescribed in the EP&A (Local Infrastructure Contributions) Amendment Direction 2017 applicable on 30 June 2020. This will provide certainty and continuity for the development industry in these transitional areas
  • option 3 implement one single threshold of $45,000 for all IPART reviewed contributions plans. This would remove the existing split between greenfield (urban release areas) and all other areas with the additional benefit of removing the administrative requirements associated with including areas in the list of urban release areas in Schedule 2 of the EP&A (Local Infrastructure Contributions) Direction 2012 (initially issued in 2012, and amended by further 2013, 2016, 2017 and 2019 Ministerial Directions) (Ministerial Direction). It is suggested that a single threshold of $45,000 per lot or dwelling could be applied and any council that proposed to levy above this amount would first need to have their plan reviewed by IPART. This option would remove Schedule 2 of the Ministerial Direction and the Ministerial Direction would be updated to clarify that one single threshold applies across NSW.

Index the value thresholds per CPI

The second proposal in the Discussion Paper is to implement an indexation mechanism for thresholds triggering the review process based upon the Consumer Price Index (CPI).

The Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) already allows councils to make annual or quarterly amendments to existing s7.11 contributions plans to reflect variations to index figures adopted by the plan.

The EP&A Regulation includes the CPI as a common index for this purpose. Since the CPI is a well-understood and widely used index, the Department proposes to implement an annual adjustment of the thresholds, using the CPI published figures for the March quarter. A similar methodology is already used to reflect annual variations to Special Infrastructure Contributions. A common methodology provides consistency within the system and simplicity to ensure the adjustment is well-understood.

The proposed increase in the thresholds will mean that contributions plans below the threshold will not be required to go through the review process and will not be limited to the essential works list. They will, however, still need to reflect reasonable costs of providing necessary local infrastructure to support development, be exhibited and be in line with statutory requirements and practice notes.

Feedback can be provided on the Discussion Paper until 12 June 2020.

If you have any questions about how these changes may impact your current Plans, please contact us for discussion.

Authors: Breellen Warry & Blake Dyer

In the media

Funding relief option for council childcare centres
Council-run childcare or early education centres ineligible for JobKeeper payments may be eligible for exceptional circumstances supplementary payments under the federal government’s Early Childhood Education and Care Relief package (09 April 2020).  More...

Home Affairs to take citizenship ceremonies online
The Department of Home Affairs will begin conducting online citizenship ceremonies in place of the traditional ceremonies that have been impacted by Covid-19 health and social distancing restrictions (09 April 2020).  More...

45,000 council jobs in the balance as local government sidelined
Councils say they have been left in the cold as the federal government announces a raft of coronavirus stimulus and support measures designed to keep the economy afloat (05 April 2020).  More...

UDIA National’s plan to help industry recover
UDIA National has released ‘Helping Australia Bounce Back’ – an advocacy document that details six strategic steps governments can take now to stimulate housing and construction, and how they fit in the context of our larger policy goals (02 April 2020).  More...

Victoria

Councils granted extra time to resolve budgets
Local Government Minister Adem Somyurek has announced an extended deadline for 2020/21 Council budgets until 31 August and for annual reports to 30 November. Councils continue to be required to give public notice and hear public submissions before adopting budgets or submitting an annual report (09 April 2020).  More...

Working to protect local jobs and local communities
The Minister for Local Government Adem Somyurek wrote to Victorian councils advising they must continue to provide critical community functions. Councils have also been invited to partner with the Labor Government’s $500 million Working for Victoria Fund to help people who have lost their jobs and ensure local services continue to be delivered (06 April 2020).  More...

Protecting land for jobs and business in cranbourne
The Andrews Labor Government has rejected a Casey Council application to rezone industrial land in Cranbourne West – ensuring the land remains available for local jobs. Casey Council was seeking to rezone 133 hectares of land in Cranbourne West from industrial to residential under planning amendment C219 (06 April 2020).  More...

Construction hours extended in response to COVID-19
The City of Melbourne will temporarily adjust the management of construction activity in certain cases in the municipality in a bid to fast-track construction projects, save jobs and help limit the economic impact of COVID-19 (02 April 2020).  More...

Face-to-face rule means many local council meetings can't proceed during pandemic
 Community leaders worry local democracy is being compromised as many ordinary local council meetings across Victoria have been unable to go ahead due to the COVID-19 pandemic (01 April 2020).  More...

