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Inside track: Planning, Environment & Sustainability

20 March 2019

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

New portal to match for large scale renewables is already pumping
A new online portal has been launched for organisations looking to buy large-scale off-site wind, solar electricity and battery storage. Developers can also use the portal to showcase renewable energy projects to potential buyers, communicate with them, and collect information on their interest (07 March 2019).  More... 

Waste-to-energy project will deliver reliable power and reduce emissions
Avertas Energy's project, supported by a $23 million grant and up to $90 million on debt finance from the Morrison Government, will create new jobs and has the potential to power up to 50,000 homes. Minister for the Environment Melissa Price said the project would divert waste from landfill and reduce greenhouse gas emissions (07 March 2019).  More...  

Lacrosse fire ruling sends shudders through building industry consultants and governments
VCAT Judge Ted Woodward has ordered the owners be immediately paid AU$5.7 million in damages. The judge also indicated that the owners would receive most of the balance of their A$12.7 million claim – including nearly AU$6 million in calculated costs of compliance with building codes (05 March 2019).  More...  

PIA: Finding balance in the density debate
Built-up communities are more vibrant, inclusive and efficient than their sprawling and car-dependent counterparts – while continued greenfield development, it’s generally agreed, is becoming increasingly economically and environmentally unsustainable (27 February 2019).  More... 


Strengthening diversity In Victoria’s water management
Applications are now open for positions on the boards of Victoria’s 19 water corporations and 10 catchment management authorities. Catchment management authorities are responsible for the integrated planning and coordination of land, water and biodiversity management in each catchment and land protection regions (07 March 2019).  More...  

Streams of sediment, turbid water across busy Melbourne street sees construction firm fined
A construction firm has been fined more than $8,000 for sending streams of sediment, turbid water and a haze of excavation dust along a busy Melbourne street (01 March 2019).  More... 

Why Metro Tunnel won’t fix Melbourne congestion
Expensive road and rail projects serving the CBD will not solve Melbourne’s congestion problems, says a top planner (28 February 2019).  More... 

Fire engineer, architect and surveyor wear $5.7m of damages from flammable cladding blaze
Apartment owners at Melbourne's Lacrosse tower in Docklands win millions in damages after a fire fuelled by flammable cladding caused significant damage to the building in November 2014 (28 February 2019).  More... 


Planning approval projections for Sydney are out of date
The Department of Planning and Environment’s projected housing approval numbers are out of date and do not reflect the current downturn says the Urban Taskforce. The NSW Planning Department posts important data on its website about housing completions, approvals and projections across NSW and Greater Sydney (08 March 2019).  More... 

Stadium demolition under way as court lifts ban
The controversial demolition of Allianz Stadium will move ahead after Land and Environment Court justice Nicola Pain dismissed an application to extend an injunction banning heavy demolition works (08 March 2019).  More... 

A new national park for NSW
Premier Gladys Berejiklian has announced a new national park for NSW - providing another significant boost for the State's koala population - along with a major new package that will improve access to existing national parks (04 March 2019).  More... 

Review into NSW Water Reform Action Plan gives positive report
A cornerstone achievement of the Action Plan is the commencement of a robust new metering framework that applies across the State, to implement the “no meter no pump” policy (28 March 2019).  More... 

Liverpool, the surprise star of Australia's future-city planning
We need to learn a key international lesson: no smart cities without smart governance. Newcastle is one and, within Sydney, there is Liverpool, where the city council is leading Australia in its thinking and action to make its CBD a centre of urban and transport innovation (25 February 2019).  More... 


The bold plan to build one of the world's biggest parks at the Spit
The multimillion-dollar ocean park would include a super yacht marina, underwater sculpture garden, dive site and "selfie tower" to capture the Gold Coast skyline. See a copy of the Spit Draft Master Plan March 2019 here and the government statement here (11 March 2019).  More... 

Palaszczuk Government helps protect local heritage places in Brisbane
The Palaszczuk Government will give the Brisbane City Council new powers to issue repair and maintenance notices to protect local heritage-listed places from becoming dilapidated (06 March 2019).  More... 

