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Inside track: Local Government

28 July 2020

#Local Government

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Inside track: Local Government

In the media

Recovery from 2019-20 summer fires ‘will be prolonged’
It will take many years to restore the economy and infrastructure of bushfire-impacted areas and for their animal and vegetation biodiversity to recover. The Australian Seasonal Bushfire Outlook: July 2020 will be used by fire authorities to make strategic decisions such as resource planning and prescribed fire management to reduce the negative impacts of bushfire (17 July 2020).  More...

City Deals can remedy affordable housing shortages: AHURI
In a new report examining how “placed-based deals” can leverage affordable rental housing choices near employment centres, AHURI says employment growth, transport connectivity and housing choice/affordability are all key objectives emphasised by Australia’s capital city strategic plans (17 July 2020).  More...

Renewing critical road assets ‘delivers economic advantages
Renewing road networks will deliver quick benefits to communities affected by bushfires and the Covid-19 tourism downturn, according to WSP. Works can also be delivered right across the country, including in regional areas, spreading the stimulus impact across metropolitan and rural areas (17 July 2020).  More...

States oppose bigger federal role in emergency management
State and Territory governments say they oppose the Commonwealth being referred additional powers to deal with or respond to natural disasters (17 July 2020).  More...

Regional airport owners owed $10m by airlines, says AAA
An Australian Airports Association survey has revealed that 24 regional airports, most owned by councils, are owed $10 million in unpaid fees (17 July 2020).  More...

Turning the digital divide into a digital dividend
Sustainable economic growth means bridging a digital divide. Local governments must also ensure they can efficiently meet the expectations of citizens in an era where more of them anticipate using digital channels to interact with their councils and access key services – just like they do in so many other areas of their lives (16 July 2020).  More...

Local government ministers’ communiqué
The Local Government Ministers’ Meetings has proved a valuable forum for Local Government Ministers to discuss how the unprecedented and evolving COVID-19 pandemic is affecting local government. Ministers have shared information on how each jurisdiction is managing issues (16 July 2020).  More...

City-as-a-service — a new business and investment model
A mutually beneficial system between councils and private companies should be in place for investment in large-scale smart city platforms (15 July 2020).  More...

Councils want details on $190m recycling fund
The federal government has announced $190 million to improve waste and recycling. Local government has welcomed the federal government’s announcement of a $190 million fund to improve waste management and recycling but says the plan is too light on detail. It comes ahead of the commencement of the COAG waste export ban next year (06 July 2020).  More...

Victoria

Farmers fly the Eureka flag in their revolt against water costs
The Eureka flag is flying across regional Victoria again as farmers make a fresh stand against water prices. They say they are being ripped off and that towns are dying (17 July 2020).  More...

New Support for Victorian Communities To Stay Connected
Minister for Suburban Development Shaun Leane and Minister for Regional Development Jaclyn Symes announced the opening of applications for the Let’s Stay Connected Fund, with grants available for community organisations, local government (17 July 2020).  More...

Grants Program to Help Councils Improve Road Safety
The Victorian Government is giving local councils across Victoria the chance to receive up to $100,000 for projects focussed on making local roads safer, through a Transport Accident Commission grants program (15 July 2020) More...

Mornington Peninsula Plan Technology Park
Plans for a new $540 million tech campus in the Mornington Peninsula have been put to council. The proposal comes as the council has called on state and federal support for a suite of projects valued at $320.8 million for the region, including infrastructure upgrades and the establishment of a technology park near the Port of Hastings (15 July 2020).  More...

Warrnambool Council delivers vote of no confidence against CEO
A majority of Warrnambool City councillors have backed a vote of "no confidence" against CEO Peter Schneider (13 July 2020).  More...

MAV renews call for State Government to defer local government elections
The Municipal Association of Victoria (MAV) is once again calling on the State Government to defer this year’s council elections due to the ongoing negative impacts of the COVID-19 pandemic on councils, communities and local businesses. The NSW Government has delayed its council elections for one year until September 2021 (10 July 2020).  More...

Free parking trial backfires as motorists 'overstay their welcome'
Free parking in Warrnambool's CBD has not worked out as planned with traders and employees hogging spaces all day, making it harder for shoppers to find a spot (07 July 2020).  More...

Council unveils new vision for Macaulay precinct
The City of Melbourne has unveiled a new vision for the Macaulay precinct, covering 90 hectares of land to the north-west of the central city (06 July 2020).  More...

