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Inside track: Local Government

20 May 2020

#Local Government

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Inside track: Local Government

In the media

Councils facing big GDP hit from bushfires and Covid-19
Local Government Areas hit by the 2019-20 bushfires and Covid-19 restrictions may experience GDP declines of up to 23 per cent, a new report suggests (08 May 2020).  More...

Coulton enlists mayors’ help to promote Covid-19 app
Federal Local Government Minister Mark Coulton has written to council mayors to encourage their communities to download the new COVIDSafe phone application (08 May 2020).  More...

Round 7 grants for remote airstrip upgrades announced
Local Councils in NSW, Queensland, WA, and SA have been granted a share of $9 million in Commonwealth funding to upgrade remote airstrips (08 May 2020).  More...

National Cabinet starts ball rolling on reactivating sports
The National Cabinet has endorsed principles paving the way for the staged resumption of sport and recreational activities after coronavirus restrictions are eased (08 May 2020).  More...

New virtual platform launched
A new service aims to help government stakeholders communicate digitally with the sector through virtual events including webinars, training videos and product launches (06 May 2020).  More...

UDIA National: Keeping residential transactions
The Urban Development Institute of Australia (UDIA) has moved swiftly to develop a plan of action, advise government and industry and recommend interventions needed to sustain housing and construction activity during the COVID-19 pandemic and beyond (05 May 2020).  More...

'We are all in this together': Living in border towns can be confusing during COVIID-19 restrictions
As some states across the country enjoyed their first taste of social freedom in weeks at the weekend, for many living in border towns it was more a case of confusion than celebration (04 May 2020).  More...

Continued support for truckies to keep Australia moving during COVID-19
Australian truck owners and operators will save hundreds of dollars a year following the Federal Government’s decision to freeze the Heavy Vehicle Road User Charge at current levels (01 May 2020).  More...

Freight controller appointed to manage airfreight in the national interest
The Australian Government has acted again to ensure the movement of critical freight such as agricultural produce, medicines and medical equipment can continue (29 April 2020).  More...

Victoria

Victorian councils excluded from public sector support
Victorian Treasurer Tim Pallas on Wednesday announced a $1,500 fortnightly payment for 3,000 state government workers who had lost their jobs as a result of coronavirus but were ineligible for the federal JobKeeper payment (07 May 2020).  More...

Treasurer leaves council staff high and dry
The Municipal Association of Victoria (MAV) says the Victorian Government’s announcement that council workers will be ineligible for State funding assistance for public sector workers is disappointing and frustrating (06 May 2020).  More...

Making Rebuilding Easier For Bushfire Affected Victorians
The new process also allows a CEO or delegate to make decisions on applications, rather than the full council – again clearing a path through the planning process for those Victorians seeking to rebuild (06 May 2020).  More...

UDIA warns cost of increased development fees will be devastating
The Urban Development Institute of Australia, Victorian Division (UDIA Victoria) commends the Andrews Government on announcement which includes tax exemptions and freezing a host of fees and fines that are putting added pressure on households during the coronavirus crisis (05 May 2020).  More...

Calls for State Government to help thousands of local council staff who are without pay
The state's peak body for local councils is calling on the Victorian Government to help more than 5,000 council staff who are without work and ineligible for JobKeeper, amid calls for a rates freeze for property owners (05 May 2020).  More...

Planners say pandemic shows farmland on city fringes is crucial
Melbourne has withstood the pandemic by feeding itself on largely locally grown foods from here and interstate. But for how long if urban sprawl continues (06 May 2020).  More...

Frontline parking permits in response to COVID-19
The City of Melbourne will issue free temporary parking permits to frontline workers responding to COVID-19 as parking restrictions come back into effect in areas marked with green signs across the municipality (05 May 2020).  More...

Improvements for Elizabeth Street south
Improvements planned for the southern end of Elizabeth Street could receive the green light this week when City of Melbourne Councillors consider a planning permit for the redevelopment works. The proposed upgrades between Flinders Street and Flinders Lane would create much-needed space for pedestrians, beautify the streetscape and improve flood resilience (28 April 2020).  More...

NSW

$15 million to transform our streets and public spaces for social distancing
The Streets as Shared Spaces program will help the NSW Government reach its ambitious target to increase the proportion of homes in urban areas within 10 minutes’ walk of quality green, open and public space by 10 per cent by 2023. Councils can apply for Streets as Shared Spaces grants until 10 June 2020 (08 May 2020).  More...

ePlanning: local government calls for transparency over future costs
NSW councils have worked with the State Government’s to support the development of the new ePlanning system, on the condition that no fees and costs are passed on to councils and communities over the long term (07 May 2020).  More...