Queensland

LGAQ: The show must go on
Councils across Queensland are keeping on keeping on amid the ongoing COVID-19 pandemic and continue to deliver essential services (09 April 2020).  More...

International Subsea Cable a ‘Game Changer’ for Maroochydore CBD
Queensland’s Sunshine Coast will soon have access to the fastest data connection to Asia from the eastern seaboard with the completion of the international subsea cable by mid year (08 April 2020).  More...

Have your say on the Oxley Priority Development Area master plan
With the development application lodged for the Oxley Priority Development Area (PDA), the master plan and stage one residential works are now open for public review and comment (08 April 2020).  More...

Travel to Minjerribah (North Stradbroke Island), Moorgumpin (Moreton Island) and K’gari (Fraser Island) restricted
People are now banned from travelling to Minjerribah (North Stradbroke Island), Moorgumpin (Moreton Island) and K’gari (Fraser Island) unless they live there, or work there, or are travelling for other permitted purposes (08 April 2020).  More...

New Woolloongabba PDA drives Cross River Rail delivery
A new priority development area (PDA) has been declared in Woolloongabba to support construction of the next inner-city train station for the Palaszczuk Government’s Cross River Rail project (04 April 2020).  More...

Gold Coast Mayor reaffirms commitment to cruise ship terminal as coronavirus cripples leisure industry
Tom Tate reaffirms his commitment to building a cruise ship terminal on the Gold Coast, as new opposition emerges within council on the back of coronavirus (02 April 2020).  More...

Advisor appointed to support new Ipswich City Council
The incoming Ipswich City Council will have the support of a Palaszczuk Government-appointed advisor for its first year of operations (31 March 2020).  More...

Camping, fossicking out statewide
Fossicking has joined camping as another activity that needs to stop to support social distancing during the COVID-19 emergency (30 March 2020).  More...

They've got one job': Queensland Premier 'disappointed' as technical issues plague local government elections
With only a small percentage of the votes counted and no clear results in Queensland's local government and by-elections, concerns have also been raised about the low voter turnout with suggestions up to 800,000 may not have voted (29 March 2020).  More...

In practice and courts

Regional aviation consultation - Policy statement issues paper
The Australian Government is seeking feedback from councils in response to its Regional Aviation Issues Paper, to better understand the roles of different tiers of government and industry in regional aviation and to develop better coordination and efficiencies in the provision of services and infrastructure. Submissions can be made via email until 17 April 2020.

Roads and bridges grants open - Councils encouraged to apply
Applications are open for the latest rounds of the Australian Government's Bridges Renewal Program Round 5 and the Heavy Vehicle Safety and Productivity Program Round 7. A combined $300 million is available to councils for the upgrade or replacement of damaged or deteriorated bridges and heavy vehicle infrastructure improvements. Applications for both programs will close 29 May 2020.

ALGA: 2020 Resilient Awards open
Local Governments are invited to apply for the 2020 Resilient Australia Awards, before entries close on 18 May. The awards recognise outstanding contributions in six categories: community, business, local government, government, school and photography.  More...

Administration of financial disclosure requirements under the Commonwealth Electoral Act
The objective of this audit is to examine the effectiveness of the Australian Electoral Commission’s (AEC's) management of financial disclosures required under Part XX of the Commonwealth Electoral Act 1918, including the extent to which the AEC is achieving accurate and complete financial disclosures. Due to table: June, 2020 Open for contribution.  More...

Commonwealth Department of Communications and the Arts: Telecommunications in new developments review
In light of recent and upcoming changes in the provision of telecommunications in new developments, the Department is undertaking a review of the Telecommunications in New Developments (TIND) Policy, and has released a discussion paper Review of the 2015 TIND Policy, The Department is aiming to complete the review of the 2015 TIND Policy and make any necessary changes before 1 July 2020. 

Victoria

Melbourne Industrial and Commercial Land Use Plan
The draft Melbourne Industrial and Commercial Land Use Plan was made available for public comment and feedback for a two-month period in late 2019.. The Melbourne Industrial and Commercial Land Use Plan Department has now been finalised and released. A Summary of Submissions report is also available (09 April 2020).  More...

Local Government Bill
The Victorian Parliament passed the Local Government Bill 2019 on 17 March which affects all 79 councils in Victoria. The Local Government Act 2020 received royal assent on 24 March 2020 and will commence in four stages.  More...

Coastcare Community Grants now open
Grants up to $30,000 are available for eligible projects to conserve, restore and rehabilitate Victoria’s coastal and marine environments. Two streams of funding are available to target ecosystem resilience and climate change. Applications close 7 May 2020.

