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Inside track: Planning, Environment & Sustainability

28 September 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Walker Corp goes green with new loans on flagship towers
Property developer Lang Walker has struck an agreement with leading banks to create green loans for its flagship assets (08 September 2021).  More...

$7 million for recycling in regional and remote Australia
The Morrison Government has announced $7 million for recycling in regional and remote Australia as it continues to create jobs and help our environment by turbocharging Australia’s waste and recycling industry (14 September 2021).  More...

Race to save frogs, quokkas, parrots and koalas from extinction helped by new threat database
It's hoped a comprehensive database of threats to endangered species that are on the National Threatened Species List under the Environment Protection Biodiversity Conservation Act, can help halt Australia's terrible record of extinctions (10 September 2021).  More...

Reimagining the Australian city
A panel of urban planning experts will explore how COVID-19 is shifting the parameters on how Australia’s future cities should look and examine whether it’s time to revisit some ideas from the past (09 September 2021).  More...

New energy efficiency standards for Australian homes
The ABCB released draft National Construction Code provisions on energy efficient residential buildings for public consultation until 17 October, 2021. The Australian Sustainable Built Environment Council welcomed the release of the public consultation draft as an important step change towards more healthy and comfortable homes for Australian families (07 September 2021).  More...

Victoria

Bendigo gets $47m social housing boost
Bendigo is in line for a housing boost with 120 new social and affordable dwellings slated for the regional city. Minister for Housing Richard Wynne said the new homes would replace 64 existing homes, and would provide a modern transformation of the area, as well as affordable housing for key workers (17 September 2021).  More...

Have your say on the future of Victoria’s parks
The Victorian Government has launched a new Parks Victoria Land Management Strategy (LMS) and is inviting Victorians to give feedback on how our parks will be managed into the future (16 September 2021).  More...

Court orders D & R Henderson to fund $80,000 enviro project
A conservation project at Winton Wetlands will receive $80,000 after the Benalla Magistrate’s Court ordered a particle board manufacturer to pay for the project instead of paying a fine (16 September 2021).  More...

Bid to boost Ballarat's brand as university town with $6m masterplan
Federation University says it wants to transform Ballarat into a university town with an upgrade of its CBD campus while also committing to a net-zero-emissions target (16 September 2021).  More...

EPA fines shire over old Monkey Gully landfill
EPA has fined Mansfield Shire Council more than $8,000 for environmental breaches at the closed landfill on Monkey Gully Rd, Mansfield. The fine for Mansfield Shire Council is for a breach of the PCPAN, which includes requirements covering landfill gas, leachate (liquid) and monitoring/reporting (16 September 2021).  More...

Local councils in Victoria investigate mandatory net zero carbon buildings, but that’s not all
If you want to build a house or building in certain Victorian locations, you may soon be obliged to meet mandatory net zero targets, thanks to the dedicated work of an alliance of councils in the state (15 September 2021).  More...

EPA suspends Barro licence for Kealba
Environment Protection Authority Victoria (EPA) has suspended the Barro Group’s licence to operate the Sunshine landfill in Kealba. The suspension relates to breaches caused by ongoing hotspots and odour impacting nearby residents (13 September 2021).  More...

Corkman Pub demolition developers lose appeal against jail sentence, $400k fine
Two cowboy developers who demolished the historic Corkman Pub are closer to spending their first night in prison after an appeal is denied by Victoria's highest court (09 September 2021).  More...

Vision for new suburban rail loop station revealed
Renders of the new Monash underground station have been released as part of the Victorian government’s proposed $50-billion suburban rail loop (08 September 2021).  More...

NSW

Waste and recycling operations can reopen to the public with COVID safety measures in place
Waste and recycling operations in NSW, including landfills, Community Recycling Centres, and charitable recyclers, can now recommence operations and reopen to the public in a safe and staged way (18 September 2021).  More...

EPA’s waste watching falls into place
The NSW Environment Protection Authority (EPA) has launched a plan to support innovative ways of managing waste, drive investment into the bush and provide certainty for communities (14 September 2021).  More...

Kiersten Fishburn appointed DPIE Secretary
Premier Gladys Berejiklian and Minister for Planning and Public Spaces Rob Stokes have announced the appointment of Kiersten Fishburn as the new Secretary of the NSW Department of Planning, Industry and Environment (07 September 2021).  More...

Queensland

Developer files 28-storey Chevron Island tower plan
A private developer has lodged plans for a residential tower on Chevron Island, a suburb currently awash with high-rise development as the booming local property market continues to gather pace (17 September 2021).  More...

Local developer files plans On Brisbane’s James Street
Local developer Forme has lodged plans for a mixed-use precinct in Fortitude Valley’s up-market James Street precinct, a few kilometres from Brisbane’s CBD (17 September 2021).  More...