Council forced into COVID app backdown
A Sydney council that faced a health department investigation for illegally ordering workers to download the CovidSafe app has rescinded the direction and apologised to staff (07 May 2020).  More...

Public transport collapse may have upside
There's been 60-90 per cent drop in public transport patronage in NSW since COVID lockdowns began. Secretary of Transport Rodd Staples said a shift in demand for future transport could also have implications for the Three Cities concept based on the Eastern Harbour City, the Central River City and the Aerotropolis City in the west (30 April 2020).  More...

Cautious support for fast-track development criteria
The peak body warned that failure to include environmentally sustainable waste and recycling measures in the criteria was a missed opportunity, particularly in light of the rapidly approaching national bans on the export of plastic, glass and other recyclable materials (28 April 2020).  More...

Queensland

Premier Annastacia Palaszczuk announces a timeline for the easing of COVID-19 restrictions
Councils to play a significant role in monitoring and compliance. Council officers will be provided with emergency powers as emergency officers (general) to assist with this function. Council officers will also have the power to issue PINs if compliance through education cannot be achieved, with State Penalty Enforcement Regulations amended to allow local government to issue PINs. (08 May 2020).  More...

Rubbish increases as Cairns residents fill time at home during restrictions
Cairns Regional Council records significant increase in waste created by residents since coronavirus restrictions came into effect in March (07 May 2020).  More...

'Leave the Coast to the locals': Top cop warns Brisbane tourists to stay away or risk fines
The most senior police officer on the Sunshine Coast is warning would-be tourists that breaching the 50km travel limit for a Mother's Day picnic is a bad idea and could cost a $1,334 fine (05 May 2020).  More...

Work begins on the Gold Coast's $1 billion Pacific Motorway upgrade
Work begins on the Gold Coast's $1 billion Pacific Motorway upgrade, with promises it will benefit motorists and the economy (05 May 2020).   More...

OIA announces amnesty for first-time councillors
The Office of the Independent Assessor (OIA) has announced a three-month amnesty for first-time councillors and mayors who are the subject of inappropriate or misconduct complaints, unless the matter is serious. The amnesty would run from 5 May-5 August 2020 (05 May 2020).  More...

Misconduct complaints amnesty granted for first-time councillors
First-time mayors and councillors who are the subject of minor misconduct complaints will get a three-month amnesty, Queensland's Office of the Independent Assessor says (05 May 2020).  More...

Qld councils broker job-protection deal with union
Queensland council staff have won more flexible working conditions under temporary changes to their awards following the changes brokered by unions and the local government peak (04 May 2020).  More...

Digital maturity supporting Qld councils and communities
Online access to local government services is improving for Queenslanders as councils continue to embrace digital connectivity and service delivery, a comprehensive new report has found (01 May 2020).  More...
The Report Get the 2020 Digital Productivity Report here.

New report applauds digital connectivity and service delivery
The LGAQ's 2020 Digital Productivity report found that about 95 per cent of Queensland councils now understand the digital challenge, and 75 per cent have digital actions under way (01 May 2020).  More...

Long weekend a test for Sunshine Coast to attain zero COVID-19 cases by Mother's Day
This holiday hotspot has the potential of having zero active coronavirus cases by early May, but with fine weather and loosening restrictions the situation could prove otherwise (30 April 2020).  More...

We need to party': Can the Gold Coast be trusted with eased restrictions?
Queensland authorities question if the coastal city could return to its usual way of life too soon, after allowing beaches to open and people to picnic (30 April 2020).  More...

Councils, we need your local battleplans
The LGAQ will be now asking councils to prepare their own local battleplans including the “shovel-ready” projects you can get under way as soon as money is committed (30 April 2020).  More...

$185 million of roadworks start sooner
 Premier Annastacia Palaszczuk will talk with the local councils through the Regional Roads and Transport Groups and other key industry stakeholders who use those corridors to identify projects that can be prioritised within the remaining ROSI corridor allocations (29 April 2020).  More...

With Gold Coast beaches set to reopen, mayor calls for comeback of restaurants and cafes
As beaches reopen on the Gold Coast, mayor Tom Tate has called on the Federal Government to allow the "gradual" return of the city's crippled hospitality industry (27 April 2020).  More...

