27 October 2020
The Victorian Government announces consultation on a new Waste Authority
Statement by Vicky Darling on the public consultation on an Options Paper for Waste and Recycling legislation and governance (14 October 2020). More...
Victorian Forestry Plan plantations and timber innovation underway
The Victorian Forestry Plan is in full swing with the latest rounds of grants and activities coming online earlier this month to support the forest industry’s transition out of native timber harvesting to a plantation-based supply by 2030 (14 October 2020). More...
EPA fines company over sludge at Sunshine West
Environment Protection Authority Victoria (EPA) has fined a company that reconditions waste chemical containers after EPA officers found sludge that contained Prescribed Industrial Waste (PIW) being discarded in a general waste skip bin on its Sunshine West site (14 October 2020). More...
EPA grants Steritech Works Approval
Environment Protection Authority Victoria (EPA) has issued a Works Approval under Section 19B of the Environment Protection Act for new air pollution control equipment at a medical and quarantine product sterilisation facility in Dandenong. (14 October 2020). More...
Screen Culture Centre Raises Curtain on $40m Redevelopment
Australia’s national museum of screen culture, ACMI, has revealed digital plans as part of its $40 million redevelopment in Melbourne’s Federation Square (13 October 2020). More...
Media statement - West Gate Tunnel Project
The EPA has approved an Environment Management Plan (EMP) for Cleanaway’s Ravenhall landfill as part of their application to receive tunnel boring machine spoil from the West Gate Tunnel Project. New regulations under section 71 of the Environment Protection Act 1970 allow for the management and disposal of tunnel boring machine (TBM) spoil to protect human health and the environment. (12 October 2020). More...
Property Council releases plan for rebooting Melbourne
Ahead of the City of Melbourne Council elections, the Property Council has released an election platform, Rebooting Melbourne, A Plan for Jobs, Economic Growth and Revitalising the CBD. The election platform identifies eight recommendations for an incoming City of Melbourne Council to boost economic activity, create jobs and build confidence across the City of Melbourne (09 October 2020). More...
Floodproofing Key to Forza’s Carpark Adaptation
Forza Capital has lodged plans to add an 11-storey office building atop a 470-bay Abbotsford carpark at risk of being inundated by a once-in-100-years flood from the Yarra River (08 October 2020). More...
EPA approves Camperdown compost expansion
The facility, at 445 Sandys Lane, will go from an existing licensed capacity of 24,000 tonnes per year to 50,000 tonnes and upgrade its composting technology and site infrastructure. In giving the project its approval, EPA has included routine Works Approval conditions as well as specific conditions for this proposal that require (08 October 2020). More...
Localising Sustainable Development Goals
The University of Melbourne’s Connected Cities Lab and the City of Melbourne will work together to implement the United Nations’ Sustainable Development Goals (SDGs) (08 October 2020). More...
Shepparton’s WWII Italian Ossario Makes Heritage Register
Greater Shepparton’s Italian Ossario has been added to the Victorian Heritage Register, as part of commemorations to mark the 75th anniversary of the end of World War Two (08 October 2020). More...
Construction Starts on Build-to-Rent Project in Brunswick
Property developer Pellicano has kicked-off construction on its build-to-rent project in Melbourne’s inner-north suburb of Brunswick, targeting a 2022 completion date (07 October 2020). More...
Parking still free but time restrictions to resume
The City of Melbourne will begin enforcing time restrictions for on-street parking to create more vehicle turnover and improve access to businesses and essential services in the city (07 October 2020). More...
Work on a new pedestrian route between Docklands and the CBD begins
The new, permanent walkway under the rail line between Flinders Street and Southern Cross Station will link the Melbourne Quarter redevelopment to the rest of the city, making it one of Melbourne’s most pedestrian-friendly precincts (07 October 2020). More...
Development on Yarra River’s North bank sails on
The revitalisation of the historic goods shed beside Melbourne’s Yarra River will become the centre of a $500 million hotel and apartment project, with its developer still targeting a 2023 completion date despite Covid-19 restrictions (06 October 2020). More...
Environmental conservation the focus of $70 million housing approval in Appin
Crucial koala habitat in Sydney’s south west has been preserved as part of a rezoning approval for a $70 million housing estate in Appin. Minister for Planning and Public Spaces Rob Stokes said approximately two-thirds of the site, equating to 39 hectares, had been set aside for environmental conservation (13 October 2020). More...
Workers have no plans to return the city, so developers are taking to the suburbs
The race is on for development projects across Metropolitan Sydney with plans lodged for a variety of mixed-use assets to cater for the pandemic-struck home workers who want an office – but not in the CBD (10 October 2020). More...