Significant Sporting Events Program
Councils may apply for grants in this funding program to support the assistance, management or strategic planning of sports events. Applications are open until 30 June 2022 in various rounds.

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
VC181 changes the Victoria Planning Provisions (VPP) and all planning schemes by replacing Clause 52.18 [No content] with a new Clause 52.18 (State of emergency exemption), to facilitate the delivery of food and other essential goods during and following a state of emergency declared in relation to Novel Coronavirus 2019 (2019-nCoV).
VC178 changes the Victoria Planning Provisions (VPP) and all planning schemes by amending Clause 52.13-7 (2009 Bushfire – Recovery Exemptions) to extend the expiry date to 30 June 2020. The Amendment also changes the Victorian Planning Provisions (VPP) and all planning schemes by amending the term ‘stone extraction’ to ‘extractive industry’ and the term 'solar energy facility' to 'solar energy system' to align with the intent of VC160. 

Exhibitions
Hume C243hume proposes to incorporate the final Sunbury South and Lancefield Road Infrastructure Contributions Plan and make the associated amendments to the Hume Planning Scheme.
Mitchell C145mith proposes to introduce the Beveridge Central Infrastructure Contributions Plan by applying the Infrastructure Contributions Overlay (ICO) to land within the Beveridge Central precinct. 
Wyndham C246wynd proposes to apply a Public Acquisition Overlay (PA03) to land at 75 Westmeadows Lane.

Panel
Nillumbik C117nillpt2 Rezone the former Hurstbridge High School site at 44 Graysharps Road, Hurstbridge from Township to Public Park and Recreation. Colac Otway C90cola Implement the findings of the Deans Creek and Barongarook Creek Flood Study (2017).

Queensland

8 April 2020 - Priority development area
On 2 April 2020, the Governor in Council (GIC) approved the Economic Development (Woolloongabba Cross River Rail PDA) Amendment Regulation 2020. The amendment regulation revokes the Woolloongabba Priority Development Area (PDA) and declares the Woolloongabba Cross River Rail (CRR) PDA. The Woolloongabba CRR PDA includes all land that is within the existing Woolloongabba PDA but is larger and includes land east of Main street (the Gabba).  More... 

Oxley Priority Development Area master plan - Submissions
This will feature 80 residential lots, 10 hectares of public open and green space, and a site for retirement and community facilities, as well as supporting the relocation of the Yuingi childcare centre. Submissions close 11 May via email.  More... 

Planning legislation amendment
Urgent amendments to Queensland's planning legislation are now in effect to address concerns raised by a range of stakeholders, including local government and industry, in response to the COVID-19 (08 April 2020).  More...

Annual Statutory Land Valuations 2020
Landowners who believe their valuation was incorrect and can provide supporting information should lodge their objection online or at the address shown at the top of their valuation notice by 5 May 2020.  More...

Brisbane City Council: Draft Central Park Masterplan
The draft plan is now out for public consultation following the release of five creative concepts from architecture and planning firms last year. The Victoria Park concept plan is now open to the public until April 28 on the Brisbane City Council’s website.

Have your say: future of South Bank
The Palaszczuk Government is encouraging people to have their say on the future of the South Bank precinct, with the roll out of public consultation on the master plan. The master plan would build on the precinct’s iconic features, while harnessing new ideas. It is expected the master plan process will be completed by the end of 2020.  More...

Other Consultations

Gold Coast Waterways Management Strategy review
Open until 24 April 2020, Our Waterways, our future – share your views on the protection and management of our beautiful Gold Coast Waterways.  More...

LGAQ: Review of the Strong and Sustainable Resource Communities Act 2017
The Office of the Coordinator-General is leading the review and will be engaging with councils and key stakeholders from the end of January to May 2020.  More...

LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here. Keep an eye on the events page which will be updates as more events are confirmed in the calendar.

Cases

Victoria

Manor Central Nominees Pty Ltd & Anor v Wyndham City Council [2020] VSC 151
Waiver of client legal privilege – whether party acted in a way that is inconsistent with its objection to disclosure pursuant to s 122 of the Evidence Act 2008 (Vic).
By summons, the plaintiffs seek an order that the Wyndham City Council (‘the Council’) make particular discovery of the wholly unredacted Minutes of the Council’s meeting of 8 November 2017.