NSW

Reforms for a world class planning system
The government has also invested almost $10 million to enhance its ePlanning platform and ensure all councils can get online to process DAs more quickly and transparently slash DA processing times by more than half. All councils will have to adopt the online system by 1 July 2021 (15 July 2020).  More...

Productivity Commission review backs rate reform
Local government rate pegging is discouraging councils from accepting growth and increasing dependence on infrastructure contributions, an issues paper says (12 July 2020).  More...

Queensland

Land council purchased for koala habitat still not open to public
The Mt Gravatt East site was purchased by the council using the bushland acquisition fund despite having no bushland on it (15 July 2020).  More...

Treated as a cash cow': Farmers face rate increases of up to 235 per cent
State lobby group Queensland Farmers Federation accuses Bundaberg Regional Council of treating farmers as a cash cow (15 July 2020).  More...

Why moving Queensland's border further south might make sense Analysis
Gold Coast Mayor Tom Tate argues the Queensland border should move south to make the Tweed River the natural boundary, and he might have a point (15 July 2020).  More...

Managing social media as an elected member
While the rise of social media has delivered significant advantages as a real-time communication tool in an increasingly globalised and networked world, it has also had significant negative impacts including reduced trust in key institutions and elected representatives, the obscuring of what is truth and/or fact and the personal and professional cost of targeted bullying behaviour (14 July 2020).   More...

'We have had enough': Residents angry over proposed $4m waste-to-energy plant
A proposed $4 million waste-to-energy incinerator, which would turn non-recyclable items into electricity, has residents at Ipswich, west of Brisbane, up in arms over concerns it will encourage people to create more waste, rather than recycle it (11 July 2020).  More...

United we stand
The LGAQ has four simple roles to play for its members: advocate, assist, provide savings by leveraging economies of scope and scale, and innovate. Connect, innovate, achieve is our credo (10 July 2020).  More...

Councils welcome announcement of projects to be funded under the $200 million COVID-19 Works for Queensland program
Queensland councils will create and support more than 4,600 jobs through the Palaszczuk Government’s $200 million COVID-19 Works for Queensland program (09 July 2020).  More...

Central Queensland councils split over accepting pay rises
Three of the seven central Queensland councils accept pay rises for their mayors and councillors, with Gladstone worried about setting a "dangerous" precedent if it rejected the independent umpire's decision (09 July 2020).  More...

Can't compete with council': Drive-in owners say ratepayer funded cinema is keeping them shut
The owners of a popular drive-in say they can't sustain their business while the Charters Towers Regional Council continues to fund its own cinema in the North Queensland town (08 July 2020).  More...

Ipswich Council comes clean on financial info
Ipswich Council has adopted a new open government platform that is says marks a new era in transparency and integrity. A new portal providing searchable financial information including councillor expenses and procurement contracts has gone live at Ipswich City Council (06 July 2020).  More...

In practice and courts

National Heavy Vehicle Regulation Impact Statement
The National Transport Commission has made several proposals that will affect the access permit approval process for heavy vehicles among other changes to the Heavy Vehicle National Law. A summary of these changes on pages 18-21 of the RIS Guide and read about the full details in the RIS itself. We are keen to understand council views on these proposals to ensure that councils rights as road managers are not overridden in any way. Submissions close in December 2020.  More...

Consultation on Proposed Changes to the way Heavy Vehicle Charges are Set and Invested 
The Transport Infrastructure Council (TIC) and the Department of Infrastructure have issued a Consultation Paper examining the way heavy vehicle charges are currently set and looking to ensure they better reflect the levels of service delivered by government to the industry. This will have long-term potential impacts on how council managed road networks are funded into the future. Consultation or for written submission swill be open until at least the end of September 2020.  More... 

PC Audit of national water resources reforms
The Productivity Commission is to inquire into how governments are progressing in achieving the objectives and timelines of the National Water Initiative. The PIC has published an issues paper to guide the inquiry. Submissions on this paper are due by 21 August 2020 (05 June 2020).  More...

Victoria

TAC Local Government Area Grants program: Road Safety
The grants program offers local councils the opportunity to apply for funding for a range of projects outlined here. Local councils can apply for grants of up to $30,000 for analysis projects, and up to $100,000 for safety upgrades. Applications are open until August 19 (17 July 2020).  More...