More affordable housing for Redfern students
A $64 million construction project in Redfern has received fast-tracked approval under the NSW Government’s Planning System Acceleration Program (08 October 2020). More...
EPA prosecutes Forestry Corporation for alleged breaches in koala exclusion zones
The NSW Environment Protection Authority (EPA) has commenced five prosecutions in the Land and Environment Court against Forestry Corporation of NSW for allegedly breaching licence requirements in 2018 in Wild Cattle Creek State Forest, inland from Coffs Harbour (08 October 2020). More...
Parts of Bondi Beach would be roped off for exclusive European-style club with private cabanas under plan
A plan to rope off part of Bondi's famous sands to create a European-style beach club where people can pay to sip cocktails in a cabana is being considered by Waverley Council (07 October 2020). More...
NSW Government finalises koala SEPP
The NSW Government has agreed on the details of the koala protection policy, which strikes a balance between safeguarding the future of our national icon while ensuring certainty for farmers (07 October 2020). More...
Forecast wet weather signals need for builders to set the site right
With higher than average rainfall predicted for Sydney and surrounding regions throughout the remainder of 2020, builders and home renovators are urged to get their sites right to avoid needless pollution of local waterways (06 October 2020). More...
High-rise neighbours blast decision on $2 billion riverside development
A report commissioned by neighbours of a Dexus development on the Brisbane riverfront argues the development needs to be reassessed by the council (13 October 2020). More...
Limitless Lodges Medi-Hotel plans
Developer Limitless plans to build a 173-room medi-hotel in Brisbane as health-focused developments ramp up in the wake of Covid (08 October 2020). More...
Build-to-rent pilot project
The Property Council welcomes announcement regarding the Government’s preferred proponents for its Build-to-Rent pilot project. This is as an important step in demonstrating how Government and the private sector can work together to deliver this new housing model in Queensland (08 October 2020). More...
Glass tower over Brisbane CBD church back under planning cloud
Charter Hall plans to change the overall design to appear like two slimline towers, adding more green space around the church and tower (07 October 2020). More...
COVID-19 Relief and Recovery funding for conservation, tourism and infrastructure upgrades at National and World Heritage places
On 1 October 2020 the Australian Government announced funding of $33.5 million from the $1 billion COVID-19 Relief and Recovery Fund for heritage upgrades across 23 national and world heritage sites. This funding will support 33 projects (13 October 2020). More...
2020 Finalised Priority Assessment List (FPAL) of species, ecological communities and threatening processes
The 2020 Finalised Priority Assessment List (FPAL) of species, ecological communities and threatening processes for assessment in the period beginning 1 October 2020 has been released. The Minister and the Threatened Species Scientific Committee have agreed to consider further nominations of fire-affected species and ecological communities through the coming year. More...
Current Inquiries and Consultations
Protecting Critical Infrastructure and Systems of National Significance
Reef 2050 Long-Term Sustainability Plan Review
Review of the Lands Acquisition Act 1989 (Cth),
Industry update on export ban of waste glass
The export ban on waste glass will now commence on 1 January 2021. More...
Have you say on the draft guidelines for precinct structure planning in Melbourne’s Greenfields
The Victorian Planning Authority and DELWP are updating the Guidelines for Precinct Structure Planning in Melbourne’s Greenfields to make planning for Melbourne’s new neighbourhoods more flexible, responsive and innovative. Have your say by completing the online survey, making a submission on behalf of your organisation or registering for a virtual stakeholder interview (15 October 2020). More...
Proposed AmendmentC42BENA to the Benalla Planning scheme
Amendment C42bena to the Benalla Planning Scheme proposes to change the planning provisions for surplus Department of Education and Training land, being the former Benalla College Oval at Gay Street, Benalla. Planning scheme amendment C42bena to the Benalla Planning Scheme has been prepared to reflect that the site is no longer required for a public purpose and to facilitate its sale by: Rezoning the site from Public Park and Recreation Zone to General Residential Zone – Schedule 1 (15 October 2020). More...
Proposed Amendment C255GBEN to the Bendigo Planning scheme
Amendment C255gben to the Greater Bendigo Planning Scheme proposes to make changes to the planning provisions for surplus La Trobe University land at 2 Osborne Street, Flora Hill. The amendment proposes to rezone the site from Public Use Zone 2 – Education to a new Residential Growth Zone – Schedule 2, apply a new Development Plan Overlay – Schedule 30, apply the Heritage Overlay to a portion of the site, being the curtilage to the locally significant ‘Eumana’ house and its two significant Oak trees and amend the schedule to Clause 72.04 to insert a new incorporated document, the Eumana Heritage Place Statement of Significance, October 2019. Further information is available here (01 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
City of Melbourne Annual Report 2019–20
A meeting of the Melbourne City Council will be held on 20 October 2020. At this meeting of Council, the Annual Report 2019–20 will be considered. More...
