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

Inside track: Planning, Environment & Sustainability

25 November 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Bushfire Royal Commission: Planners say we must do more than fight fires
PIA takes heart from the Royal Commission’s recommendation (19.3) that all governments must “…consider future disaster risk when making land-use planning decisions for new developments”. PIA acknowledges similar recommendations from several State Inquiries (30 October 2020).  More...

ASBEC: Royal Commission recommendations on Natural Disaster Arrangements
The final report acknowledges that natural disasters will be more frequent and more severe, and warns that consecutive and compounding natural disasters will place increasing stress on existing emergency management arrangements. The report focuses on what can be done to improve national natural disaster coordination arrangements (04 November 2020).  More...

Victoria

Daniel Andrews discussed projects directly with developer, IBAC hears
Premier Daniel Andrews' assurances he did not speak to allegedly corrupt developer John Woodman about his redevelopment projects have been contradicted by the developer’s lobbyist in evidence to the state’s anti-corruption commission (11 November 2020).  More...

Lobbyists won huge success fee when controversial plans approved
Lobbyists linked to the Labor and Liberal parties, and working for allegedly corrupt property developer John Woodman, shared in a $1 million success fee for their role in the controversial rezoning of farmland on Melbourne’s city fringe (09 November 2020).  More...

Victorian retail sales rebound post-lockdown
Melbourne retail sales have rebounded strongly after the city reopened following 12 weeks of hard lockdowns. The shift in shopping habits triggered by the pandemic has continued to have ramifications not only for retailers but landlords and investors (09 November 2020).  More...

Surf park plans for Pellicano’s Melbourne Waterpark
A new surf park could be on the horizon as part of $100 million water park plans lodged with City of Kingston in Melbourne’s south-east (06 November 2020).  More...

Screech and breach costs company a fine from EPA
Environment Protection Authority Victoria (EPA) has fined a central Victorian steel supplier more than $8,000 for breaching a regulatory notice requirement to stop excessive noise from its premises affecting nearby residents (06 November 2020).  More...

Goldfields unveils luxury apartment in Windsor
Developer Goldfields isn’t fretting on the health of Melbourne’s apartment market amid the coronavirus downturn (04 October 2020).  More...

Stockland makes $180m move on Melbourne land deal
Stockland is restocking its residential pipeline with a $180 million land parcel in Melbourne’s Casey growth corridor. The transaction is structured on capital-efficient terms with payments to be made over five years, in line with expected restocking cash flows (03 November 2020).  More...

Amazon doubles down with new Melbourne fulfilment centre
Amazon has announced plans for a new 37,000sq m fulfilment centre, committing to a Dexus-managed industrial estate in the western suburbs of Melbourne (30 October 2020).  More...

Heritage protection for Esme Johnston House
The Victorian Government has stepped in to save a Tudor Revival house in Brighton from demolition by granting permanent heritage protection for the local landmark (30 October 2020).  More...

NSW

New program to support economic rebound
Minister for Planning and Public Spaces Rob Stokes said the projects were part of the new Priority Assessment Program that followed the successful Planning System Acceleration Program. Mr Stokes said the new program will prioritise longer-term, public and private projects earlier in the planning system (13 November 2020).  More...

24-hour economy reforms approved by NSW Upper House
Sydney’s night-time economy will be kick started and re-energised post COVID-19 and beyond, thanks to new 24-hour economy laws passing NSW Parliament’s Legislative Council. Key changes in the Liquor Amendment (24-hour Economy) Bill 2020 include reducing red tape by aligning liquor licensing and planning processes (13 November 2020).  More...

Alfresco dining extended to Darling Harbour
The NSW Government is set to extend its alfresco dining scheme to Darling Harbour in another win for venues and the live entertainment industry in NSW. Last month the NSW Government slashed red tape to allow 19 pubs, cafes and restaurants in The Rocks to expand onto footpaths and public space (13 November 200).  More...

Local Water Utilities leading compliance
The Natural Resources Access Regulator (NRAR) has found 84 per cent of Local Water Utilities (LWU) in the Sydney, Hunter and Northern Rivers regions are compliant with NSW water laws (12 November 2020).  More...

