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Inside track: Planning, Environment & Sustainability

21 June 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

High-rise projects redefining the education sector
Mixed-use vertical campuses with solid green credentials are gaining popularity in the tertiary sector as a wave of new developments strive to deliver “higher learning” (09 June 2021).  More...

A Novel Duty of Care? Recent Developments in Australian and international climate change law
In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions-intensive corporations and projects (02 June 2021).  More...

Victoria

Industry welcomes quarantine investment and National Cabinet focus on CBD reactivation
The Property Council of Australia has welcomed the outcomes of the National Cabinet meeting, including the announcement of Federal Government capital support for the Victorian Government’s planned quarantine facility and a renewed focus on the reactivation of Australia’s CBDs (10 June 2021).  More...

Have your say on plans for Plenty Gorge Park
Plans for a $19.3 million trail through Plenty Gorge Park in Melbourne's thriving north-east have been revealed and the local community are being asked to have their say. The investment is part of the Victorian Government’s $154 million Suburban Parks Program (09 June 2021).  More...

Selling sustainability in the home builder market
Sustainability Victoria developed the Zero Net Carbon Homes pilot program to support the home builder market and has been working with some of Australia’s leading residential builders and a developer to support this group and the wider industry to develop and sell energy-efficient homes (08 June 2021).  More...

A broader vision for Federation Square
Federation Square will be revitalised as part of an expanded and continuous arts, civic and cultural precinct that will extend across the Yarra and include the National Gallery of Victoria (NGV), Arts Centre Melbourne and the new NGV Contemporary. The Victorian Government is establishing the Melbourne Arts Precinct Corporation (MAP Co), to be responsible for our two most important civic space (06 June 2021).  More...

Victoria’s windfall tax should punish speculators
Land-banking investors have swooped on large swathes of Victorian land, driving up prices and causing a shortage in land stock, according to developers (03 June 2021).  More...

Goldfields Hotel tower wins approval after appeal
Goldfields Group has won permission for its controversial 12-storey 198-hotel room development on the site of the former Matt Blatt showroom at Richmond. The proposal was referred to the VCAT for determination after the Yarra City Council failed to make a decision during the statutory period (02 June 2021).  More...

EPA fines power company over tighter rules
Environment Protection Authority Victoria (EPA) has fined Hazelwood Power Partners for failing to meet tightened environmental regulations (01 June 2021).  More...

EPA CEO targets waste crime
Newly appointed Environment Protection Authority Victoria (EPA) CEO Lee Miezis said waste crime was one of his priorities for the north east of Victoria on his first visit to the region (31 May 2021).  More...

Queensland

Government commits $20 million to Sunshine Coast hydro plant plan
The Queensland government will spend two years and $20 million preparing a business case for a pumped hydroelectricity plant on the Sunshine Coast. Premier Annastacia Palaszczuk said Lake Borumba was being prioritised because of its existing dam infrastructure, land access and location within the Southern Queensland Renewable Energy Zone (08 June 2021).  More...

Maryborough fridge cemetery cleaned up after fine and Direction Notice
A Maryborough waste operator has cleaned up thousands of illegally stored fridges following a series of compliance actions by the Department of Environment and Science (01 June 2021).  More...

Pikos’ Brisbane Triple Tower gets go-ahead
Pikos Group's $350-million Brisbane River development has been approved after multiple applications on the site and an appeal when the apartment plans were rejected by the council (31 May 2021).  More...

In Practice and Courts

Announcements, Draft Policies and Plans released 2021

Victoria

Increase in planning fees
Planning fees set under the Planning and Environment (Fees) Regulations 2016 are expressed in fee units. The value of a fee unit for a financial year is determined by the Treasurer and applied on 1 July of the next financial year. The new value of a fee unit for the next financial year was published in the Government Gazette on 20 May 2021 is $15.03 and will be automatically increased as of 1 July. The planning fees page on the DELWP website will be updated to reflect the change by 1 July (10 June 2021).  More...

Draft Central Geelong Framework Plan (CGFP) and proposed planning scheme Amendment C431ggee
The draft CGFP sets a vision and high-level guidance for land use and development in Central Geelong over the next 30 years. The draft CGFP is in line with the State Government’s Revitalising Central Geelong Action Plan 2017. For further information please visit Engage Victoria. Submissions must be lodged by 7 July 2021.