In practice and courts

UDIA: Helping Australia Bounce Back
UDIA’s advocacy action plan, details six strategic steps governments can take to stimulate housing and construction during and after the pandemic (05 May 2020).  More...

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

Making Rebuilding Easier For Bushfire Affected Victorians
The Department of Environment, Land, Water and Planning will help guide councils and the community through the new streamlined planning process. The Government – through Bushfire Recovery Victoria – will continue to work with affected communities to complete the necessary technical land assessments required to meet current bushfire building standards (06 May 2020).  More... 

Melbourne Industrial and Commercial Land Use Plan
The Melbourne Industrial and Commercial Land Use Plan Department has now been finalised and released. In addition to a Summary of Submissions report, individual submissions are now also available (23 April 2020).  More...

 Land-use planning system reforms consultation open
The Department of Environment, Land, Water and Planning (DELWP) is proposing updates to Victoria’s land-use planning system to bring it in line with the new environment protection framework due to come into effect on 1 July 2021.  More...
 Extension to closing date - Living Heritage Grants Program – Round 4 Applications now open
With the ongoing situation surrounding COVID-19, Heritage Victoria understands that it may have been difficult to finalise applications for Round 5 of the Living Heritage Grants Program before 9 April 2020. To assist with this, the application closing date has been extended to 12 June 2020.

Bushfires Royal Commission hearings commence
The Royal Commission into National Natural Disaster Arrangements (often referred to as the “Bushfires Royal Commission”) commenced its proceedings with an online Ceremonial Hearing , 16 April. The Royal Commission was established in response to the extreme bushfire season of 2019-20 which resulted in loss of life, property and wildlife and environmental destruction.  

Bushfire recovery grants and funding: 
A range of funding streams have been announced to support bushfire-affected businesses, farmers and organisations as well as individuals and families including: 

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. Full details available online.

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
Ballarat C213ball applies the Specific Controls Overlay (SCO) to various properties listed under the Schedule to Clause 51.01 (Specific Sites and Exclusions) and other related consequential changes, as part of the Smart Planning Program to improve the transparency of site specific controls. The changes improve the clarity and format of the planning scheme by implementing reforms introduced by VC148.
Glen Eira C198glen applies the Heritage Overlay to land at 430-434 Neerim Road, Murrumbeena on an interim basis, until 31 March 2021.
Monash C131mona rezones the land at 256-262 Huntingdale Road, Huntingdale from part Industrial 1 Zone and part General Residential Zone 2 to Residential Growth Zone 5, applies an Environmental Audit Overlay and deletes the Design and Development Overlay 1.
GC112 amends the schemes to recognise the Infrastructure Design Manual in the Municipal Strategic Statements, and introduces the Infrastructure Design Manual as a background document in the Schedules to Clause 72.08.
Greater Shepparton C222gshe replaces Schedule 3 to Clause 36.01 as it applies to land at 35-49 Graham Street, Shepparton to provide for accommodation and education uses; and replaces the Schedule to Clause 72.04 by introducing a new Incorporated Document titled Built Form Controls Incorporated Document, Department of Rural Health, Melbourne Medical School, The University of Melbourne, January 2020.
South Gippsland C090sgip implements the recommendations of the South Gippsland Housing and Settlement Strategy 2013 by introducing changes to the Municipal Strategic Statement and the Local Planning Policy Framework.
Surf Coast C130surf amends Clause 37.02 Comprehensive Development Zone Schedule 2 to consolidate established planning controls in external documents for The Sands Estate, Torquay into the planning scheme to improve the operation and transparency of the scheme.
Wyndham C242wynd rezones 842 Sayers Road, Tarneit from the General Residential Zone to the Mixed Use Zone, to facilitate the use and development of the land in accordance with the approved development plan applying to the land.
Yarra C265yara applies the Specific Controls Overlay to various properties listed under the Schedule to Clause 51.01 (Specific Sites and Exclusions) and other related consequential changes, as part of the Smart Planning Program to improve the transparency of site specific controls. The changes improve the clarity and format of the planning scheme by implementing the reforms introduced by VC148
Melton C220melt replaces the expiry date of the current interim heritage controls at 398-428 Exford Road and 430-458 Exford Road, Weir Views with an extended expiry date of 1 April 2021.
Whittlesea C244wsea corrects an anomaly resulting from an error in Amendment GC28 by removing Schedule 4 to the Environmental Significance Overlay from properties in the Donnybrook-Woodstock Precinct Structure Plan area.