The plan to transform Sydney's 'ugly duckling' into a legacy project
The industrial building looming over Sydney Harbour was once a gasworks, a torpedo factory and a submarine base. Now it might become a public park (12 November 2020).  More...

Consultation extended for the draft Contaminated Land Sampling Design Guidelines
Following a number of requests, the EPA has extended the public consultation period for the draft Contaminated Land Sampling Design Guidelines until 5pm Sunday 29 November (11 November 2020).  More...

COVID-19 to reshape Sydney in 'biggest way' since Spanish flu as population stalls
After years of stellar growth, the city's population is forecast to rise by just 500 people next year due to a slump in the number of people migrating from overseas (09 November 2020).  More...

Suburban meadows, green pipes and a 42km bike track: How to rebuild Sydney after the pandemic
Creating 'micro-meadows' in the city's suburbs and reinventing car-parking buildings are among hundreds of ideas aimed at reinventing public spaces (04 November 2020).  More...

New mandatory standards for building certification
The NSW Government has released a comprehensive practice standard that outlines how building certifiers must undertake their role to ensure compliance with the law (02 November 2020).  More...

New plan to boost community engagement and make way for faster assessments
The NSW Government is planning to roll out fresh advice to encourage developers to engage earlier and more deeply with local communities, to support faster assessment times across all state significant development applications (30 October 2020).  More...

Queensland

Troubled Dunk Island back on the market at a reduced price after recent repossession
Just over a year after controversial investment group Mayfair 101 bought Queensland's Dunk Island for $31.5 million, only to have it repossessed, it's up for sale again (12 November 2020).  More...

Stockland kicks off $126m Sunshine Coast project
Residential developer Stockland has kickstarted construction on a $126 million greenfield project on the Sunshine Coast as south-east Queensland land supply starts to dry up (06 November 2020).  More...

Brisbane car wreckers en route to redevelopment
An application to build 552 units on the site of a car wrecking yard in north Brisbane has been lodged with the Queensland government. The multi-stage project will require a priority development area permit for the site neighbouring Carseldine Urban Village (04 November 2020).  More...

PCA: Queensland election result
Along with tax reform, the Property Council will seek to engage with the Government on critical policy issues including growing the Build-to-Rent housing sector, investing in catalyst infrastructure, revitalising CBDs, investing in social and affordable housing, and enhancing business efficiency through the removal of red and green tape (01 November 2020).  More...

In practice and courts

Royal Commission into National Natural Disaster Arrangements: Report
This report focuses on broader questions of national arrangements and responsibilities, in relation to all phases of natural disasters – before, during and after. This inquiry required the Commission to consider whether these existing arrangements are as effective as they can be in a future (30 October 2020).  More...

New Australian Standards
Climate Change (Adaptation and Mitigation) Bill 2020
The Climate Change (Adaptation and Mitigation) Bill 2020 sets out a framework for national plans to be put in place and updated by the Australian Government, and for progress to be rigorously monitored and reported. The national framework seeks to ensure that Australia has:
a positive response to the challenges of climate change; national plans for adapting to a changing climate;
national plans for reducing greenhouse gas emissions; transparent monitoring, reporting and accountability
More information here (09 November 2020).

Australian Bushfires Disaster Emergency Declaration: Understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 (the emergency declaration) under Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency declaration was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020. The emergency declaration expires on 20 January 2021.

Industry update on export ban of waste glass
The export ban on waste glass will now commence on 1 January 2021.

Victoria

Victorian eviction moratorium extended until 28 March 2021
Residential tenants and landlords who struggle to reach agreement over rent reductions have access to the dispute resolution service run by Consumer Affairs Victoria for residential tenancies. The Victorian Small Business Commission offers a similar service for commercial tenancies. Residential and commercial tenants and landlords can also take advantage of more support, including further land tax reductions and more grant funding. For more information see the renting rules and support during the moratorium page.

