Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterest

Inside track: Planning, Environment & Sustainability

24 May 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

How spending on sustainable infrastructure will lift Australia up
Australia has a once-in-a-generation opportunity to make our country more resilient, prosperous and sustainable. Last month, Infrastructure Australia released its new Sustainability Principles, meaning that for the first time, sustainability will inform its appraisal of infrastructure priorities across social, economic, environmental and governance parameters (05 May 2021).  More...

Sydney and Melbourne the big losers as people move to regional Queensland in record numbers
The number of people moving to the regions – and staying put – is the highest on record, with demographers pointing to the pandemic as the reason Greater Melbourne has seen the biggest population exodus (05 May 2021).  More...

Victoria

500,000 trees for a cooler, greener west
The Andrews Labor Government will build green canopies with 500,000 new trees in Melbourne’s west – creating cooler spaces for families in the western suburbs to enjoy for generations to come (13 May 2021).  More...

Helping vulnerable Victorians stay warm, and cool, for less
Victoria’s most vulnerable residents will be warmer in winter and cooler in summer thanks to rebates of $1,000 from the Andrews Labor Government to replace old heaters with energy-efficient reverse-cycle air conditioners in homes managed by community housing organisations (10 May 2021).  More...

Why no one is developing larger apartment stock in Melbourne
Data compiled by Ignite, a not-for-profit research group supported by the University of Melbourne’s Faculty of Architecture, Building and Planning, shows a significant shortfall in larger apartments being developed in Melbourne’s inner and middle-ring suburbs (07 May 2021).  More...

New Chief Executive for EPA announced
The Governing Board of Environment Protection Authority Victoria is pleased to announce the appointment of Mr Lee Miezis as the next Chief Executive Officer of EPA (07 May 2021).  More...

Vic Solar Technologies and Sunny Srinivasan – court outcome
A solar panel retailer which made misleading representations to consumers and engaged in unconscionable conduct, among other breaches of the Australian Consumer Law, has been fined $3 million in the Federal Court, and its Director ordered to pay $450,000 (06 May 2021).  More...

Queensland

Brisbane City Council gives derelict Lamb House site permanent protection from development
The Kangaroo Point riverfront site of derelict heritage-listed mansion Lamb House has been permanently protected from development, with Brisbane City Council formally approving planning legislation changes (11 May 2021).  More...

Plans put forward for 31-storey Surfers Paradise tower
Plans to build a 31-storey tower on Surfers Paradise’s “pinch point” between the ocean and river have been submitted to the Gold Coast City Council (07 May 2021).  More...

Blown away: Feds veto $370 million NQ wind farm project
The federal government has vetoed a $370 million green energy project in far north Queensland despite its potential to deliver hundreds of jobs and cheaper energy (05 May 2021).  More...

Council plan to buy historic Lamb House knocked back by Queensland government
The state government knocked back a Brisbane City Council pitch to jointly buy a dilapidated historic riverside mansion to put it in public hands (06 May 2021).  More...

In Practice and Courts

Victoria

EPA leads new NEPM standards
Victoria EPA has played the lead role in coordinating the review of the national air quality standards which have been agreed by the National Environment Protection Council. A new review takes into account evidence of the health effects of these pollutants and will be considered for adoption as reference standards in Victoria after the new Environment Protection Act commences on 1 July 2021.To learn more about the new AAQ NEPM standards go here (10 May 2021).

Victoria: Review of the Retirement Villages Act 1986
The Government is seeking feedback on a range of options that have been developed from the first round of consultation. Consultation for the Retirement Villages Options Paper has been extended to 14 May 2021. Interested parties will be able to view the Options Paper via engage.vic.gov.au/retirementvillagesact and can register for updates.

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

Land Court launches Procedural Assistance Service
The Land Court has launched a dedicated Procedural Assistance Service website to assist self-represented litigants in the court (12 May 2021).  More...

State Infrastructure Strategy announcement
A new State Infrastructure Strategy will be released in conjunction with seven regional infrastructure plans in aid of supporting our post COVID-19 economic recovery. This follows the recent announcement of the formation of a Growth Areas Delivery Team to address land supply issues in SEQ.
To find out more about the strategy, please click here. You're invited to have your say and help shape the State Infrastructure Strategy. You can share your views via the survey. Consultation closes on 31 May 2021.