NSW

Office of Local Government Circulars

20-14 Updated guidance on attendance by councillors and others at council and committee meetings during the COVID-19 pandemic
Circular Details: 20-14 / 27 April 2020 / A700129
Council Circular 20-14

20-15 New Integrated Planning and Reporting requirements for NSW councils
Circular Details: 20-15 / 1 May 2020 / A700190
Council Circular 20-15

Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020

Queensland

Economics and Governance Committee: Report No. 37, 56th Parliament—Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019, interim government response
The Government expresses its appreciation to the Economics and Governance Committee for its consideration of the bill and advises that matters relevant to the bill are still under consideration. The Government's final response to the Report will be tabled by 7 August 2020 (06 May 2020).  More...

Program - Public briefing - Electoral Commission Queensland - 11 May 2020
Legal Affairs and Community Safety Committee - Inquiry into the Electoral Commission of Queensland’s online publication of preliminary and formal counts of the votes cast in the local government elections and state by-elections held on 28 March 2020 inquiry.  More... 

Insight, 5th edition
Office of the Independent Assessor - We take a look at the Councillor Conduct Tribunal which decides misconduct allegations and bring you the latest addition to the OIA’s toolkit for councillors, a guide to messaging apps (05 May 2020).  More...

OIA: guide on messaging apps for councillors
A helpful new guide has been released outlining the rules and risks for Queensland councillors when using messaging apps to discuss council business. The new guide would prove valuable to the many newly elected councillors in Queensland, particularly those joining local government for the first time (04 May 2020).  More...

LGAQ: Changes to dealings with Survey Plans
The Titles Registry is introducing new ways to deal with ‘a plan of survey’ (also known as a survey plan) and streamline survey plan approval/consent processes. Under the new process, commencing 27 April 2020, a local government (as a relevant ‘Planning Body’) can approve a survey plan by electronically signing and transmitting a modified consent form (new Form 18B), back to the surveyor, lawyer or developer as the case may be (28 April 2020).  More...

Queensland Government: COVID-19
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 for Temporary Use Licences (06 May 2020).  More... 

LGAQ: Have you say on the Mobile BlackSpot Program Round 5A
The Australian Government has released a Consultation Paper seeking input on the design of Round 5A of the Mobile Black Spot Program. The consultation paper can be found here. The LGAQ is seeking contributions from councils by 5 June 2020, with Submissions due by 19 June 2020.  More...

LGAQ: Release of the Austroads Guide to Temporary Traffic Management
The formal adoption of the AGTTM in Queensland is planned for July 2020. In preparation for the adoption in Queensland, local government officers involved in traffic management activities can view a Fact Sheet and the new AGTTM and video presentations providing an overview of each section on the Austroads website.

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...

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...

Consultation: Yeronga proposed development scheme for a mixed-use precinct in the Yeronga Priority Development Area (PDA)
The scheme establishes a planning framework to transform the site and sets out intended land uses, development criteria and infrastructure envisaged for the PDA. Submissions can be made between 1 April and 17 May.  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

Grebe Investments Pty Ltd v Bass Coast SC [2020] VCAT 551
Application under s.79 of the Planning and Environment Act 1987; review of the failure to grant a permit; Bass Coast Planning Scheme; Low Density Residential Zone; Bushfire Management Overlay; subdivision; removal of native vegetation; landfill gas and leachate; stormwater; noise; amenity; bushfire risk and traffic safety.

Skyways Pty Ltd v Greater Dandenong CC [2020] VCAT 482
Greater Dandenong Planning Scheme; Application under section 77 of the Planning and Environment Act 1987; Mixed Use Zone; Clause 52.27; Proposal for packaged liquor licence; Noble Park Activity Centre; Suitability of location; Amenity impacts; Contextual change.