ASBEC: Victoria Gov’t recommences: Victorian Energy Upgrades; Victorian Residential Efficiency Scorecard, Energy Savvy Upgrades and Healthy Homes program activities
Victorian Energy Upgrades
The Victorian Government has recommenced high-volume residential activities under the Victorian Energy Upgrades (VEU) program, specifically:
Incandescent lighting upgrades (Part 21 under the Victorian Energy Efficiency Target Regulations 2018)
Low-flow shower roses (Part 17)
Weather sealing (Part 15)
In-home display units (Part 30)
Consistent with government requirements, all businesses involved in these and all other VEU activities must have a COVIDSafe Plan. More information here.

Victorian Residential Efficiency Scorecard, Energy Savvy Upgrades and Healthy Homes
The Victorian Government has recommenced activities for the Victorian Residential Efficiency Scorecard, Energy Savvy Upgrades and Healthy Homes programs. Consistent with government requirements, all businesses involved in these programs must have a COVIDSafe Plan. More information here.

Draft landholder valuations revenue ruling - have your say
You are invited to provide feedback on a draft revenue ruling, landholder provisions – valuation of land holdings, which will replace DA-060. The draft ruling includes a change to the definition of ‘land holding’ and provides guidance on when the Commissioner will consider the written down book value of fixtures in the absence of formal valuation evidence. Feedback is welcome until 2 December 2020.

Proposed Amendment C211GDAN to the Greater Dandenong Planning Scheme
Amendment C211gdan to the Greater Dandenong Planning Scheme proposes to make changes to the planning provisions for surplus government land at 9 Maralinga Avenue, Keysborough. The amendment proposes rezoning the site to Neighbourhood Residential Zone 1 (NRZ1), applying the new Development Plan Overlay Schedule 13 (DPO13) to the site, and amending Clause 21.08 to include the Arborist Report as a reference document (29 October 2020).

Extension to the declaration of Surf Coast, Bellarine Peninsula and Bass Coast as distinctive areas and landscapes
The Governor in Council, under section 46AT(3) of the Planning and Environment Act 1987, has approved the extension of time required to prepare Statements of Planning Policy for Surf Coast, Bellarine Peninsula and Bass Coast for a further 12 month period.

New Environment Protection Act postponed to July 2021
The legislation has been postponed and is intended to commence on 1 July 2021. On that basis, EPA will continue to regulate under the Environment Protection Act 1970, including all existing subordinate legislation (regulations and statutory policies including state environment protection policies and waste management policies) until the new commencement date.  More...

Smart Planning PPF translation update
Smart Planning continues to work with councils on their Planning Policy Framework (PPF) translations. To date, PPF translations have been gazetted for Murrindindi, French Island and Sandstone Island, Glenelg, Moonee Valley, Golden Plains, Southern Grampians and Colac-Otway. The PPF translation project is time bound and all planning schemes must be translated by 30 June 2021. Information on preparing for your PPF translation is available on the Smart Planning website.

Approvals
VC191 changes the VPP and all planning schemes in Victoria by clarifying the application of the existing permit, notice and third-party review exemptions for cladding rectification in Clause 52.01 (‘Combustible cladding rectification exemptions’) so that they explicitly apply to government-owned buildings. The permit exemption applies to all permit requirements in the planning scheme, including the Heritage Overlay and other overlays, and seeks to remove any doubt about whether a permit is required for rectification works on government buildings.

Exhibitions
Maribyrnong C158mari proposes to rezone 53 Wattle Road, Maidstone and 34 George Street, Maidstone from Industrial 3 Zone to General Residential Zone, and apply an Environmental Audit overlay to both sites. This amendment is a combined planning permit application and planning scheme amendment under section 96A of the Act. The planning permit application proposes the development of 12 dwellings on the lot and a reduction in the car parking requirements.
Melbourne C387melb proposes to implement the findings of the Hoddle Grid Heritage Review July 2020 on a permanent basis by applying the Heritage Overlay to 133 places; revise the boundary of four (4) existing individual Heritage Overlays; apply the Heritage Overlay to five (5) precincts including extending one (1) precinct; amend an interim precinct heritage overlay by changing the Heritage Overlay number and introduce separate Statements of Significance for al places and precincts.
Moreland C179more proposes to rezone land at 77, 79, 83, 85, and 87 South Street, Hadfield from an Industrial 3 Zone to a Neighbourhood Residential Zone - Schedule 1; apply the Environmental Audit Overlay to land at 77, 79, 83, 85, and 87 South Street, Hadfield and amend the Strategic Framework Plan at Clause 21.02 to identify the land as residential, consistent with the intent of the rezoning.
Queenscliffe C33quen s96A combined planning scheme amendment and planning permit application proposing the rezoning and subdivision of a 4,114 square metre parcel located at 81 Nelson Road, Queenscliff. The amendment proposes the rezoning of the site to Neighbourhood Residential Zone - Schedule 2 (NRZ2). The amendment also proposes the application of Design and Development Overlay - Schedule 3 to the site and the deletion of the Development Plan Overlay - Schedule 1 (DPO1) and deletion of Design and Development Overlay - Schedule 5 from part of the site. The planning permit application seeks approval for a multi-lot subdivision (7 lots), removal of vegetation, creation of easements and a restriction on the plan of subdivision, and works associated with the subdivision.