The Spit’s last beachfront development site hits the market
A golden opportunity to develop the last beachfront site on The Spit is expected to draw international interest from development companies, and form part of Queensland’s economic recovery (16 September 2021).  More...

Developer lodges plans in ‘undervalued’ Mermaid Beach
Melbourne developer Hirsch and Faigen is moving ahead with plans for its third development on the Gold Coast as they look to take advantage of rising demand for new apartments and a looming under-supply of stock (15 September 2021).  More...

20-year Infrastructure plan to make inroads
The Department of State Development, Infrastructure, Local Government and Planning has released a detailed four-year program and a draft vision for the State’s infrastructure needs over the next two decades (14 September 2021).  More...

Project grants to beat hearts of communities
The DSDILGP has allocated funds to 12 not-for-profit groups to upgrade their community and job-readiness services. Projects include building new emergency refuge accommodation, upgrading community halls and creating new community hubs to support people with a disability or struggling with mental health. The full list of CIIP funding recipients can be accessed at this PS News link (14 September 2021).  More...

Olympic Stadium prompts 181-apartment tower plan
Developers are eyeing the $1-billion Olympic Stadium redevelopment, lodging an application for 181 apartments at a corner block near Brisbane’s Gabba. The latest application identified The Gabba at the “jewel of the Games” and it's substantial refurbishments as the main driver for the development (13 September 2021).  More...

It's the cheapest land in south-east Queensland but you can't buy it and the owners don't want to sell
The crush of development is being felt by long-term residents of Chambers Flat, south-east of Brisbane, who are being compensated just $20,000 by Logan City Council for 1,000-square-metre parcels of land (12 September 2021).  More...

On your marks: The $50b infrastructure blueprint that will carry us to the Olympics
The Palaszczuk Government’s will unveil a $52 billion blueprint for providing the transport, energy and other infrastructure to help set south-east Queensland on the road to the 2032 Olympics (09 September 2021).  More...

Queensland water utility wins appeal against 2011 flood damages ruling
In 2019, the Supreme Court in NSW found the Queensland government, Sunwater and Seqwater, had acted negligently and had contributed to the disaster, ordering more than 6,500 victims whose homes or businesses were damaged were entitled to almost $900 million in compensation (06 September 2021).  More...

Problems loom while south-east Queensland’s population booms
The population of Ripley Valley near Ipswich will double to 160,000 and Ipswich will double to 500,000 by 2040, yet there is no new rail line. Population growth is outstripping promises, the region’s politicians say (04 September 2021).  More...

In Practice and Courts

Announcements, Draft Policies and Plans released 2021

Victoria

Government land standing advisory committee tranche 30 – Grenville Street Daylesford
Hepburn Shire Planning Scheme Amendment C78hepb proposes to rezone part of a former rail reserve from Public Park and Recreation Zone to General Residential Zone - Schedule 1. The request also includes a small portion of the neighbouring residential property, 74 Grenville Street Daylesford, which is currently erroneously zoned Public Park and Recreation Zone (16 September 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.

Exhibitions
Colac Otway C116cola proposes Implements the findings of the Birregurra Flood and Drainage Strategy 2021.
Moira C93moir proposes to implement the findings of the Major Town’s Review (2018); implement the findings of the Yarrawonga Framework Plan (2020) and Yarrawonga Stormwater Drainage Strategy (2019); update the Planning Scheme by including new background documents which inform the planning scheme and future decision makers; and; rezone land in Numurkah to a zone which more accurately reflects the current use of the land and provides for short term industrial development.
Yarra C286yara proposes to increase the public open space contribution rate in the schedule to clause 53.01 from 4.5 per cent to 10.1 per cent to collect funds to support the implementation of the Yarra Open Space Strategy 2020.

NSW

PCA: Draft Recovery Plan for the Koala released for public consultation
The Federal Government has released the draft National Recovery Plan for the EPBC Act-listed Koala, identifying strategic actions to support recovery of the nationally threatened species. The public consultation period is open until 24 September 2021. 
For more information on the draft national recovery plan, please click here.
For more information on the draft conservation advice and listing assessment for the koala, please click here.

Call for nominations – threatened species, ecological communities or key threatening processes
Nominations are invited for species, ecological communities or key threatening processes to be considered for listing under national environment law during the assessment period starting 1 October 2021.  More...

Proposed Environmental Planning and Assessment Regulation 2021
Notification start-end date 05/08/2021 – 22/09/2021
We are seeking feedback on proposed changes to the Environmental Planning and Assessment Regulation 2000. These changes are detailed in the exhibition draft of the proposed Environmental Planning and Assessment Regulation 2021 and supporting materials at the attached link.  More...