City of Melbourne: View all current tenders
See Tenders for more information on the tendering process and procurement policy, closed and awarded tenders. View all current tenders
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...
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 (07 October 2020). More...
NSW Land and Environment Court
Notices of Motion Before the Registrar
6 October 2020 - The Court's use of of Online Court is expanding to include the adjudication of Notices of Motion that are listed for return before the Registrar. Parties can request to have a Notice of Motion listed for adjudication using Online Court or other means (by Teams or in person) if considered appropriate and in accordance with the Court's COVID-19 Pandemic Arrangements Policy.
NSW Revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers (including first home buyers) with a grant of $25,000 to build a new home or substantially renovate an existing home where the contract is signed between 4 June 2020 and 31 December 2020. Construction must commence within three months of the contract date. More...
NSW to continue support for COVID-impacted tenants and landlords
The NSW Government has a six-month extension of the measures put in place to help residential tenants and landlords financially disadvantaged by COVID-19 from 23 September 2020 and extending the 90 day minimum period of notice landlords must give tenants for certain other evictions not related to rental arrears. An amendment to the Residential Tenancies Act is required to extend one measure under the package and an amendment will be introduced into the NSW Parliament this week to allow its passage before the measure expires on October 15. More...
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 here. The consultation period will be open from 21 September until 8 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. More...
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...
P&E Court to resume in-person ADR conferences
In-person ADR conferences have resumed in the Planning and Environment Court as of 28 September. More...
The Queensland Government has introduced the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020. September 28 2020. To find out more about the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020 and the supporting technical documents, please click here (September 2020).
A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions (October 2020). More...
Queensland Planning Legislation
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. The Minister for Planning has extended the COVID-19 emergency applicable event to 31 October 2020. More...
FC (High St Windsor) Pty Ltd v Stonnington CC  VCAT 1081
Section 79 Planning and Environment Act 1987, Stonnington Planning Scheme, Activity Centre Zone – Schedule 1, preferred maximum height, built form, impact on heritage streetscape, visual bulk, overlooking, overshadowing, significant community benefit.
Puszka v Mornington Peninsula SC  VCAT 1146
Construction of a double storey dwelling and removal of some trees and vegetation. Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.
Wallace Avenue Developments Pty Ltd v Stonnington CC  VCAT 1150
Section 79 Planning and Environment Act 1987, Commercial 1 Zone, Design and Development Overlay – Schedule 9, seven storey building, visual bulk, activity centre planning, building on boundary, overlooking, overshadowing.
The Village Building Company v Greater Dandenong CC  VCAT 1147
Section 79 of the Planning & Environment Act 1987; Greater Dandenong Planning Scheme; General Residential Zone; Construction of nine dwellings; Public open space; Removal of vegetation; Acoustic impact from EastLink traffic
Destino Investments Pty Ltd v Hobsons Bay CC  VCAT 1105
Applications under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
Construction of five storey buildings on three adjoining sites at 102, 104 and 106 Pier Street, Altona.
Smith v Yarra CC  VCAT 1140
Section 82 of the Planning and Environment Act 1987; Yarra Planning Scheme: Neighbourhood Residential Zone; Heritage Overlay; Partial demolition and extension to dwelling; Heritage Policy; Neighbourhood character; ResCode
25 Ellingworth Parade Pty Ltd v Whitehorse CC  VCAT 1138
To develop the land for a thirteen-storey office building (plus rooftop plant)comprising 8668m2of floor area. Retail is proposed at ground level(537m2). Basement car parking, accessed from the rear lane will provide for117cars in a mix of stackers and free spaces. Nature of proceeding Application under section 79 of the Planning and Environment Act 1987–to review the failure to grant a permit within the prescribed time.
Plenty & Dundas Pty Ltd v Yarra CC  VCAT 1131
Yarra Planning Scheme, Section 79 of the Planning and Environment Act 1987; proposal for part-demolition of existing period commercial building and the use and construction of 13 townhouses and associated car parking dispensation; proposal put forward in the context of the proposed Amendment C231 and associated Panel Report; various neighbour objections and Council does not support proposal; Tribunal hearing; key issues of the heritage merits of the proposal, its degree of strategic planning support; car parking and traffic issues; visual bulk concerns plus external and internal amenity issues. http://classic.austlii.edu.au/au/cases/vic/VCAT/2020/1131.html
Australian Leisure and Hospitality Group Pty Ltd v Monash CC  VCAT 1093
To amend condition 34 and 37 of Permit TPA/25851/B to allow background music on the decking of the hotel.