Panels
Greater Bendigo C243gben implement the findings of the Heathcote Flood Study (2016) to update the flooding controls for the affected properties.
Maroondah C130maro implement objectives and strategies of the Ringwood Metropolitan Activity Centre Masterplan.
Mitchell C106mith implement the Beveridge North West Precinct Structure Plan for 1254 ha bound by the Hume Freeway, Camerons Lane, Old Sydney Road and the extension of Hadfield Road, Beveridge North.

NSW

NSW Land and Environment Court: New Acting Commissioner appointments
The Chief Judge is pleased to announce the appointment of Mr Alan Bradbury, Mr Paul Rappoport, Dr Gary Shiels, Ms Deborah Sutherland and Ms Emma Washington as Acting Commissioners of the Court for the period commencing 9 November 2020 and expiring on 8 November 2023 (06 November 2020).

NSW Revenue reminder: COVID-19 (coronavirus) and parking space levy
Consistent with our existing policy, you can elect to pay your 2020-21 levy in full on 30 September 2020 or by equal quarterly instalments on 30 September 2020, 1 December 2020, 1 March 2021 and 1 June 2021.  More...

NSW Revenue: Land Tax COVID-19 relief continues
The Retail and Other Commercial Leases (COVID - 19) Regulation set to expire on 25 October 2020, will now be extended to 31 December 2020. Eligible landlords that reduce the rent of eligible commercial and residential tenants between 1 October 2020 and 31 December 2020 can apply for a land tax concession on relevant properties.  More...

NSW Revenue: Stamp duty changes for first home buyers
The threshold above which transfer (stamp) duty is charged on new homes for first home buyers will increase from the current $650,000 to $800,000, with the concession reducing on higher values before phasing out at $1 million. The new transfer (stamp) duty threshold will be in place for 12 months and will apply to contracts executed from 1 August 2020 to 31 July 2021. For more information, visit the NSW Treasury website.

Registrar General: Updates to Conveyancing Rules during the COVID-19 pandemic
The option to sign dealings and plans electronically has now been extended to March 2021, to assist customers during the pandemic.  More...

Property industry reforms extended
The no-penalty grace period for the Property and Stock Agents Act reforms has been extended a further six months until 1 April 2021.

EPA [Draft] Sampling Design Guidelines for sampling of contaminated land
The EPA encourages feedback from stakeholders on the updated draft guidelines to help improve the sampling design and analysis of potentially contaminated land in NSW. Stakeholders can have their say on the consultation website.
Note: The consultation period has been extended until Sunday 29 November 2020.

50-year vision for Sydney's Open Space and Parklands [Draft] discussion paper
The NSW Minister for Planning and Public Spaces has announced the 50-Year Vision for Sydney’s Open Space and Parklands. The draft Vision will kickstart a community wide conversation about how our open and public spaces can grow with us. Read A 50-Year Vision for Sydney’s Open Space and Parklands: A Discussion Paper and complete the survey.

Proposed SEPP amendment to allow outdoor dining pilot in Sydney CBD
City Of Sydney: The department is seeking your feedback on a proposed amendment to the Codes SEPP which will facilitate a simplified, streamlined process for small bars and pubs in the City of Sydney to have outdoor dining. The Outdoor Dining Trial will run from 30 October 2020 until 31 October 2021.  More...