Consultations
Inland Rail – Helidon to Calvert project – draft environmental impact statement Closes 23 June 2021
Big Rocks Weir project draft terms of reference for an environmental impact statement Closes 07 June 2021
Cross River Rail Project – request for project change application – Clapham Yard, Moorooka Closes 04 June 2021

Cases

Victoria

Warde Street Pty Ltd v Minister for Planning [2021] VSC 238
VALUATION AND PLANNING – land in urban renewal area made subject of a development contributions plan (‘DCP’) overlay pursuant to amendment AMC145 to the Maribyrnong Planning Scheme (‘MPS’) – DCP overlay requires permit granted for specified types of development within area to contain condition requiring payment of a levy as condition of the right to develop pursuant to permit – Plaintiff holder of planning permits to construct multi-story mixed use developments comprising residential and retail premises – permits required plaintiff to enter into agreement under s 173 of the Planning and Environment 1987 to provide a financial contribution towards costs of some infrastructure items subsequently included in DCP – Plaintiff also holder of permits to subdivide proposed developments into lots in stages in accordance with endorsed plans – condition 3 of subdivision permit required payment of development infrastructure levy in accordance with DCP in respect of each unit payable in stages prior to issue of statement of compliance with any works or payments which the owner has paid under earlier specified permits to be reflected as a credit for the value of any works comprised in infrastructure projects funded by the DCP – combined effect of permits requires plaintiff to make sequential payments towards infrastructure costs first under development permits which authorise construction of proposed mixed use buildings and secondly under the permits which permit subdivision of those buildings – second requirement imposed pursuant to and in accordance with terms of MPS as amended by AMC145.
JUDICIAL REVIEW – whether AMC145 beyond power and of no legal effect because contrary to s 46K of the Planning and Environment Act 1987 Act it purports to levy development contributions in respect of development that has already been approved by existing permits and/or does not relate the need for works, services and facilities (or some of them) to the proposed development of land in the area as required by s 46I – whether to the extent that the DCP purports to levy development contributions in respect of the subdivision of the air space for dwellings, the construction of which has already been approved under an existing permit, such requirement is invalid because it is not a DCP within the meaning of s 46K of the P&E Act; it does not relate the need for the works, services and facilities to be provided (or some of them) to the proposed development of the land in the area as required by s 46I of the P&E Act; it is an unlawful tax – meaning of ‘proposed development’ in s 46K(1) – meaning of requirement that the proposed works and facilities relate to the development of land in the area to which the DCP applies – whether imposition of levy upon subdivision of proposed development valid – AMC145 valid – Maribyrnong Planning Scheme, AMC145, cls 45.06, 72.04; Planning and Environment Act 1987 ss 6(2)(j), 6(2)(l), 46I, 46J, 46K, 46N, 62(1)(a), 173, Part 3B; Eddie Barron Constructions Pty Ltd and Shire of Pakenham (1991) 6 AATR 10; Casey City Council v Carson Simpson Pty Ltd [2007] VSC 25; (2007) 18 VR 19.

Flores v Monash CC (Corrected) [2021] VCAT 420
Sections 77 of the Planning and Environment Act 1987; Monash Planning Scheme; General Residential Zone; Application of clause 52.06 – car parking; Whether amendment of planning permit required.

Queensland

Williams v Brisbane City Council [2021] QPEC 26
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a code assessable development application for a preliminary approval for building work to facilitate demolition of a pre-1947 house – whether the subject house contributed to the traditional building character of the part of the street within the Traditional Building Character Overlay – whether demolition would result in loss of traditional building character – where building set further back from the street and at a lower elevation relative to the street than the other buildings of traditional building character – where main design features expressed to the river frontage, rather than the street frontage – where potential views from the street to the house limited and affected by long standing vegetation. Planning Act 2016 Qld s 60.

Council & Ors; Dexus Funds Management Limited v Fabcot Pty Ltd & Ors [2021] QCA 95
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – GENERALLY – where the grant of a development permit for a childcare centre, service station, food and drink outlet and shopping centre was sought – where orders were sought that the development be refused – where orders seeking that the development permit be refused were dismissed – where the site the subject of the development permit is within the low-medium density residential zone and within the Smithfield Local Plan – whether approval of the proposed development would compromise the planned role and function of the land – whether the primary judge misinterpreted or misapplied sections 45 and 60 of the Planning Act 2016 (Qld) – whether the primary judge misinterpreted or misapplied the Cairns Plan 2016 – whether the primary judge erred in finding that there was a town planning need for the proposed development – whether the primary judge erred in finding the only non-compliance with the low-medium density residential Zone Code and the Smithfield Local Plan was that the proposed development was not small scale – whether the primary judge erred in concluding that the proposed development complied with section 3.3.2.1(1) of the Cairns Plan 2016 – whether the primary judge erred in dismissing sub-precinct 3b as an obstacle in the path of an approval of a development application – whether the primary judge failed to take into account the hierarchy of shopping centres under the Cairns Plan 2016 – whether the primary judge took into account irrelevant considerations – whether the primary judge prejudged a code assessable development application.

Legislation

Victoria

Acts

No 40: Parks and Crown Land Legislation Amendment Act 2020 (Vic)
Date of commencement: 1 May 2021
Sections 30, 32, 33, 49, 61, 63, 64, 68, 70, 73, 74, 76, 79, 81, 82(3), 83, 84(3), 109 to 112, Part 10 of this Act came into operation on 1 May 2021 (SG666 15.12.2020)

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.

Share this