Let’s Stay Connected: Funding open
The Victorian Government is helping communities to stay connected during the coronavirus pandemic through a new grants program to support local initiatives. Applications for the Let’s Stay Connected Fund are open until 31 August and applicants are encouraged to apply as early as possible (17 July 2020).  More...

Metropolitan Melbourne and Mitchell Shire - activities and access to public land
Changed coronavirus (COVID-19) restrictions on public land in metropolitan Melbourne and Mitchell Shire from 8 July 2020.  More...

Public notice: Notice of proposed lease of the premises known as Kensington Community High School.
​Notice is given pursuant to sections 190 and 223 of the Local Government Act 1989 (Act) and section 17D of the Crown Land (Reserves) Act 1978 that the Melbourne City Council proposes to enter into a lease with The Minister of Education of the premises known as Kensington Community High School at the corner of Racecourse and Smithfield Roads. Written submissions can be made until 13 August 2020.  More...

Public notice: Notice of proposal to make Public Transparency Policy and Governance Rules and revoke the Council’s Conduct of Meetings Local Law 2019
​The Melbourne City Council proposes to make a Public Transparency Policy and Governance Rules (Rules) and revoke the Council’s Conduct of Meetings Local Law 2019 (and incorporated Meeting Procedures Code). Pursuant to the Local Government Act 2020, the Policy and Rules must be adopted by Council before 1 September 2020.The draft Policy has been developed to formalise Council’s support for transparency in its decision-making processes and public awareness of the availability of Council information. Submissions due by 11 August 2020.  More...

Development Contribution Plans Community Infrastructure Levy
The 2020-21 maximum dwelling amount for a community infrastructure levy is now available. REMINDER: Councils and other collecting agencies must publish on their website the payable dwelling amount for the 2020-21 financial year on or before 1 July 2020, in accordance with section 46LB of the Planning and Environment Act 1987.

Suburban Parks Program: funding grants from 01 June 2020
Funding for the next round of the program will be open to eligible local government area from 1 June, with grants of up to $1.3 million made available for a new pocket park and $275,000 for a new dog park. Applications close 10 August 2020.  More...

Bushfire recovery grants and funding
A range of funding streams have been announced to support bushfire-affected businesses, farmers and organisations as well as individuals and families including: 

Significant Sporting Events Program
 Councils may apply for grants in this funding program to support the assistance, management or strategic planning of sports events. Applications are open until 30 June 2022 in various rounds. 

s.186 exemption for council recycling contracts
The Victorian Local Government Minister has announced a state-wide s.186 exemption for local councils to extend their recycling collection contracts to 30 June 2021. Attached is a copy of the letter sent to all councils co-signed by Minister Somyurek and the Minister for Energy, Environment and Climate Change, the Hon. Lily D’Ambrosio MP.

City of Melbourne: Public notice - Proposed Naming Of Private Lanes - 143-171 A'Beckett, 364-376 Queen and 332-346 La Trobe streets, Melbourne
Notice is given pursuant to the Naming Rules for places in Victoria 2016 (Rules) that the Melbourne City Council (Council) proposes to name four newly created roads which will be provided within the new development at 143-171 A'Beckett, 364-376 Queen, 332-346 La Trobe Streets, in Melbourne. All feedback received by Council on or before 24 July 2020.  More...

SRO: Register interest for HomeBuilder
Victoria has signed up to the National Partnership Agreement that facilitates the HomeBuilder scheme. Eligible recipients will be able to access grants of up to $25,000 to build a new home or substantially renovate an existing home. We encourage you to register for our HomeBuilder email subscription service so that you can receive progress updates.  More...

SRO: Changes to the fire services property levy
Instead of different levy rates for properties in the Metropolitan Fire Brigade area and the Country Fire Authority area, state-wide rates will apply to properties in the same property classification across Victoria from 1 July 2020. Details about how the revised levy is calculated will be published on our fire services property levy page in the coming days.  More...

Golf Course Redevelopment Standing Advisory Committee – Part 1 Report and finalised Planning Guidelines for the conversion of Golf Course Land to other purposes
The Part 1 Report is now available. Following consideration of the Golf Course Redevelopment Standing Advisory Committee’s Part 1 Report, the Minister for Planning has released the Planning Guidelines for the Conversion of Golf Course Land to Other Purposes. They set clear expectations for all stakeholders, including the community, about how golf course land should be redeveloped. The new Ministerial Direction 21 Golf Course Redevelopment directs planning authorities preparing an amendment to a planning scheme to enable the redevelopment of a golf course to have regard to the guidelines and include in the explanatory report for the amendment an explanation of how the amendment addresses the guidelines.