Buden Holdings Pty Ltd v Knox CC [2020] VCAT 545
Construction of three double storey dwellings and removal of an easement.
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Chan v Monash CC [2020] VCAT 526
Section 77 of the Planning & Environment Act 1987; Monash Planning Scheme; General Residential Zone Schedule 3; Vegetation Protection Overlay Schedule 1; Planning Policy; Neighbourhood Character; Design; Traffic; Internal Amenity; External Amenity 

Marshall v Stonnington CC [2020] VCAT 543
Relevance of consideration of trees on adjoining lot to proposal to extend a dwelling; Tree impact and measures necessary to address the impact unclear; Decision on basis of compliance with clause 54 standards and objectives, but tree impact measures may change this; Tree impact measures should have formed part of the merits consideration. No permit

Dodds v Mornington Peninsula SC [2020] VCAT 536
Mornington Peninsula Planning Scheme; General Residential Zone, Schedule 1; Design and Development Overlay, Schedule 1; Vegetation Protection Overlay, Schedule 1; Garden area requirement; Built form; Neighbourhood character; Street setbacks; Private open space; Overlooking.

Pace Development Co 10 Pty Ltd v Moreland CC [2020] VCAT 525
Moreland Planning Scheme; Section 79 the Planning and Environment Act 1987; former Pentridge Prison site; Expired permit for 7-8 storey building; Development of two 16 storey towers containing apartments, supermarket and retail premises, Pentridge Village Design Guidelines and Master Plan 2019; Pentridge Design Guidelines and Masterplan 2014; Interim decision. 

Raso v Greater Geelong CC [2020] VCAT 534
Section 82 of the Planning & Environment Act 1987; Greater Geelong Planning Scheme; General Residential Zone Schedule 2; Design and Development Overlay Schedule 14; Multiple Dwellings; Policy; Neighbourhood Character; Visual Bulk; Access Arrangements

Renieris v Boroondara CC [2020] VCAT 524
Section 80 of the Planning and Environment Act 1987; Boroondara Planning Scheme; Additions to a Dwelling; Disputed Conditions Relating to Boundary Wall and Privacy Screening.

Halpin v Maribyrnong CC [2020] VCAT 244
The permit allows: Construction of a double storey extension to the rear of an existing dwelling on a lot less than 300 square metres. Demolition of the rear of the existing dwelling.Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit

Bougazas v Bayside [2020] VCAT 533
Section 80 of the Planning and Environment Act 1987 – Bayside Planning Scheme – Neighbourhood Residential Zone (Schedule 3) – Vegetation Protection Overlay (Schedule 3) – removal of vegetation – conditions.

Wong v Maroondah CC [2020] VCAT 494
Section 77 of the Planning and Environment Act 1987, car stacker in garage adjacent to other dwelling, neighbourhood character 

Carroll v Monash CC [2020] VCAT 528
Demolition; Considerations given no specific local policy guidance; Historical significance; Architectural significance; Farmhouse; Reconstruction and restoration. No permit

Polixronis Super Pty Ltd v Darebin CC [2020] VCAT 523
Section 77 of the Planning and Environment Act 1987; Review the refusal to grant a permit; Darebin Planning Scheme; Commercial 1 Zone (C1Z); Minimal Housing Change area; Four storeys; Mixed use development; Apartments; Scale of development; Clause 58 Apartment Developments; Car parking reduction.

Xu v Monash CC [2020] VCAT 468
Section 80 of the Planning and Environment Act 1987; Monash Planning Scheme; General Residential Zone 6; Four double storey dwellings; impact of cantilevered sections of dwellings

Anderson v Banyule CC [2020] VCAT 527
Banyule Planning Scheme; General Residential Zone Schedule 1; Neighbourhood character; Front setback; Landscaping; Overlooking; Traffic and car parking.

Ni v Maroondah CC [2020] VCAT 520
Section 77 of the Planning and Environment Act 1987; Maroondah Planning Scheme; Residential Growth Zone; Significant Landscape Overlay; Construction of five, three storey dwellings; Ringwood Activity Centre location; Housing policy; Underdevelopment of land; Building form, design and landscape response; Visitor parking.

309 A Queens Pde Pty Ltd v Yarra CC [2020] VCAT 518
Planning and Environment Act 1987 s 39; extent of Tribunal jurisdiction under s 39; whether planning authority failed to afford implied obligations procedural fairness. Dismissed

Seidler Enterprises Pty Ltd v Port Phillip CC [2020] VCAT 514
Demolition of significant house; Incorporated document of heritage gradings; Relevant

Fourlis v Mornington Peninsula SC [2020] VCAT 511
Mornington Peninsula Planning Scheme; policy affecting medium density housing in Mornington Peninsula Shire Council; comparison of medium density housing proposal with existing neighbourhood character; insertion of double storey housing in a predominantly single storey neighbourhood; grades and changes of levels within a common property driveway. 