Government issues third Stop Order on Broadway Hotel
The Palaszczuk Government has issued another Stop Order on the Broadway Hotel to protect the important heritage building from demolition (05 March 2019).  More...  

Queensland land values are on their way up
The latest 2019 Property Market Movement Report shows land values are on their way up (04 March 2019).  More...  

Brisbane City Council granted local heritage protection powers
The Queensland Government has issued Brisbane City Council with increased powers to protect local heritage-listed places. Regulation is expected to be passed in late March, which will allow Brisbane City Council to issue essential repair and maintenance notices on local heritage places that are not listed on the State heritage register (28 February 2019).  More...  

Boutique apartment developments key in Brisbane market
Despite conservative developer activity in the apartment market, property research consultancy Urbis says many Brisbane developers are buoyed by levels of sales absorption, low vacancy rates and Brisbane’s solid growth drivers (28 February 2019).  More...  

Brisbane City Council ban on townhouses and apartments no way to tackle city’s biggest problem: Urban sprawl
Brisbane City Council is on a crusade to “protect the Brisbane backyard”. In those terms, the council’s bipartisan push to ban townhouses (26 February 2019).  More... 

Developer lodges application for Kangaroo Point Tower
Brisbane-based developer Peter Yang has submitted a development application for 68 apartments in inner-city Kangaroo Point (26 February 2019).  More... 


Climate solutions package
Government of Australia: 25 February 2019
The Climate Solutions Package is a fully costed $3.5 billion package to deliver on Australia’s 2030 climate commitments.  More...  

In practice and courts


Amendments made to the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015
On 6 March 2019, amendments to the  National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 (the Safeguard Rule) came into effect. These amendments apply from the 2018-19 safeguard compliance period, onwards. Tools and resources reflecting the amendments, including updated web content, application forms and guidance documents, will be made available on the website shortly (07 March 2019).  More... 

Announcements, Draft Policies and Plans released 2019


ATS News
The migration of planning schemes into ATS continues to be rolled out by DELWP. By the end of February, 36 of the 82 Victorian planning schemes will have been migrated. The first metropolitan planning schemes are proposed to be migrated in April 2019. Once migrated, all new and current amendments must be drafted using ATS instead of MS Word. DELWP is providing training to key users from each planning authority before migration. More information on ATS authoring, a rollout plan and training videos can be accessed here (28 February 2019). 

Have your say on the Northern Victoria Resource Plan
Following the completion of the Wimmera-Mallee Water Resource Plan, communities in Northern Victoria can now have their say on how Victoria intends to manage water from the basin for farming, irrigation and the environment. Submissions close on 01 March 2019.  More... 

City of Melbourne: Proposed lease
Notice is given pursuant to sections 190 and 223 of the Local Government Act 1989 (Act) that the Melbourne City Council (Council) proposes to enter into a lease with Fawkner Park Children’s Centre Co-operative Ltd over the child care centre at 65 Toorak Road West South Yarra for the purpose of a child care centre (‘Proposal’) Submissions were due before Thursday 7 March 2019.  More... 

DELWP Affordable Housing seminars: No. 4 Learnings to date from the VPA, negotiating Affordable Housing agreements
On Thursday 21 March, Tim Mileham will provide an overview of the learnings to-date from the Victorian Planning Authority as it assists councils in preparing plans and facilitating Affordable Housing agreements in urban renewal precincts. Register here


New dates for Environmental Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans. While most of the changes will commence on 1 March 2018, there will be a number of other changes that will involve further design and consultation from mid to late 2018. 


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. 

Queensland's new waste management and resource recovery strategy
A community summary has been developed to provide simple actions to help Queenslanders reduce their own waste, boost recycling and reduce the impact of rubbish in our natural environment. The draft Waste Management and Resource Recovery Strategy and the Community Summary are open for public submissions which are due by 5 April 2019.  More... 