NSW DPIE: draft NSW Public Spaces Charter and draft Evaluation Tool for Public Space and Public Life
The Department of Planning, Industry and Environment has released the draft NSW Public Spaces Charter and the draft Evaluation Tool for Public Space and Public Life – two initiatives that aim to enable more quality public spaces for every community across NSW. The draft NSW Public Spaces Charter and draft Evaluation Tool will be on public exhibition from 20 October – 17 November 2020.  More...

NSW Planning Department: Have your say, draft plans and policies
Draft Local Character Clause
The department is exhibiting a draft Local Character Clause which is proposed to be included in the Standard Instrument Local Environmental Plan. The clause will require the council to consider its local character statement when addressing development applications.
Notification start-end date 12/11/2020 - 29/01/2021

Queensland

DES prosecution bulletins
A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions.  More...

Build-to-Rent update
The Queensland Government has announced the preferred proponents of its Build-to-Rent Pilot Project that was announced as part of the 2018 Mid Year Fiscal and Economic Review. Frasers Property and Mirvac are the successful proponents who are required to deliver a component of government subsidised affordable housing dwellings (October 2020).  More...

Cases

Victoria

Pogorzelski v Latrobe City Council [2020] VSC 718
ADMINISTRATIVE LAW – Judicial review – Application to review decision of VCAT not to extend planning permit – Natural justice - Whether applicant was put on notice of issues – Whether Tribunal failed to take account of relevant considerations - No error - Planning and Environment Act 1987 (Vic) s 69(2) - Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148 - SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152, Commissioner for ACT Revenue v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 applied.

Chadwick v Frankston CC [2020] VCAT 1264
Section 82 Planning and Environment Act 1987; Frankston Planning Scheme; General Residential Zone; Three dwellings; Rear laneway; Amenity

123 Balcombe Pty Ltd v Kingston CC [2020] VCAT 1257
Section 79 Planning and Environment Act 1987, Kingston Planning Scheme, neighbourhood character, incremental housing change, proximity to Major Activity Centre, housing policy, building height, building typology, overshadowing, overlooking.

Hargreaves v Melbourne CC [2020] VCAT 1271
Melbourne Planning Scheme; General Residential Zone, Schedule 2; Heritage Overlay, Schedule 3; Partial demolition and construction of two dwellings on a lot less than 300 square metres; Site coverage; Height; Massing; Visual bulk; Heritage significance; Integration with the street; Side and rear setbacks; Overlooking; Overshadowing; Car parking; Construction over easement.

Bellong Pty Ltd v Mitchell SC [2020] VCAT 1256
Mitchell Planning Scheme; Application pursuant to Section 79 of the Planning and Environment Act 1987; General Residential Zone (GRZ1); 69 lot residential subdivision; Council supports but 2 proposed conditions in dispute; Requirement to retain trees within a reserve; Requirement to increase size of lots; Seymour structure plan; Balancing policy; Character; Native vegetation assessment and retention; Opportunity to prepare an amended proposal.

Lamacchia v Darebin CC [2020] VCAT 1242
Section 77 of the Planning and Environment Act 1987. Darebin Planning Scheme. General Residential Zone. Two double-storey dwellings. Neighbourhood character. Off-site amenity impacts.

Glenbothe Pty Ltd v Glen Eira CC [2020] VCAT 1231
Section 77 of the Planning and Environment Act 1987; Glen Eira Planning Scheme; Caulfield South Neighbourhood Centre; Adopted City Plan; Six Storey Building; Interface with Neighbourhood Residential Zone; Building Scale.

Sintra Investments Pty Ltd v Banyule CC [2020] VCAT 1243
Section 77 Planning and Environment Act 1987; Banyule Planning Scheme; Demolition; Height; Visual Bulk; Overlooking; Neighbourhood Character; Housing Diversity; Housing Affordability; Environmental Significance.