Reminder to submit data on Native Vegetation Removal across Victoria and release of the AR 2018-2019
DELWP received data on approved permit applications to remove native vegetation under Clause 52.16 and Clause 52.17 from 47 responsible authorities. The Annual report 2018-2019 – a report on the operations of the native vegetation removal regulations is available here. The 2019-2020 Annual report is now under preparation. Data log data for the 2019-2020 financial year will be due on 10th July 2020.

Strategic Extractive Resource Areas Pilot Project – Consultation
The SERA pilot project proposes planning provisions for identified resource areas in two pilot locations - Wyndham and South Gippsland. The proposed planning provisions aim to ensure only appropriate development and land uses occur close to quarry sites and on land with resources of strategic importance.  More...

NSW

Have your say: infrastructure contributions
The NSW Productivity Commissioner is undertaking a comprehensive review of the infrastructure contributions system in NSW and councils are encouraged to make a submission. An Issues Paper has been released for public consultation, and the Commissioner will also be holding stakeholder roundtables in August. Feedback is due by 5 August 2020.  More...

More fast-track projects announced
The NSW Government has announced its latest list of major projects for fast-track assessment. Forty-eight projects have been determined under this program to date. The latest list of 19 projects was announced this week and will be determined by 17 July 2020.  More...

Minister’s Good Practice Guideline MGPG-1: Virtual Meetings
Issued by the Minister for Local Government pursuant to section 87 of the Local Government Act 2020. The Victorian Government’sCOVID-19 Omnibus (Emergency Measures) Act 2020 has introduced into the Local Government Act 2020 (the Act) new mechanisms that allows for virtual council meetings –to ensure local government decision-making can continue during the coronavirus pandemic. These new measures will be in force from1 May 2020 until 1 November 2020.  More...

Office of Local Government Circulars
20-28 Rules on attendance at council and committee meetings during the COVID-19 pandemic as of 1 July 2020. Category: Circular to CouncilsDetails: 20-28 / 3 July 2020 / A709308. Further relaxation of restrictions on attendance at council and committee meetings during the COVID-19 pandemic.  More...

eplanning Platform reminder
On 1 July 2020 all Councils across Sydney, Newcastle, the Central Coast and Illawarra will be required to start accepting and processing DAs, complying development certificates and post-consent certificates via the NSW Planning Portal. It will be mandatory for all greater metropolitan councils to process all applications via ePlanning by the end of 2020. The remaining councils must process all applications through the NSW Planning Portal by 1 July 2021.  More...

NSW Revenue Reminder: COVID-19 (coronavirus) and parking space levy
As part of the NSW COVID-19 stage two economic package, the NSW Government has deferred parking space levy (PSL) payments from the end of March for six months until 30 September 2020, to provide cash flow relief to businesses.  More...

NSW Planning Department: Have your say - Draft plans and policies

Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020. The Draft Greener Places Design Guide has been released for consultation. The draft guide provides information on how to design, plan and implement green infrastructure in urban areas throughout NSW.  More...

Queensland

Local government reform
The Queensland Government is delivering a rolling reform agenda in the local government sector. August 2020 - Planned Regulation changes to improve transparency through requirements for meeting agendas and minutes, and registers of interests (planned to support the Integrity Bill’s provisions).  More...

DLGRMA: Unite and Recover Community Stimulus Package Update
The $50 million Unite and Recover Community Stimulus Package will fast-track South East Queensland councils’ investment in new infrastructure and community assets that create jobs and deliver economic stimulus to local communities. All projects must be completed by 30 June 2021. Key dates: Assessment of applications 6 July 2020 – 24 July 2020, Expected announcement from 27 July 2020.  More...

PCA: Queensland Government Construction Stimulus
Last week, the Queensland Government announced a $267 million building stimulus package to support construction jobs as Queensland rebuilds from COVID-19. The package is part of the Government’s Unite and Recover for Queensland Jobs plan (July 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.  More... 

DLGRMA: 2019–21 Works for Queensland Program (W4Q)
The $600 million Works for Queensland (W4Q) program supports regional Councils to undertake job-creating maintenance and minor infrastructure projects.The Queensland Government has amended the 2019-21 W4Q guidelines to allow 19 Councils to access unspent W4Q funding for COVID-19 related expenses. Please refer to Appendix 4 of the 2019-21 W4Q Program Guidelines for the list of eligible Councils.  More...