Nguyen v Maroondah CC [2020] VCAT 459 (7 April 2020)
Section 77 Planning and Environment Act 1987 – Maroondah Planning Scheme – General Residential Zone (Schedule 1) – Significant Landscape Overlay (Schedule 4) – construction of 4 dwellings on a lot – removal of a tree to facilitate development – balance conflicting policy objectives.

Barnes Capital Pty Ltd v Surf Coast SC (No. 1) [2020] VCAT 449
Section 77 of the Planning and Environment Act 1987; Surf Coast Planning Scheme; General Residential Zone; Clause 32.08-4; Commercial 1 Zone; Preliminary hearing; Questions of law; Whether application exempt from mandatory garden area requirement

Morris v Boroondara CC [2020] VCAT 429
Section 80 of the Planning and Environment Act 1987; NRZ3; HO1; Proposal for demolition of existing garage and construction of a new garage; Amendment of permit issued at direction of tribunal; Impacts on heritage significance of place.

Healthscope Operations Pty Ltd v Stonnington CC [2020] VCAT 407
Section 77 Planning and Environment Act 1987; Stonnington Planning Scheme; Activity Centre Zone; General Residential Zone; Hospital and medical centre; Built form; Height; Amenity; Car parking; Traffic.

Bevis St Pty Ltd v Glen Eira CC [2020] VCAT 387
Section 77 Planning and Environment Act 1987; Glen Eira Planning Scheme; General Residential Zone; Housing Diversity Area; Apartment development; Policy; Built form; Amenity.

Sheen v Mornington Peninsula SC [2020] VCAT 436
Retrospective VicSmart application to construct a fence and crossover; Application for review pursuant to section 80 of the Planning and Environment Act 1987 against conditions requiring changes to fence height and design; Mornington Peninsula Planning Scheme; interpretation of section 173 agreement; meaning of ‘frontage’ in the section 173 agreement; definition of ‘frontage’ under the Design and Development Overlay – schedule 22; ‘unless the context otherwise admits’; whether breach of section 173 agreement; questions of law; whether conditions are appropriate and valid; preferred low-density residential character; application of clause 59.05 of the Mornington Planning Scheme 

Aruliah v Knox CC [2020] VCAT 453
Application under section 77 of the Planning and Environment Act 1987; Review the refusal to grant a permit; Knox Planning Scheme; General Residential Zone – Schedule 2 (GRZ2); Clause 22.07; Clause 55; Overshadowing; Landscaping, Energy Efficiency. No permit .

Shadbolt v Greater Bendigo CC [2020] VCAT 450
Section 77 of the Planning and Environment Act 1987; Greater Bendigo Planning Scheme; General Residential Zone; Heritage Overlay; Second dwelling on a lot; Subdivision into two lots; Neighbourhood character; Heritage Design Guidelines; ResCode. No permit

Asten v Boroondara CC [2020] VCAT 446
Section 77 of the Planning and Environment Act 1987. Boroondara Planning Scheme. General Residential Zone. Two side-by-side double storey dwellings. Neighbourhood character

Lt Corporation Pty Ltd v Bass Coast SC [2020] VCAT 442
Section 79 of the Planning and Environment Act 1987; Bass Coast Planning Scheme; Mixed Use Zone; Vegetation Protection Overlay VPO2; Intensity of Development; Coastal Village Character; Rhyll; Tree Retention; Landscape Response; Loss of Mature Trees; Parking; Traffic.

Frankston Dandenong Road Pty Ltd v Frankston CC [2020] VCAT 301
Section 77 of the Planning and Environment Act 1987. Frankston Planning Scheme; Rural Conservation Zone: Poultry farm – changed use from internal pullet raising to egg production with open range application; Agriculture (Poultry farming). Existing use; Vegetation management; Stormwater quality and management; Odour.

MLP Developments Pty Ltd v Boroondara CC [2020] VCAT 437
Section 77 of the Planning and Environment Act 1987; Boroondara Planning Scheme; Residential Growth Zone Schedule 1; Heritage Overlay 668; Extension to existing heritage dwelling and construction of two additional dwellings; planning policy; heritage; neighbourhood character; amenity impacts.

Dzine Constructions Group Pty Ltd v Greater Geelong CC [2020] VCAT 419
Section 79 of the Planning and Environment Act 1987; Application to Reimburse Filing and Hearing Fees; Application Refused. 