XYZ Constructions Pty Ltd v Kingston CC [2020] VCAT 510
Section 109 of the Victorian Civil and Administrative Tribunal Act 1998; Costs associated with refused strike out application; Nature and complexity of proceeding; Relative strengths of claims. Application for costs refused

Greater Geelong CC v 4 Monkeys Pty Ltd [2020] VCAT 507
Sections 109 of the Victorian Civil and Administrative Tribunal Act 1998; Quantum of costs associated with enforcement proceedings under section 114 of the Planning and Environment Act 1987

The respondents must pay the costs of the responsible authority incurred in respect of the proceeding, such costs if not agreed to be taxed by the Costs Court on a standard basis on the County Court scale.

NSW

Nicholson v Office of Local Government [2020] NSWCATAD 126
ADMINISTRATIVE LAW – procedure – time limits – appeal lodged out of time – no application for extension of time - principles to be applied – whether reasonable excuse for the delay in making the application.

Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2020] NSWCCA 74
APPEAL – where charges found to be duplicitous – where leave sought to amend charges to nominate particular working days as separate counts of breach   
APPEAL – whether failure to take into account relevant consideration – whether denial of procedural fairness  
ENVIRONMENT AND PLANNING – consent – where alleged breach of terms of development consent 

Lipscombe v Blue Mountains City Council [2020] NSWCATAD 121
ADMINISTRATIVE LAW – Government Information (Public Access) Act -– legal professional privilege – whether privilege waived 

Benmill Pty Ltd v North Sydney Council (No 2) [2020] NSWLEC 44
ENVIRONMENT AND PLANNING — Consent — Construction of use approved by order of the Court — Whether approval for “roof sign” is a “roof or sky advertisement” or a “building identification sign” under State Environmental Planning Policy No 64 – Advertising and Signage — Roof or sky advertisement  
ESTOPPEL — Issue estoppel — Whether issue fundamental — Finding made by Commissioner of the Land and Environment Court — Issue estoppel and abuse of process not made out

Stevens Holdings Pty Limited trading as Stevens Group v Newcastle City Council [2020] NSWLEC 1201
JOINDER – application for joinder – statutory power to order joinder under s 8.15 Environmental Planning and Assessment Act 1979 – issues proposed to be raised by applicant for joinder sufficiently addressed – public interest – joinder refused

Verde Terra Pty Ltd v Central Coast Council (No 4) [2020] NSWLEC 45
PROCEDURE - application to set aside three subpoenas issued by a council on the grounds of oppression and a lack of forensic purpose – parties resolved issues in dispute concerning two of the three subpoenas prior to the hearing – application at the hearing by the council to amend the schedule of the subpoena – application allowed – whether amended subpoena lacked forensic purpose - whether amended subpoena oppressive – application dismissed – whether inspection should be subject to a confidentiality order – no exception circumstances or particular reasons warranting the making of such an order.  
COSTS - application to set aside subpoena – subpoena amended at hearing to narrow its scope – amendment foreshadowed earlier prior to hearing – dispute concerning confidentiality of documents to be produced necessitated extra day of hearing – costs are costs in the cause.  
COSTS - application to set aside notice to produce settled prior to hearing – claim for legal professional privilege made in respect of documents produced – redacted documents provided to settle dispute – costs are costs in the cause 

Johnson Property Group Pty Limited v Lake Macquarie City Council (No 2) [2020] NSWLEC 42
PROCEDURE – separate determination of question – question of law – right to appeal against rejection of development application – no right to appeal – appeal dismissed STATUTORY INTERPRETATION – ss 8.2, 8.6, 8.7 Environmental Planning and Assessment Act 1979 – whether “decision” and “determination” of consent authority are distinct terms – decision is distinct from determination – rejection of development application is a decision – approval and refusal are determinations – decision to reject is not a decision subject to appeal that the Division so provides – s 8.7 right to appeal limited to determinations

Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41
APPEAL – appeal against a Commissioner’s decision on questions of law – decision to grant deferred commencement consent for seniors housing – road, civil and infrastructure works needed but not part of development application – whether likely impacts of the development – whether failure to consider likely impacts – precondition to grant of consent – provision of water and sewer services – whether precondition satisfied – access way to seniors housing development – characterisation of use of access way – impact on oyster aquaculture – whether failure to consider – precondition to grant of consent – acid sulfate soils management plan for proposed works – plan submitted for some but not all proposed works – whether precondition satisfied – precondition to grant of consent – significant impact on biophysical, hydrological and ecological matters – whether failure to consider