Economics and Governance Committee: Report No. 37, 56th Parliament—Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019, interim government response
The Government expresses its appreciation to the Economics and Governance Committee for its consideration of the bill and advises that matters relevant to the bill are still under consideration. The Government's final response to the Report will be tabled by 7 August 2020.  More...

LGAQ: Release of the Austroads Guide to Temporary Traffic Management
The formal adoption of the AGTTM in Queensland is planned for July 2020. In preparation for the adoption in Queensland, local government officers involved in traffic management activities can view a Fact Sheet and the new AGTTM and video presentations providing an overview of each section on the Austroads website.

LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here. Keep an eye on the events page which will be updates as more events are confirmed in the calendar.

Cases

Victoria

Adamczyk v Surf Coast SC [2020] VCAT 761
Surf Coast Planning Scheme; Section 79 Planning and Environment Act 1987, restaurant, rural land use, traffic, car parking, fire risk, amenity.

Bowen Park Pastoral Pty Ltd v Baw Baw SC [2020] VCAT 755
Section 77 of the Planning and Environment Act 1987; Baw Baw Planning Scheme; Urban Growth Zone; Subdivision; Whether permit is generally in accordance with Warragul Precinct Structure Plan

93 Wattletree Road Pty Ltd v Stonnington CC [2020] VCAT 754
Application pursuant to section 80 seeking a review of conditions on an amended permit. Compliance with discretionary controls DDO 19 

Tangri v Greater Dandenong CC [2020] VCAT 750
Application under section 77 of the Planning and Environment Act 1987 to review refusal to grant a permit; Greater Dandenong Planning Scheme; General Residential Zone; a double storey dwelling behind the existing single storey dwelling; two storey built form, neighbourhood character, landscaping, private open space; access and car parking. No permit 

Cameron v Banyule CC [2020] VCAT 738
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
Clause 32.08-6 – Construct two or more dwellings on a lot in a GRZ1 Clause 42.02-2 – Tree removal in a VPO5 No permit 

Benson v Surf Coast SC [2020] VCAT 711
Section 82 of the Planning and Environment Act 1987, Design and Development Overlay Schedule 13, Setbacks, Landscaping, Neighbourhood Character

Shetland Estate Pty Ltd v Knox CC [2020] VCAT 757
Section 77 of the Planning and Environment Act 1987; Review the refusal to grant a permit; Knox Planning Scheme; General Residential Zone – Schedule 2; Construction of two or more dwellings on a lot; Subdivision; Clause 22.07; Neighbourhood character; Knox Neighbourhood areas; Landscaping

Diaco v Mornington Peninsula SC [2020] VCAT 682
s149 of the Planning and Environment Act 1987, Secondary Consent, Display Area, Primary Consent, Green Wedge Zone, Environmental Significance Overlay Schedule 1

Di Rago v Darebin CC [2020] VCAT 749
Construction of two double storey dwellings. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. No permit

Barba v Greater Dandenong CC [2020] VCAT 746
Greater Dandenong Planning Scheme; additions to an existing warehouse; 12 metre height; policy at clause 22.03; impact on existing trees

Barette v Moreland CC [2020] VCAT 740
Moreland Planning Scheme; Neighbourhood Residential Zone; four dwellings; repeat appeal; neighbourhood character; amenity; car parking

Pace Development Group v Melbourne CC [2020] VCAT 731
Section 79 of the Planning and Environment Act 1987 - reliance on Clause 62 Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 to disregard failure to comply with requirements of Public Use Zone Schedule 4 – written consent of public land manager 

Zhang v Monash CC [2020] VCAT 729
Monash Planning Scheme; Application under section 82 of the Planning and Environment Act 1987; GRZ3; VPO1; Amendments to permit for two dwellings; Amendment C125 Part 2; Permit previously granted at direction of Tribunal; Off-site impacts. 