Binbeal Fields Pty Ltd v Baw Baw SC [2020] VCAT 1246
The proposal is for a seven lot subdivision of the review site. Application under section 79 of the Planning and Environment Act 1987 – to review the failure to grant a permit within the prescribed time.[2]

The Edge Development Group Pty Ltd v Bayside CC [2020] VCAT 1227
Section 80 of the Planning and Environment Act 1987, electronic signs, conditions requiring deletion of some signs and restriction to illumination hours of others, disturbance of neighbours some distance away

Williams v Port Phillip CC [2020] VCAT 1164
Section 79 Planning and Environment Act 1987; Port Phillip Planning Scheme; Neighbourhood Residential Zone; Heritage Overlay; Extension to dwelling; Heritage; Amenity.

PMT Developers Pty Ltd v Mornington Peninsula SC [2020] VCAT 1235
Section 77 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone; Design and Development Overlay- Schedule 1; Four double storey dwellings; Neighbourhood character; amenity

Victton Pty Ltd v Melbourne CC [2020] VCAT 1233
Section 149(1)(a) of the Planning and Environment Act 1987; extension of time for planning permit; section 81(1) of the Planning and Environment Act 1987; extension granted for period other than what was sought; jurisdiction.

348-354 Hawthorn Road Pty Ltd v Glen Eira CC [2020] VCAT 1211
Section 77 Planning and Environment Act 1987, Building height, visual bulk, activity centre planning, access from category 1 road, overlooking, impact on solar panels.

Michaelidis v Boroondara CC [2020] VCAT 1239
Section 79 of the Planning and Environment Act 1987; Boroondara Planning Scheme; Neighbourhood Residential Zone Schedule 3; two side by side double storey dwellings; neighbourhood character; northern aspect; setbacks; tree protection.

Atkins v Campaspe SC [2020] VCAT 1229
Campaspe Planning Scheme; General Residential Zone Schedule 1; Re-subdivision/consolidation of land; Partial removal of reserve; Council as the planning authority and the responsible authority; Amenity impacts; Buffer to industrial land. 

Central Victorian Welding and Fabrication Pty Ltd v Greater Bendigo CC (No 2) [2020] VCAT 1225
Greater Bendigo Planning Scheme clause 66.02-7 and clause 53.10; Victorian Civil and Administrative Tribunal Act 1998 Schedule 1 clause 62; Industry (manufacture and maintenance of mining and agricultural equipment); Whether permit application was required to be referred to the EPA; Whether permit application, as amended by the Tribunal, would have been required to be referred to the EPA; Whether any failure to refer the permit application to the EPA should be disregarded

Honghai Investments Pty Ltd v Whitehorse CC [2020] VCAT 1217
Section 77 of the Planning and Environment Act 1987; Whitehorse Planning Scheme; General Residential Zone Schedule 1; Significant Landscape Overlay Schedule 9; Multiple Dwellings; Neighbourhood Character; Landscaping; Amenity Impacts

Rococo Holdings Pty Ltd v Bayside CC [2020] VCAT 1228
Section 87A of the Planning & Environment Act 1987; Bayside Planning Scheme; Commercial 1 Zone; Category 1; Electronic Signage; Major Promotion Signage; Driver Distraction; 24 hour minimum dwell time; 30 second minimum dwell time. 

Dahlitz v Surf Coast SC [2020] VCAT 1220
Section 82 Planning and Environment Act 1987, Surf Coast Planning Scheme, overlooking, building on boundary, noise, building bulk.

Camerlengo v Moonee Valley CC [2020] VCAT 1221
Moonee Valley Planning Scheme, Section 79 Planning and Environment Act 1987, General Residential Zone – Schedule 1, Heritage Overlay – Schedule 1, Demolition of non-contributory dwelling, outbuilding and boundary fencing, Construction of double storey outbuilding with boundary fencing and consideration of relevant matters under a Heritage Overlay.

Mazzacca v Frankston CC [2020] VCAT 1214
Review of refusal to grant a permit. Amended proposal acceptable to responsible authority. General Residential Zone. Frankston Planning Scheme. Four dwellings on a lot.

Kopyssov v Whitehorse CC [2020] VCAT 1206
Section 82 Planning and Environment Act 1987, Whitehorse Planning Scheme, overshadowing of secluded private open space, overlooking, tree protection, overdevelopment, two crossovers, loss of on-street car parking.