Anastasopoulos v Kingston CC [2020] VCAT 435
Kingston Planning Scheme; Commercial Zone Schedule 1; Neighbourhood Activity Centre; Height; Massing; Visual bulk; Overlooking; Overshadowing; Traffic and car parking.

Heffernman v Mornington Peninsula SC [2020] VCAT 427
Section 77 of the Planning & Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone Schedule 1; Design and Development Overlay Schedule 1; Vegetation Protection Overlay Schedule 1; Construction of two Side by Side dwellings and subdivision of land into two lots; Planning Policy; Neighbourhood Character; Impacts on Neighbouring vegetation

Grebe Investments Pty Ltd v Bass Coast SC (Red Dot) [2019] VCAT 445
Whether the Tribunal may remit a matter for re-consideration by the decision-maker if the Tribunal does not have jurisdiction to determine the matter; interpretation or application of statutory provision; Section 51(2) of the Victorian Civil and Administrative Tribunal Act 1998

Koletas v Mornington Peninsula SC [2019] VCAT 498
Section 77 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone abutting Road Zone Category 1; proposed two double storey side-by-side dwellings; resign response to policy and neighbourhood character.

Eryurek v Mornington Peninsula SC [2019] VCAT 485
Section 77 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme, General Residential Zone (GRZ1); three double storey tandem dwellings; policy context and neighbourhood character

Filipovski v Melton CC [2019] VCAT 484
Section 77 of the Planning and Environment Act 1987; Melton Planning Scheme, General Residential Zone; Proposed four double storey dwellings on a corner lot; design response to neighbourhood character. No permit

Miller v Yarra CC [2019] VCAT 2019
Application under Section 82 of the Planning and Environment Act 1987 (the Act) to review a decision to amend a permit. To use the land for a medical centre with a restricted recreation component (yoga and meditation classes and related information sessions) 

Rodrigues v Frankston CC [2019] VCAT 489
Application under Section 82 of the Planning and Environment Act 1987 to review a notice of decision to grant a permit; General Residential Zone; Design and Development Overlay Schedule 6; Land Subject to Inundation Overlay; three triple storey dwellings and three lot subdivision; visual amenity; built form bulk and scale; overlooking and interface to Kananook Creek

Smartex Pty Ltd v Moreland CC [2019] VCAT 487
Section 77 of the Planning & Environment Act 1987; Moreland Planning Scheme; Medium density housing - Neighbourhood character (NRZ1, Clause 22.01). No permit

Fogliaro v Mornington Peninsula SC [2019] VCAT 475
Section 77 of the Planning and Environment Act 1987, side-by-side development, neighbourhood character - Construction of two, two storey dwellings in the General Residential Zone – Schedule 1

Cook v Mornington Peninsula SC [2019] VCAT 460
Section 114 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; Alleged Breach of Permit Condition Relating to Window Screening Treatment; Enforcement Order Made

Stankovic v Moreland CC [2019] VCAT 458
Section 77 Planning and Environment Act 1987, Moreland Planning Scheme; General Residential Zone Schedule 1; Building scale in the rear yard; Neighbourhood Character; Car Parking.

Manderson v Yarra CC [2019] VCAT 455
Section 82 of the Planning and Environment Act 1987. Yarra Planning Scheme. Child care centre. Hours of operation. Traffic and pedestrian safety

Visic v Monash CC [2019] VCAT 470
Section 80 of the Planning & Environment Act 1987; Monash Planning Scheme; Two dwellings: Off-site amenity impacts (visual bulk); GRZ7; Cls. 22.01, 22.14 & 55

Vancea v Boroondara CC [2019] VCAT 469
Section 77 of the Planning and Environment Act 1987; Boroondara Planning Scheme; Neighbourhood Residential Zone; two double storey attached dwellings on a corner lot of 495 sq m; design response to design policy and context of site. No permit 

Razeek v Wyndham CC [2019] VCAT 466
Section 82 Planning and Environment Act 1987 – General Residential Zone Schedule 1 – Special Building Overlay - Medical Centre – traffic impact on surrounding residential area

Cox v Hobsons Bay CC [2019] VCAT 463
Section 80 of the Planning and Environment Act 1987; Hobsons Bay Planning Scheme, General Residential Zone; permits issued for three double storey attached dwellings; multiple conditions contested; whether these conditions are justified.