Draft noise guide for local government
Public consultation closes on 27 September 2021. The draft Guide makes it easier to find information on the legislative framework to manage noise, who is responsible for managing noise, and the options for management. The draft Guide also reflects changes introduced by the Protection of the Environment (Noise Control) Regulation 2017 and other legislative changes since 2013. View the Draft Noise Guide for Local Government and frequently asked questions and have your say on the proposed changes.

Queensland

Koala habitat mapping update
The Queensland Government has released its annual update of the State’s Koala Habitat and Regulated Vegetation mapping. Koala Habitat now spans 714,040 hectares of land across South-East Queensland, which includes 332,278 hectares of Koala Priority Area- heavily protected under the planning framework.
To access the updated Koala Habitat maps and the updated Regulated Vegetation Management  maps, click here.  More...

Landowners
Landowners seeking to make, amend or revoke a Koala Habitat area determination can apply to do so here.

Draft 20-year State Infrastructure Strategy (SIS)
The draft SIS sets out our approach to connecting our regions and creating liveable communities with essential services and infrastructure across Queensland like the schools, hospitals and roads that our growing State will need into the future. Comment on the SIS can be provided online until 7 October at this PS News link.

Draft State Infrastructure Strategy
The Queensland Government has released the Draft State Infrastructure Strategy (SIS) and the Queensland Government Infrastructure Pipeline (QGIP).
The draft vision anticipates the State’s infrastructure needs over the next two decades and will be supported by seven regional infrastructure plans.
The QGIP is a detailed program of the Government's four-year $52.2 billion infrastructure spend and also outlines the potential future proposals currently under consideration by the Queensland Government.
Feedback on this draft SIS is now open until Thursday 7 October 2021.

PCA: Extension to approved development timeframes effective 30 September
A six-month extension to timeframes for undertaking approved development under the Planning Act 2016 and the Economic Development Act 2012 has been put in place to enable  development approvals that are in effect at the time the extension notice is given, or which come into effect between now and 30 September 2021. For further information, read: Approval under the Planning Act and Approvals under the Economic Development Act.
This extension does not apply to building development approvals for building works pursuant to s71 of the Building Act 1975.

Public consultation: Queensland’s renewable energy zones (QREZs)
Public consultation would be followed by a technical paper later in the year, for feedback from industry and other energy stakeholders on the framework for QREZ design and access. The online survey is open until 30 September 2021.  More...

Land restoration fund: Round 2
Applications are open for the Land Restoration Fund Investment Round 2. For more information about details required under Stage 1 and 2 read the LRF Investment Application Guidelines.
Submissions are now being accepted. Submissions close on 8 October 2021

Cases

NSW

Raland Constructions Pty Ltd v Hunters Hill Council [2021] NSWLEC 1535
DEVELOPMENT APPLICATION – centre based child care – heritage conservation area – item of local heritage significance – acoustic amenity of neighbouring properties – the suitability of the site for the development.

Drake v Randwick City Council [2021] NSWLEC 97
COSTS – Class 1 strata subdivision appeal – strata subdivision appeal contingent on successful outcome in Class 1 dual occupancy (attached) development appeal – development appeal unsuccessful – strata subdivision appeal necessarily dismissed as a consequence – Respondent applies for costs of day of strata subdivision appeal addressing jurisdictional issues – no determination of jurisdictional issues – inappropriate to conduct hypothetical determination of jurisdictional issues in strata subdivision appeal – no basis to award Respondent costs for jurisdictional hearing day. COSTS – costs of costs applications in Class 1 ordinarily follow the event – no basis to depart from that principle – Respondent pay Applicant’s costs of Class 1 costs application.

Sandy Outlook Pty Ltd as the trustee for Sandy Outlook Trust v Ku-ring-gai Council [2021] NSWLEC 1519
DEVELOPMENT APPLICATION – subdivision of land – community title - bushfire prone land – terrestrial biodiversity mapped - proposed removal of trees – proposed impact on critically endangered ecological community (CEEC) – whether Applicant has given consideration to avoidance of impacts on CEEC – whether Applicant’s biodiversity assessment report (BDAR) is acceptable – whether development complies with requirements of bushfire safety authority (BSA) – whether proposed biodiversity offsets are adequate to offset loss of biodiversity – whether proposed removal of 82 trees is acceptable.