Kilibarda v Knox CC [2020] VCAT 1207
Section 77 Planning and Environment Act 1987; Knox Planning Scheme; General Residential Zone; Two dwellings; Side-by-side arrangement; Neighbourhood Character

Tonkin v Darebin CC [2020] VCAT 1176
To amend the endorsed plans accompanying Permit C/492/2018 to relocate the proposed outbuilding 0.875 metres from the north boundary. Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant an amended permit.

Gauci v Stonnington CC [2020] VCAT 1200
Alterations and additions to a dwelling incorporating an extension to the existing three storey dwelling, A variation is also sought to the building height under the Design and Development requirements of the Activity Centre Zone, Schedule 1. Application under section 77 of the Planning and Environment Act 1987 –no permit

Tanyam Nomineees Pty Ltd v Whittlesea CC [2020] VCAT 1166
Section 77 Planning and Environment Act 1987; Whittlesea Planning Scheme; General Residential Zone; Vegetation Protection Overlay; Development Contributions Overlay; Neighbourhood Interface Area; Multi dwelling development; Vegetation removal; Neighbourhood character; Internal amenity; Landscaping

NSW

Reysson Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2020] NSWCA 281
ENVIRONMENT AND PLANNING – words and phrases – whether primary judge erred in finding identification of “coastal wetlands and littoral rainforests area” in s 6 of the Coastal Management Act 2016 (NSW) being land identified by State Environmental Planning Policy (Coastal Management) 2018 (NSW) as “being land which displays the hydrological and floristic characteristics of coastal wetlands or littoral rainforests” or adjoining such land not a jurisdictional fact ENVIRONMENT AND PLANNING – words and phrases – whether the “proximity area” in the Coastal Wetlands and Littoral Rainforests Area Map corresponds in meaning to “adjoining” land in s 6(1) of the Coastal Management Act – whether proximity area or buffer zone is both rational and proportionate as a legislative device to serve the objects of both the Environmental Planning and Assessment Act and the Coastal Management Act ENVIRONMENT AND PLANNING – words and phrases – Governor’s power is to make an environmental planning instrument – whether Governor must have regard to, approve or do anything at all in relation to making the Coastal Wetlands and Littoral Rainforests Area Map

Gill v Waverley Council [2020] NSWLEC 1552
MODIFICATION APPLICATION – pergolas on roof terrace with landscaping – substantially the same assessment – solar access assessment

Brazete Investments Pty Ltd v North Sydney Council [2020] NSWLEC 1544
DEVELOPMENT APPLICATION – alterations and additions to a residential flat building – draft heritage item – heritage conservation area

Miller v Inner West Council [2020] NSWLEC 1543
DEVELOPMENT APPEAL – residential – conciliation conference – desired future character – bulk and scale – landscape, site coverage and FSR development standards non-compliance – cl 4.6 written variation requests – agreement between the parties – orders

41 Robey Pty Ltd v Randwick City Council [2020] NSWLEC 1541
DEVELOPMENT APPLICATION — boarding house development – compatibility with the character of the local area – side setbacks – internal amenity – amenity impacts on adjoining development – impact on the heritage significance of adjoining heritage items

Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1540
DEVELOPMENT APPLICATION – Seniors housing development – local heritage item – impact on the heritage significance of the heritage item – contravention of the accessibility standards for self-contained dwellings in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2020] NSWLEC 152
EVIDENCE - Notice of Motion by the Applicant for leave to file and serve expert evidence in Class 4 proceedings - insufficiently precise identification of propositions/questions proposed to be subject of the expert evidence - refinement of areas of proposed expert evidence - need to ensure expert evidence had relevance to the alleged impacts on New South Wales - leave granted for filing and serving expert evidence from nominated expert on specified propositions/questions - position of Respondent to consider seeking leave for expert evidence in reply preserved

DVCI Pty Ltd v City of Parramatta Council (No 3) [2020] NSWLEC 1534
DEVELOPMENT APPLICATION – child care centre – conditions of consent