Bass Straight Views Estate v East Gippsland SC [2019] VCAT 329
East Gippsland Planning Scheme; conditions requiring construction of a public road and footpath due to the grant of a permit for a service centre; not reasonably capable of being required to implement planning policy; not necessary as the result of a grant of a permit.

Golder v Surf Coast SC [2019] VCAT 313
Surf Coast Planning Scheme; reasonable sharing of views; Tourist Accommodation Precinct in Lorne; Design and Development Overlay 4 in Surf Coast Planning Scheme. No permit. 

Gale v Frankston CC [2019] VCAT 62
Frankston Planning Scheme; site set back from main highway and land-locked currently; application for re-subdivision of subject land into two lots and a road and associated permissions and conditions appeal, plus an application for the creation of an easement over abutting land owned by a third party; Council supports proposal but application for review brought to the Tribunal by that abutting owner. 


Mod Urban Pty Ltd v Mid-Western Regional Council [2019] NSWLEC 1087
JOINDER: Application for joinder – Statutory tests

Vodafone Hutchison Australia Pty Ltd v North Sydney Council [2019] NSWLEC 1081
MODIFICATION: Whether substantially the same as the development – building identification signage – tower – night lighting – balancing competing objectives for CBD and low density residential – whether essence and materiality can be distinguished from the particulars of impact 

Environment Protection Authority v Rands [2019] NSWLEC 23
ENVIRONMENTAL OFFENCES: plea of guilty by a director of a company to offence of operating a waste facility without lawful authority – sentencing principles – determination of the objective seriousness of the offence – consideration of the subjective circumstances of the defendant – examination of comparable cases – monetary penalty imposed. 

Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20
Judicial review – challenge to Minister for Planning’s grant of development consent to concept development application including Stage 1 demolition of Sydney Football Stadium – no failure to comply with mandatory public exhibition period – no failure to comply with Sydney Local Environmental Plan 2012 concerning design excellence – no failure to comply with State Environmental Planning Policy 55 Remediation of Land.

Cando Management and Maintenance Pty Ltd v Cumberland Council [2019] NSWCA 26
ENVIRONMENT AND PLANNING — Consent — Duration or lapsing of — Onus of proof for establishing criteria preventing lapse of consent ENVIRONMENT AND PLANNING — Consent — Duration or lapsing of — Whether work consisting of clearing trees and shrubs prevented lapse of consent — Whether work related to building or work on land to which consent applied — Whether work in compliance or not prohibited by consent ENVIRONMENT AND PLANNING — Land and Environment Court — Jurisdiction and powers — Discretionary powers — Whether power to make orders extends to sanctioning and authorising breaches of Act. 


Carr on behalf of the Yuggera Ugarapul People v Frasers Deebing Heights Pty Ltd [2019] QLC 14
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – HERITAGE PROTECTION – OTHER STATES AND TERRITORIES – where the applicant sought an interlocutory injunction preventing development works – where the respondent gave undertakings about the scope of the works during the period of the proposed injunction and about obtaining further information about potential sites of significance before undertaking certain works – whether there was a serious question to be tried – whether the balance of convenience favoured an injunction – where the application was refused. 

Dunn v Ostwald Construction Materials Pty Ltd [2018] QMC 23
Failing to comply with cultural duty of care; Harming Aboriginal cultural heritage that defendant knew or ought reasonable to have known was Aboriginal cultural heritage; payment of costs of or towards repairing or restoring Aboriginal cultural heritage



Regulations and other miscellaneous instruments
Crown Land Management Amendment Regulation 2019 (2019-119) — published LW 28 February 2019
Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Amendment (State Significant Infrastructure) Regulation 2019 (2019-121) — published LW 28 February 2019
Environmental Planning and Assessment Amendment (Primary Production and Rural Development) Regulation 2019 (2019-120) — published LW 28 February 2019



Natural Resources and Other Legislation Amendment Bill 2019
Introduced by: Hon A Lynham MP on 26/02/2019
Stage reached: Referred to Committee on 26/02/2019

Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Bill 2019
Introduced by: Hon L Enoch MP on 27/02/2019
Stage reached: Referred to Committee on 27/02/2019

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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