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Inside track: Planning, Environment & Sustainability

22 November 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Federal ‘Housing Supply Deals’could smash supply bottlenecks to ease affordability pressure
New Federal ‘housing supply deals’ could help ease housing affordability pressures by unlocking thousands of new dwellings in key areas of housing need, according to the Property Council of Australia (04 November 2021).  More...

Victoria

We get knocked down: Melbourne the nation’s house demolition capital
Melbourne has become the knockdown and rebuild capital of Australia in the past five years, new data from the Australian Bureau of Statistics reveals, with some suburbs adding four new homes for each one lost to the wreckers since 2016 (12 November 2021).  More...

Melbourne CBD could be close to self-sustaining through fully integrated solar
New modelling, on a scale ranging from individual structures through to neighbourhoods and an entire city, has shown that buildings in the City of Melbourne could provide 74% of their own electricity needs if solar technology is fully integrated into roofs, walls and windows (11 November 2021).  More...

‘Nation-building’ $25b plan for chain of towers linking CBD with MCG
A private investment group wants to build apartments, green spaces, restaurants, a school and a TAFE on top of the rail lines between Flinders Street and South Yarra stations (10 November 2021).  More...

Cbus Resubmits Plans for $1bn Melbourne Tower
Super fund-backed developer Cbus Property has redesigned and resubmitted plans for its approved $1-billion-plus Bourke Street office tower in central Melbourne. “[The redesign] aims to bring workers back to the city and respond to an ever-evolving Melbourne workforce with a greatly enhanced focus on sustainability, wellness, collaboration, connection to the public community, nature and productivity.” (09 November 2021).  More...

Parks saddle up to rein in wild horses
Parks Victoria has released a new plan to reduce feral horse impacts and protect the Alpine National Park. A Parks Victoria spokesperson said the Feral Horse Action Plan 2021 detailed an approach to feral horse management that was built on knowledge and experience (04 November 2021).  More...

Queensland

Consolidated Properties Files Three-Tower Plan for ABC Site
New plans for a three-tower, $520-million project on the former ABC Toowong site in Brisbane’s inner-west have been unveiled by Consolidated Properties Group (13 November 2021).  More...

Green light for new Queensland highway to give the Bruce a break
A route has been chosen for a highway just north of Brisbane, where semi-rural blocks will be developed to house 70,000 people (11 November 2021).  More...

Joe Adsett Architects Propose 15 Storey ‘River Arc’ for Kangaroo Point
A development application has been submitted by developer-architect Joe Adsett Architects for a 15 storey residential building located at 44 O’Connell Street, Kangaroo Point. Architects have deliberately chosen to limit the density of the development to 14 sky homes in order to differentiate their offering from other projects in the area  (02 November 2021).  More...

Palaszczuk's billions still not enough to halt regional housing crisis
A deepening housing crisis in regional Queensland has prompted the Palaszczuk Government to throw billions at the rising accommodation deficit, amid calls from councils for a national summit to fast-track urgent action (02 November 2021).  More...

In Practice and Courts

Announcements, Draft Policies and Plans released 2021

Queensland

Consultations
Local Government Sustainability Framework – discussion paper Closes on 30 November 2021

Queensland Housing Investment Growth Initiative (QHIGI) procurement process
The Queensland Housing Investment Growth Initiative procurement process has now opened. The QHIGI is being delivered through three funding initiatives:
Housing Investment Funding - funding to develop partnered projects to increase social and affordable housing supply
QuickStarts Qld - capital investment program to accelerate planned acquisitions, new construction and redevelopment opportunities to deliver new homes
Help to Home - partnerships with property owners, landlords and registered community housing providers to headlease homes to people who are eligible for social housing
The procurement process is now open and you can register your interest in developing a strategic partnership with the Queensland Government here (November 2021).

Cases

Victoria

Helman v Strathbogie SC (Red Dot) [2021] VCAT 1274
NATURE OF CASE Permit to use and develop land for a ‘warehouse (fireworks, explosives and ammunition)’ - Whether the applicants have standing under sections 89(1)(a) or 89(1)(b) of the Planning and Environment Act 1987 to request cancellation of the grant of the permit
LOCATION OF PASSAGE OF INTEREST Paragraphs 50-69, 70-76, 77-93, 190-209, 252-302
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LEGISLATION – interpretation or application of statutory provision
Section 52(1)(a) – What is ‘adjoining’ land?
Section 52(2)(a)(ii) – What is a ‘newspaper’ and what does ‘generally circulating in the area in which the subject land is located’ now mean in a world of online publishing?
Section 89(1)(a) – Does a person requesting cancellation of a permit have standing if notice was not given under section 52(1)(a) to an owner or occupier who has not requested cancellation?
Section 89(1)(b)(iii) – Was a failure to include permit conditions requested by an objector in exchange for withdrawal of the objection a material mistake in relation to the grant of a permit?
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory provisions is required or desirable
The decision has been referred to the Minister for Planning to consider a review of the newspaper notice provisions in section 52(2)(a)(ii) because they were enacted before the advent of online publishing.