Counsel v Port Phillip CC [2020] VCAT 743

Section 80 of the Planning and Environment Act 1987. Port Phillip Planning Scheme. Heritage Overlay. Design and Development Overlay. Amended permit. Heritage and urban design implications of enclosure of rooftop terrace. ESD suitability of louvre windows 

Jenzen v Ballarat CC [2020] VCAT 739
Section 82 Planning and Environment Act 1987; Ballarat Planning Scheme; General Residential Zone Schedule 1; Heritage Overlay Schedule 170; Design and Development Overlay Schedule 4; Amendment to Planning Permit, Partial demolition, alterations and additions to an existing hotel, including outdoor dining area and increase in licensed (red-line) area; Impacts on heritage setting of hotel and surrounds; Visual impact; Character and locality; Traffic safety; Conditions.

Mills v Maribyrong CC [2020] VCAT 732
Section 77 of the Planning and Environment Act 1987; Maribyrnong Planning Scheme; Two Storey Side-by-Side Townhouses; General Residential Zone; Response to Preferred Character GS1; Presence of Other Side-by-Side Dwellings.

Anderson v Boroondara CC [2020] VCAT 727
Section 82 of the Planning and Environment Act 1987, ground level alterations and two storey extension to an existing single storey dwelling in a backyard setting, amenity to neighbouring properties

Xu v Monash CC [2020] VCAT 736
Permit issued for development of five double-storey dwellings. Application under section 81(1) of the Planning and Environment Act 1987 – to extend time to commence and complete development.

Regional Billboard Co Pty Ltd v Surf Coast SC [2020] VCAT 735
Section 80 of the Planning and Environment Act 1987, appeal against condition seeking to restrict the content of advertising to occur on an approved Electronic Promotion sign, uncertainty of condition in dispute

Xiaoyu v Monash CC [2020] VCAT 734
Section 79 of the Planning & Environment Act 1987; Monash Planning Scheme;
Seven dwellings – GRZ3, Cls. 21.04, 22.01 & 55; Neighbourhood Character & Amenity

Victorian Department of Treasury and Finance v Macedon Ranges SC [2020] VCAT 720
Macedon Ranges Planning Scheme; Section 77 of the Planning and Environment Act 1987; Farming Zone; Vegetation Protection Overlay VPO6; Proposed Dwelling; Existing Small Lot; Relationship to Agricultural Use.

Forte Group Pty Ltd v Whittlesea CC [2020] VCAT 718
Whittlesea Planning Scheme, Section 80 of the Planning and Environment Act 1987; permit granted for apartment multi-storey building with ground level retail uses; two permit conditions appealed; appeal granted.

Wan v Maroondah CC [2020] VCAT 724
Section 77 of the Planning and Environment Act 1987. Residential Growth Zone. Design and Development Overlay. Six double-storey dwellings. Underdevelopment in Ringwood activity centre. No permit

Hamton Hostplus JVMV Pty Ltd v Moonee Valley CC [2020] VCAT 712
Moonee Valley Planning Scheme; Activity Centre Zone – Precinct 9; Question of law; Construction of approved Transport Assessment Management Plan and Integrated Transport Plan.

Lambert v Mildura RCC [2020] VCAT 702
Section 77 Planning and Environment Act 1987; Mildura Planning Scheme; Farming Zone; Use of land for a store; Non-agricultural use; Mildura Older Irrigation Area; Mildura East Growth Area. No permit

Chittagong Developments and Constructions Pty Ltd v Kingston CC [2020] VCAT 681
Section 77 Planning and Environment Act 1987; Kingston Planning Scheme; Activity Centre Zone Schedule 1; Townhouses; Whether strategic supports exists.

NSW

Dehsabzi v The Owners Corporation Strata Plan No 83556 [2020] NSWCATAP 142
(1) The appeal is dismissed.
LANDLAW – Strata title – functions of owners corporation – consent to development application affecting common property – power of Tribunal to make an order requiring an owners corporation to give consent to a development application affecting common property – test to be applied in determining whether to make an order requiring an owners corporation to give consent to a development application affecting common property
LANDLAW - Strata title – owners corporation – functions of owners corporation – issue of keys – whether the owners corporation of a mixed commercial and residential strata scheme should be directed to provide the owners of a commercial lot with keys giving access to utility meters and keys giving access to residential areas
Any variation of these hours is subject to the PRIOR CONSENT OF COUNCIL.
(Reason Amended) As mentioned above, the Appellants seek to utilise the premises for the operation of a Domino’s Pizza restaurant with extended hours of trade. Hence, the consent of Council is required.