Staldone Rosedale Pty Ltd v Lane Cove Council [2020] NSWLEC 1533
DEVELOPMENT APPEAL: boarding house development – R4 High Density Residential zone – whether compatible with the character of the local area – site isolation – traffic impacts in the locality

Staldone Rosedale Pty Ltd v Lane Cove Council [2020] NSWLEC 1532
DEVELOPMENT APPEAL – boarding house development – R4 High Density Residential zone – whether compatible with the character of the local area – site isolation – clause 4.6 written request – exceedance of height control

GM Architects Pty Ltd v Strathfield Council [2020] NSWLEC 1522
DEVELOPMENT APPLICATION – Abbotsford Road heritage conservation area – boarding house development – cl 30AA boarding houses in Zone R2 Low Density Residential – cl 30A character of the local area

Legislation

Native Title Legislation Amendment Bill 2020
Senate 12 Nov 2020 - The Native Title Legislation Amendment Bill 2019 (the Bill) amends the Native Title Act 1993 (Native Title Act) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) to improve native title claims resolution, agreement-making, Indigenous decision-making and dispute resolution processes.

Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2020
HR 09 November 2020 - A Bill for an Act to create duties to consider climate change impacts and to deal with consequential and transitional matters arising from the enactment of the Climate Change (National Framework for Adaptation and Mitigation) Act 2020.

Climate Change (National Framework for Adaptation and Mitigation) Bill 2020
HR 09 November 2020 - A Bill for an Act to establish a national climate change adaptation and mitigation framework, and to establish the Climate Change Commission.

Amendment to the list of threatened species made under section 178 of Environment Protection and Biodiversity Conservation Act 1999 (227)
03/11/2020 - This instrument amends the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 by including Antrophyum austroqueenslandicum (Lamington Ox Tongue Fern) in the Critically Endangered category.

Victoria

Acts
No 31 Cladding Safety Victoria Act 2020 (Vic)
Date of assent: 4 November 2020

No 32 Consumer Legislation Amendment Act 2020 (Vic)
Date of assent: 4 November 2020
Part 2—Amendment of Residential Tenancies Amendment Act 2018
Part 4—Amendment of Retirement Villages Act 1986

Victorian legislation can be accessed here.

NSW

Regulations and other miscellaneous instruments
Community Land Management Amendment (COVID-19) Regulation (No 2) 2020 (2020-659) — published LW 12 November 2020
Environmental Planning and Assessment Amendment (Western Harbour Tunnel and Warringah Freeway Upgrade Project) Order 2020 (2020-663) — published LW 13 November 2020
Environmental Planning and Assessment Amendment Regulation 2020 (2020-662) — published LW 13 November 2020
Protection of the Environment Operations (General) Amendment (COVID-19 Audio and Audio Visual Links) Regulation 2020 (2020-665) — published LW 13 November 2020
Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020 (2020-660) — published LW 12 November 2020

Environmental Planning Instruments
State Environmental Planning Policy Amendment (Concurrence and Referrals) 2020 (2020-667) — published LW 13 November 2020
State Environmental Planning Policy (Three Ports) Amendment (Shipping Containers) 2020 (2020-651) — published LW 6 November 2020

Bills introduced – 13 November 2020
Government
Bushfires Legislation Amendment Bill 2020
Non-Government
Environmental Planning and Assessment Amendment (Review of Land Decisions) Bill 2020
Independent Commission Against Corruption Amendment (Property Developer Commissions to MPs) Bill 2020

Bills passed by both Houses of Parliament – 13 November 2020
Retirement Villages Amendment Bill 2020
Community Land Management Amendment (COVID-19) Regulation (No 2) 2020 (2020-659) — published LW 12 November 2020
Environmental Planning and Assessment Amendment (Western Harbour Tunnel and Warringah Freeway Upgrade Project) Order 2020 (2020-663) — published LW 13 November 2020
Environmental Planning and Assessment Amendment Regulation 2020 (2020-662) — published LW 13 November 2020
Protection of the Environment Operations (General) Amendment (COVID-19 Audio and Audio Visual Links) Regulation 2020 (2020-665) — published LW 13 November 2020
Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020 (2020-660) — published LW 12 November 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