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant an amended permit.
Transport for NSW v East Coast Wharf Constructions Pty Ltd; Transport for NSW v King  NSWLEC 112
PROSECUTION - prosecutions commenced by three Summonses against each of a corporate and an individual defendant - individual Defendant prosecuted under special executive liability provision of the Protection of the Environment Operations Act 1997 for the offending conduct of the corporate Defendant - “not guilty” pleas entered by each Defendant to each charge - Prosecutor agrees not to pursue Summons alleging Tier 1 offence by each Defendant - each Defendant then pleads guilty to the two remaining Tier 2 charges laid against that Defendant - sentencing hearing held PENALTIES - corporate Defendant to be convicted -guilty plea entered to two remaining charges - need to provide for both specific and general deterrence - indicative starting sentences of $40,000 and $90,000 - plea of guilty not entered at earliest opportunity but of more than minor utilitarian value - discount of 10% on starting penalties - impact of imposition of order for payment of Prosecutor’s costs - consideration of totality and accumulation of penalties - total fine of $105,000 imposed PENALTIES - individual Defendant to be convicted -guilty plea entered to two remaining charges - need to provide for both specific and general deterrence - indicative starting sentence of $12,000 and $27,000 - discount of 10% for the guilty pleas - impact of imposition of order for payment of Prosecutor’s costs - consideration of totality and accumulation of penalties - total fines of $28,000 imposed PUBLICATION ORDER - Prosecutor seeks publication order - Prosecutor proposes publication in Afloat Magazine, Daily Telegraph and the Manly Daily publications - Defendants resist the making of any publication order - appropriate to make a publication order - notice to be published ordered in Plain English terms, terms differing from those sought by the Prosecutor - appropriate to order publication of notice in Afloat Magazine, and the Manly Daily but not in the Daily Telegraph - method of specification of effecting publication in newspaper now only published online - publication order expressly created by the Protection of the Environment Operations Act 1997 as being in addition to, and not in substitution for, any element of the appropriate penalty to be imposed on each Defendant - not appropriate to reduce the penalty imposed on each Defendant as a consequence of making a publication order
38 Bond St Partnership v Randwick City Council  NSWLEC 1491
DEVELOPMENT APPLICATION – residential apartment development – State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development – meaning of qualified designer under Environmental Planning and Assessment Regulation 2000 – cl 50(1AB) of the Environmental Planning and Assessment Regulation 2000 – statement by designer – habitable roof space – loss of views
Vella v Nergl Developments Pty Ltd & Ors  NSWSC 1405
LAND LAW – Easements – Modification of easements – Heads of Agreement (“Heads”) record an agreement to settle proceedings after a mediation – Heads provide for the registration of a right of carriageway over certain rural land and the lifting of caveats over that land – several disputes arise between the parties in relation to the performance of the Heads – what is the precise width and configuration of the easement at its southern end – whether the Heads imply the creation of a supplementary easement to permit the completion of the construction of a sealed roadway along the easement – at what point of time should the caveats be removed – what does the Heads require for the easement to be put in registrable form. EQUITY – Equitable remedies – Specific performance – specific performance sought of Heads – whether a further deed is required to give effect to the existing Heads – whether a decree for specific performance of the Heads should be granted and if so, on what terms.
Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council  NSWLEC 1487
DEVELOPMENT APPEAL – boarding house – character and streetscape – site isolation – amenity of future lodgers – solar access to adjoining private open space – interpretation of a savings provision requiring a determination of a development application as if the plan had not commenced – orders
Cooper v The Owners – Strata Plan No 58068  NSWCA 250
LAND LAW – strata schemes – by-laws – scope of subject-matter – purposive limits to the power to make by-laws – Strata Schemes Management Act 2015 (NSW), s 136(1) LAND LAW – strata schemes – by-laws – restrictions on by-laws – requirement that by-law not be harsh, unconscionable or oppressive – whether by-law imposing blanket prohibition on keeping animals contravenes provision – Strata Schemes Management Act 2015 (NSW), s 139(1) STATUTORY INTERPRETATION – use of dictionaries – whether three words comprise a composite statutory criterion WORDS AND PHRASES – “harsh, unconscionable or oppressive” – Strata Schemes Management Act 2015 (NSW), s 139(1)
Jun v Northern Beaches Council  NSWLEC 1483
DEVELOPMENT APPLICATION – demolition and construction of a three-storey dwelling house – proposed development contravenes the height of buildings and floor space ratio development standards – consideration of applicant’s written requests made pursuant to clause 4.6 of the Manly Local Environmental Plan 2013
Alexandrou v Valuer General of NSW  NSWLEC 139
VALUATION OF LAND – consideration of Strata Scheme Development Act 2015 irrelevant to hypothetical valuation of vacant land required by Valuation of Land Act 191
HP Subsidiary Pty Ltd v City of Parramatta Council  NSWLEC 135
DEVELOPMENT APPLICATION – residential flat buildings – jurisdictional preconditions to grant of consent – satisfaction of preconditions – traffic generated by development – whether traffic management works required to prevent illegal manoeuvres – whether development not to be approved until traffic management works constructed
Ng v Wisdom Properties Group Pty Ltd  NSWSC 1359
CIVIL PROCEDURE – subpoena – application to set aside – where documents sought date from 1997 to 2020 – where production of documents would not necessarily obviate need for physical investigation of site CIVIL PROCEDURE – subpoena – application to set aside – secondary purpose of subpoena to obtain evidence to justify a cross claim
Ritchie v Blacktown City Council  NSWLEC 1474
MODIFICATION APPLICATION – alter condition requiring designation of all four dwellings of two dual occupancies as affordable rental housing requiring only one – whether all dwellings should be so designated – if not, whether one from each of two dwellings should be designated – statutory construction – public interest
The Owners – Strata Plan No 76317 v Ho  NSWCATAP 205
ADMINISTRATIVE LAW – Civil & Administrative Tribunal (NSW) – appeal on a question of law, substantial miscarriage of justice, appointment of a compulsory strata manager, orders disproportionate to alleged failings of Owners Corporation
Abdullah v Strathfield Municipal Council  NSWLEC 1467
Modification application – add bedroom to approved dwelling – bedroom had been required to be deleted as a condition of consent sought to be modified – bulk and scale – character – compliance with controls in local environmental plan – whether provisions of development control plan met
Harbour Port East Coast Pty Ltd v Sutherland Shire Council  NSWLEC 1456
DEVELOPMENT APPLICATION – development within Zone W2 Recreational Waterways – water recreation structures – mooring pen – is information about vessel in a pen required in order to assess visual impact – visual impact on view from the waterway – visual character of locality – potential interference with navigation
Talramp Pty Ltd v Chief Executive Department of Transport and Main Roads  QPEC 53
PLANNING AND ENVIRONMENT – APPEAL AGAINST THE DECISION OF THE CHIEF EXECUTIVE, DEPARTMENT OF TRANSPORT – Where decision limited access to Talramp’s property – Where part of the subject land fronts onto the Warrego Highway – Where applicant alleged a number of errors in the decision making process – Where alternative routes for outgoing and incoming traffic from Talramp’s property were advanced on behalf of the respondent – ONUS – which party bore the onus of proof - Transport Infrastructure Act 1994 Qld; Transport Planning and Co-Ordination Act 1994 Qld
Native Title Amendment (Infrastructure and Public Facilities) Bill 2020
09/10/2020 - The Native Title Amendment (Infrastructure and Public Facilities) Bill 2020 (the Bill) amends the Native Title Act 1993 (the Native Title Act) to extend the operation of Subdivision JA for another 10 years.
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Sydney International Speedway) Order 2020 (2020-620) — published LW 16 October 2020
Environmental Planning and Assessment Amendment (Sydney Metro West) Order 2020 (2020-615) — published LW 16 October 2020
Biodiversity Conservation Legislation Amendment Regulation 2020 (2020-598) — published LW 9 October 2020
Government Sector Finance Amendment (Independent Planning Commission) Regulation 2020 (2020-600) — published LW 9 October 2020
Uniform Civil Procedure (Amendment No 94) Rule 2020 (2020-604) — published LW 9 October 2020
Environmental Planning Instruments
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (The Rocks Outdoor Dining) 2020 (2020-611) — published LW 15 October 2020
State Environmental Planning Policy (Koala Habitat Protection) Amendment (Miscellaneous) 2020 (2020-618) — published LW 16 October 2020
Bills introduced Government
Local Land Services Amendment (Miscellaneous) Bill 2020
Marine Pollution Amendment (Review) Bill 2020
Road Transport Legislation Amendment Bill 2020
Stronger Communities Legislation Amendment (Miscellaneous) Bill 2020
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.