Queensland

G Santalucia Investment Pty Ltd v Bundaberg Regional Council [2021] QPEC 63
PLANNING AND ENVIRONMENT – APPEAL – APPEAL AGAINST ENFORCEMENT NOTICE – where the appellant was given an enforcement notice under s 168 of the Planning Act 2016 in relation to earthworks – where the appellant appealed against the decision to give the enforcement notice – whether the Planning Regulation 2017 prohibits the Planning Scheme from categorising the operational works as assessable development – whether the enforcement notice should be set aside in the exercise of the discretion
Planning Act 2016 QLD s 43, s 44, s 163, s 168; Planning and Environment Court Act 2016 QLD s 43, s 45; Planning Regulation 2017 QLD s 16, sch 6; Sustainable Planning Act 2009 QLD s 232; Sustainable Planning Regulation 2009 QLD s 16, sch 6.

Redland City Council v Canaipa Developments Pty Ltd & Ors [2021] QPEC 62
ENVIRONMENT AND PLANNING – APPLICATION – COSTS - final enforcement orders compelling compliance with a lawful and functioning on-site sewage and wastewater treatment system - whether the first and/or second respondents ought pay the applicant council’s costs of the enforcement proceeding pursuant to s 60(1)(b) and/or 61(1) of the Planning and Environment Court Act 2016 – whether respondents’ conduct in the proceeding frivolous or vexatious - whether costs be assessed on the standard or indemnity basis
Environment Protection Act 1994 Qld; Planning and Environment Court Act 2016 Qld ss 59, 60, 60(1)(b), 61(1).

Lasker v Holeszko [2021] QDC 270
CRIMINAL LAW – APPEAL AND NEW TRIAL – OTHER MATTERS – where the appellant was charged with four offences against the Sustainable Planning Act 2009 (Qld) in the magistrates court – where the magistrate found that the appellant should be found guilty in respect of each of the four charges and imposed a penalty of $75,000 – where both the conviction and sentence is appealed under s 222 of the Justices Act 1886 (Qld) on various grounds – whether the evidence adduced by the prosecution was insufficient to establish the defendant’s guilt beyond reasonable doubt in relation to each of the four charges – whether expert evidence was inadmissible as it relied on evidence not before the court – whether an exhibit was inadmissible as it was a copy, not an original – whether the prosecution was not required to prove that the vegetation that was allegedly cleared was “remnant vegetation” of a particular regional ecosystem – whether erroneous weight was placed on the evidence of an expert on the basis that they failed to comply with the established scientific method – whether the learned magistrate correctly applied s 76 of the Justices Act 1886 (“JA”) in the application of Schedule 24 of the Sustainable Planning Regulation 2009 (“SPR”) – whether the sentence was manifestly excessive.

QCoal Pty Ltd & Anor v Isaac Regional Council [2021] QPEC 60
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application for a Works Camp in the Rural zone PLANNING AND ENVIRONMENT – ASSESSMENT – compliance with regional plan and planning scheme – whether there is a need for the proposed development – whether there are relevant matters which justify the proposed development - Planning and Environment Court Act 2016 Qld ss 43, 45 and 46; Planning Act 2016 Qld ss 45 and 60.

Hill & Ors v Sunshine Coast Regional Council [2021] QPEC 59
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL – APPEAL AGAINST REFUSAL – where the appellants submitted a development application for a material change of use for use as multiple dwelling units – where the subject site is located in a low density residential zone – where the development is to be located on a battle axe lot – where the respondent refused the application – whether the proposed development is inconsistent with the character of the local area – whether the proposed development would result in an unacceptable negative effect on the amenity of the local area
Planning Act 2016 Qld s 60; Planning and Environment Court Act 2016 Qld s 43, 45, 46.

Legislation

Acts

Date of assent: 3 November 2021
Water and Catchment Legislation Amendment Act 2021 (Vic)
Act Number: 48/2021

Victorian legislation can be accessed here.

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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