Total Outdoor Media Pty Ltd v Campaspe SC [2019] VCAT 459
Section 77 Planning and Environment Act 1987; Campaspe Planning Scheme; Commercial 2 Zone, Design and Development Overlay- Schedule 3; Floodlit Major Promotion Sign; Campaspe Entrances Strategy. No permit

Young v Surf Coast SC [2019] VCAT 457\NO. 15/0309
Section 81(1) Planning and Environment Act 1987 – extension of time for commencement of permit- Surf Coast Planning Scheme – subdivision of three lots by realigning boundaries resulting in three lots – introduction of Environmental Significance Overlay since permit first granted.

Ellinger v Greater Geelong CC [2019] VCAT 418
Application under s.82 of the Planning and Environment Act 1987; Telecommunications Facility; Farming Zone; Visual and amenity impacts; Proximity to and effects on Ramsar wetlands; Impacts upon future use and development of surrounding land.

Longevity Group Australia Ltd v Banyule CC [2019] VCAT 395
Section 79 Planning and Environment Act 1987; Banyule Planning Scheme; General Residential Zone; Vegetation Protection Overlay; Dwellings; Repeat appeal; Neighbourhood character; Amenity; Landscape http://www.austlii.edu.au/au/cases/vic/VCAT/2019/395.html

Rodrigues v Maribyrnong CC [2019] VCAT 412
Section 77 of the Planning and Environment Act 1987; Maribyrnong Planning Scheme; Activity Centre Zone; Dwellings; Neighbourhood character; Amenity; Flooding. No permit

Pringle v Boroondara CC [2019] VCAT 464
Application under Section 77 of the Planning and Environment Act 1987 (the Act) to review a decision to refuse a permit. Construct a vehicle cross over and associated landscaping, partial demolition of a fence and construction of a fence in a Heritage Overlay

Lombardi v Monash CC [2019] VCAT 456
Monash Planning Scheme; General Residential Zone; three-storey apartment building; main road location; preferred neighbourhood character; amenity; car parking.

Dromana Beach Pty Ltd v Mornington Peninsula SC [2019] VCAT 453
Mornington Peninsula Planning Scheme; repeat appeal principles; neighbourhood character outcomes from a three storey apartment building; development in a foreshore environment; impact on views in a coastal location; Environmental Significance Overlay 25. 

Peixoto v Surf Coast SC [2019] VCAT 451
Surf Coast Planning Scheme; Special Use Zone Schedule 5 – Tourist Uses; mixed use building with Shop and Food and Drink Premises at ground level and two levels of apartments above; preferred neighbourhood character; internal and external amenity impacts; car parking; construction of rear lane

2 Wattle JV Pty Ltd v Glen Eira CC [2019] VCAT 396
Section 77 of the Planning and Environment Act 1987, Glen Eira planning scheme, Housing Diversity Area, Three storey building, Overshadowing of public space, Visual bulk, Neighbourhood Character.

Queensland

Reihana v Beenleigh Show Society & Ors [2020] QSC 55
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the applicant seeks judicial review of a decision of an adjudicator of the Queensland Civil and Administrative Tribunal – where the applicant failed to attend a Queensland Civil and Administrative Tribunal Appeal Hearing – where the adjudicator refused the applicant’s application for an adjournment and application for leave to appeal in the applicant’s absence – where the application to review the adjudicator’s decision was out of time - where the applicant seeks an extension of time to review the decisions of the adjudicator – where the applicant was afforded the opportunity to present an argument at the hearing and was not denied procedural fairness – where the applicant alleges the adjudicator’s decision breached natural justice – where the applicant alleges the adjudicator’s decision was infected with bias - where s 156 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) precludes the application of the Judicial Review Act 1991 (Qld) to decisions of the Queensland Civil and Administrative Tribunal unless there is jurisdictional error
Logan City Council compulsorily acquired the caravan parkland and in September 2012, all residents were requested to move. The applicant refused.

Legislation

Queensland

Subordinate legislation as made – 02 April 2020
No 44 Disaster Management (Local Disaster Management Group Interim Chairperson) Amendment Regulation 2020
No 45 Economic Development (Woolloongabba Cross River Rail PDA) Amendment Regulation 2020
Amendment of sch 1 (Priority development areas); Amendment of sch 2 (Expiry of interim land use plans)

Subordinate legislation as made – reminder
No 228 Proclamation—Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 (commencing remaining provisions)
This Proclamation fixes the following dates for the commencement of a number of remaining provisions: 30 March 2020. To improve transparency and public accountability of local government elections in line with State and Commonwealth electoral and governance frameworks 

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.

Published by:

Andrew Magoffin

Share this