Lindvest DM Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1195
JOINDER – application for joinder – statutory tests

Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 3) [2020] NSWLEC 40
EVIDENCE: Verde Terra parties object to affidavits, including expert evidence, filed and served by Central Coast Council after hearing adjourned part-heard – whether late affidavits fell within the scope of an order permitting further evidence to be filed by the Council “in response to” affidavits filed by Verde Terra parties - whether in the alternative leave ought to be granted to the Council to rely on the affidavits – whether leave would cause forensic disadvantage to Verde Terra parties – whether leave would cause further expense and necessitate additional hearing time - objection upheld, leave denied.

Queensland

Local Government Association of Queensland Ltd v Queensland Services, Industrial Union of Employees & Ors [2020] QIRC 65
INDUSTRIAL LAW – VARIATION OF A MODERN AWARD – application to vary a modern award

Queensland Services, Industrial Union of Employees v Council of the City of Gold Coast (No. 2) [2020] QIRC 62
INDUSTRIAL LAW - notice of industrial dispute concerning employee's rejected request for reclassification of position and allegation of breach of confidentiality made against same employee - dispute not resolved in conciliation - dispute to be arbitrated - determination of question for arbitration

In the making of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2018 [2020] QIRC 60
INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified

Legislation

Commonwealth

Corporations (Coronavirus Economic Response) Determination (No. 1) 2020
05/05/2020 - This instrument modifies the Corporations Act 2001 to enable Annual General Meetings to be run electronically, and to enable electronic signatures to be used, to address the impacts of the Coronavirus

Victoria

Local Government Act 2020 (Vic)
Date of commencement: 1 May 2020
Sections 11, 40 to 43, 47, 52, Part 2 Division 8 (sections 53 and 54), sections 55, 57, Part 3 Division 2 (sections 59 to 70), sections 313 to 324, section 360 of this Act came into operation  on 1 May 2020 (SG150 24.03.2020)

Act Number: 9/2020

Bills

Appropriation (Interim) Act 2020 (Vic)
Date of assent:  28 April 2020 Act Number: 12/2020

Appropriation (Interim) Bill 2020
Date of second reading speech: 23 April 2020
Secures $24.5 billion in emergency funding to save lives, support jobs and businesses, and set Victoria up to recover from the pandemic over the next two years. Includes Land tax relief for landlords will be implemented through a separate Appropriation Bill

State Taxation Acts Amendment (Relief Measures) Act 2020 (Vic)
Date of assent:  28 April 2020 Act Number: 14/2020

State Taxation Acts Amendment (Relief Measures) Bill 2020
Introduced into and passed by State Parliament 23 April 2020
Extends the regional First Home Owners Grant for another year, and gives effect to bushfire tax relief measures announced earlier this year, including immediate payroll tax relief and stamp duty relief in State of Disaster areas

Victorian legislation can be accessed here

NSW

Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (COVID-19 Planning Bodies) Regulation 2020 (2020-177) — published LW 30 April 2020

Reminder: Local Government (General) Amendment (COVID-19) Regulation (No 2) 2020 (2020-176) — published LW 24 April 2020
Determination of fees - Despite section 241 of the Act, the determinations under that section for the year beginning 1 July 2020 must be made not later than 1 July 2020mrather than 1 May 2020

Reminder: Local Government (General) Amendment (COVID-19) Regulation 2020 (2020-152) — published LW 17 April 2020 - Division 15   COVID-19 pandemic—temporary measures
Operational plan - Despite section 405(1) of the Act, the operational plan of a council for the year beginning 1 July 2020 must be adopted before 31 July 2020 rather than 30 June2020
Payment of rates and annual charges - (1)  Despite section 562(3) of the Act, an instalment (whether a single instalment or a quarterly instalment) of annual rates and charges that would have been payable by 31 August 2020 is instead payable by 30 September 2020

Queensland

Subordinate Legislation as made – 01 May 2020

No 61 Disaster Management (Further Extension of Disaster Situation—COVID-19) Regulation (No. 2) 2020
The purpose of the Regulation is to further extend the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020 and extended by regulation on 2 and 16 April 2020.

Subordinate Legislation as made – 08 May 2020

No 65 Land (COVID-19 Emergency Response—Waiver and Deferral of Rents and Instalments) Regulation 2020

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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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