Victoria naming rules review
Geographic Names Victoria has completed the first consultation phase of the 2020-21 naming rules review. The consultation and engagement process, has received more than 450 contributions, including over 400 from members of the public. In July 2021 with an anticipated release of the finalised document in December 2021. You can continue to track the progress of the review on Engage Victoria.

Queensland

PCA: Brisbane City Council Green Bridges Project update
Brisbane City Council has delivered an update on its Green Bridges Project with the announcement of two new green bridge locations connecting Toowong to West End and West End’s Orleigh park to Guyatt Park in St Lucia. Planning is progressing for the Kangaroo Point Green Bridge with designs being released for new walking and cycling connections at the bridge landings. For more information on the Green Bridges Program please click here.  (27 May 2021).

PCA: New Sunshine Coast planning scheme
The changes are expected to align with newer state and local planning policies including the South-East Queensland Regional Plan which is set to be renewed next year. The new planning scheme is expected to be delivered in 2024. The Sunshine Coast Council has provided the following timeline for delivery the new scheme (May 2021).  More...

Cases

Victoria

Burns v Whitehorse CC [2021] VCAT 607
The proposal seeks the removal of a designated significant tree, included in Incorporated Document No. 10 – City of Whitehorse – Statements of Tree Significance (2005), described as a River Red Gum (Eucalyptus Camaldulensis)[1]. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. No permit.

Queensland

Powe v David Hansen on behalf of Logan City Council (No 2) [2021] QDC 97
S 222 APPEAL – PLANNING ACT OFFENCES – CONVICTIONS SET ASIDE ON SOME CHARGES – WHETHER NEW TRIAL SHOULD BE ORDERED – SENTENCE – FINES & RESTORATION ORDER – WHETHER EXCESSIVE
Integrated Planning Act 1997 Qld; Justices Act 1886 Qld; Local Government Act 2009 Qld
Oaths Act 1967 Qld; Planning Act 2016 Qld; Penalties and Sentence Act 1992 Qld; Sustainable Planning Act 2009 Qld 

HPD Property Group Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 27
PLANNING AND ENVIRONMENT – COSTS – where the respondent made an application in pending proceeding which sought orders to include further issues in its case – where the appellant seeks an application for the respondent to pay its costs in relation to the amended application in pending proceeding – whether costs should be awarded pursuant to s 60(1) of the Planning and Environment Court Act 2016 (Qld).

Self Storage Helensvale Holdings Pty Ltd v City of Gold Coast Council [2021] QPEC 29
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT APPLICATION – where the Council refused an application to develop land for a self-storage facility – where the land was in the Medium density residential zone – whether the type of use is appropriate in the zone – whether the scale of use is appropriate in the zone – whether the built form and character and visual amenity impacts of the proposed development are acceptable – whether the planning scheme has been overtaken by events – whether there is a planning, community and economic need for the proposed development – whether the proposed development provides other relevant public benefits – whether the proposed development should be approved in the exercise of the planning discretion Local Government Act 2009 Qld s 251.

Cannon Hill Investments Pty Ltd & Anor v Malt Brewing Company Pty Ltd & Ors [2021] QPEC 30
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – whether development application was impact assessable, not code assessable – whether the proposed development was for a “Hotel” and not for a “Food and Drink Outlet” – whether the proposed development exceeded 250m² gross floor area – whether relief should be refused in the exercise of discretion
Planning and Environment Court Act 2016 Qld s 11; Planning Act 2016 Qld s 45.

Legislation

Victoria

Act commencements

Date of commencement: 1 June 2021
COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic)
Part 3 Division 3 (sections 13 and 14) of this Act came in by forced commencement on 1 June 2021 s.2(3)

Act Number: 25/2020
Date of commencement: 1 June 2021
National Energy Legislation Amendment Act 2020 (Vic)
Part 3 (sections 4 to 6), Part 4 Division 2 (section 8) of this Act came in by forced commencement on 1 June 2021 s.2(2) Act Number: 27/2020

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.

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