KEPCO Bylong Australia Pty Ltd v Bylong Valley Protection Alliance Inc [2021] NSWCA 216
ADMINISTRATIVE LAW – judicial review – error of law – review of decision of consent authority – construction of State Environmental Planning Policy – whether decision-maker considered conditions aimed at ensuring that greenhouse gas emissions are minimised to the greatest extent practicable ADMINISTRATIVE LAW – judicial review – error of law – obligation to consider case presented by applicant – minimising scope 3 greenhouse gas emissions of thermal coal – whether refusal of proposal could lead to use of inferior resource with higher emissions ADMINISTRATIVE LAW – judicial review – error of law – reference in reasons to “no evidence” – where information before decision-maker – whether reasons indicated decision-maker not satisfied that information provided rational basis for finding sought ENVIRONMENT AND PLANNING – development application – refusal of consent – judicial review – State significant development – coal mine proposal – consent required from Independent Planning Commission – construction of Mining SEPP, cl 14 – conditions of development STATUTORY INTERPRETATION – “applicable … policies … concerning greenhouse gas emissions” – State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (NSW), cl 14(2).

Woodbine Park Nominees Pty Limited v Wingecarribee Shire Council [2021] NSWLEC 1530
MODIFICATION APPLICATION – bulk water extraction and storage – removal of trial period condition – contentions resolved – consent orders.

Pinchgut Pty Ltd v Central Coast Council [2021] NSWLEC 1527
DEVELOPMENT APPLICATION – boarding house development – existing vacant land – low density residential environment – variation sought to standard which limits boarding houses in low density residential land to 12 rooms – determining objectives of the standard – is compliance with the standard unreasonable or unnecessary – sufficiency of environmental planning grounds – interaction between proposed development and existing easements and rights of way – appeal dismissed.

Probert v Christie [2021] NSWLEC 1529
TREES (DISPUTES BETWEEN NEIGHBOURS) – does covenant over height of trees apply – were the trees planted – do the trees form a hedge – are views severely obstructed – balancing of interests.

Queensland

Karam Boutique Residential 8 Pty Ltd v Redland City Council [2021] QPEC 47
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – where originating application sought development permit concerning building work for demolition of detached house and shed – where development permit granted by respondent – where demolition works not substantially commenced within approved period – where Stop Order issued against demolition permit for non-compliance – where applicant seeks orders that non-compliance be excused – that development permit be treated to expire at the end of a further start period – that commencement of demolition prior to further start period be treated as lawful – where non-compliance excused
DEVELOPMENT PERMIT – DEMOLITION – NON-COMPLIANCE – whether Stop Order caused non-compliance with substantial start provision – precluded exercise of rights under subject demolition approval – whether prejudicial to applicant if non-compliance not excused – where temporary local planning instrument in place – whether subject house in state of extreme disrepair
PUBLIC INTEREST – whether public interest in protection of land and subject house on heritage grounds militates against excusal of non-compliance – whether public interest in individual with benefit of development approval having opportunity to fully exercise rights afforded by such development approval
Acts Interpretation Act 1954 Qld s 49A; Building Act 1975 Qld s 71; Planning Act 2016 Qld ss 3, 4, 5
Planning and Environment Court Act 2016 Qld s 37; Queensland Heritage Act 1992 Qld ss 35, 154.

Serratore & Ors v Noosa Shire Council (No.2) [2021] QPEC 46
PLANNING AND ENVIRONMENT – APPEAL – COSTS - where each appellant given an enforcement notice under s 168 of the Planning Act 2016 in relation to vegetation clearing – appeal against decision to give the enforcement notices – where appeal allowed and enforcement notices set aside – where declarations and consequential orders made – whether Council’s case against the second, fifth, sixth and seventh appellants was without reasonable prospects of success, or alternatively, frivolous or vexatious – whether Council failed to properly discharge its responsibilities in the proceeding
Planning Act 2016 Qld s 168; Planning and Environment Court Act 2016 Qld ss 59, 60 and 61.

Legislation

Victoria

Bills

Great Ocean Road and Environs Protection Amendment Bill 2021
Amends the functions and powers of the Great Ocean Road Coast and Parks Authority, provides for the transfer of land management responsibility to the Authority, and establishes a dedicated trust account.
Date of second reading speech: 8 September 2021.

Suburban Rail Loop Bill 2021
Establishes the Suburban Rail Loop Authority to plan and deliver the Suburban Rail Loop and confers a range of powers on the Authority. Division 7 – Special land acquisition and development powers – Part 7 – Amendment of Planning and Environment Act 1987
Date of second reading speech: 8 September 2021.

NSW

Proclamations commencing Acts

Bushfires Legislation Amendment Act 2020 No 37 (2021-523) — published LW 10 September 2021

Environmental Planning Instruments

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment (No 2) 2021 (2021-544) — published LW 17 September 2021

State Environmental Planning Policy (Vegetation in Non-Rural Areas) Further Amendment 2021 (2021-545) — published LW 17 September 2021 (2021-535) — published LW 10 September 2021

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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