Shapkin v The Council of the City of Sydney [2020] NSWLEC 1309
APPEAL – busker permit – revocation – proper notice

Coffs Harbour City Council v Noubia Pty Ltd [2020] NSWCA 142
CIVIL PROCEDURE – hearings – procedural fairness – judge preferring evidence of one expert over another – earlier role of expert addressed during proceedings – basis of preference based on earlier role – no unfairness
ENVIRONMENT AND PLANNING – consent – conditions – construction – transfer of land to Council – public purpose – importation of valuation principles from the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
JURISDICTION – Land and Environment Court – valuation of land – no compulsory acquisition – proceedings transferred from Equity Division – conferral of jurisdiction on transferee court – Civil Procedure Act 2005 (NSW), s 149B, 149E – Class 4 jurisdiction exercised – Land and Environment Court Act 1979 (NSW), s 20(1(cj)
JUDGMENTS AND ORDERS – reasons – duty to give reasons – failure to give reasons – constructive failure to exercise jurisdiction distinguished
VALUATION – methods of valuation – “before and after” method – developed land on alluvial floodplain – whether alternative hypothetical developments the most financially advantageous use of land – proposed alternative development subject to natural features of the land and associated constraints on use – whether alternative development would have received approval
VALUATION – valuation of land – principles – whether detention and management of upstream water flows by downstream land owner a “public purpose” to be disregarded in a valuation exercise

Bay State Construction Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 86
APPEAL – appeal from the Local Court – appeal against severity of sentence – carrying out prohibited development – advertising sign on crane – multiple offences – single course of conduct – totality principle – aggregate sentence not excessive – individual sentences varied

Sivathas v Cessnock City Council [2020] NSWLEC 1296
DEVELOPMENT APPLICATION – consent orders – boarding house

Ayache v Bayside Council [2020] NSWLEC 1295
DEVELOPMENT APPLICATION – affordable rental housing – mixed use development – scale – streetscape

Pastoral Investment Land & Loan Pty Ltd v Central Coast Council [2020] NSWLEC 85
APPEAL - appeal against Commissioner’s decision on questions of law – dismissal of proceedings for want of prosecution with due despatch under r 12.7 UCPR – whether misdirection, misconstruction and misapplication of r 12.7 – absence of assessment of significance of impacts on threated fauna species – significance assessment not a jurisdictional fact – absence of significance assessment not fatal to determining development application – absence of significance assessment did not delay proceedings – failure to consider and balance prejudice to parties by dismissing or not dismissing proceedings – whether denial of procedural fairness on summary dismissal – failure to give fair opportunity to be heard before dismissal – remitter of proceedings to Commissioner

Michael Brown Planning Strategies Pty Ltd v Wingecarribee Shire Council [2020] NSWCA 137
ENVIRONMENT AND PLANNING – development application – power to grant consent – local environmental plan – requirement that proposed development “is compatible” with the “flood hazard” of the land – assessing compatibility at date of determining application – whether future measures to ameliorate flood hazard relevant – future measures not part of application – Wingecarribee Local Environmental Plan 2010 (NSW), cl 7.9(3)(a)
STATUTORY INTERPRETATION – extrinsic materials – dictionaries – usefulness of reliance on dictionaries in statutory interpretation
STATUTORY INTERPRETATION – immediate context – consistency of operation – local environmental plan – statutory precondition to granting development consent – grammatical tense of clause – requirement for contextual construction of clause

EACT Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1289
DEVELOPMENT APPLICATION – boarding house – compatibility with character and streetscape – parking provision with car share – bulk and scale – accommodation room size – interpretation of a savings provision

Legislation

Commonwealth

Regulations

Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Repeal Regulations 2020
15/07/2020 - The purpose of the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Repeal Regulations 2020 (the Regulations) is to repeal the Electoral and Referendum Amendment (Pre-Poll Voting and Other Measures) Regulations 2010 (the 2010 Regulations).

Victoria

Statutory Rules

Local Government (Electoral) Regulations 2020 No 72 

These Regulations are made under sections 325 and 326 of the Local Government Act 2020 and section 29 of the City of Melbourne Act 2001 (7 July 2020)

Victorian legislation can be accessed here 

NSW

Regulations and other miscellaneous instruments

Rural Fires Amendment Regulation 2020
(2020-414) — published LW 17 July 2020

Environmental Planning Instruments

State Environmental Planning Policy (Penrith Lakes Scheme) Amendment (Miscellaneous) 2020
(2020-402) — published LW 10 July 2020

Queensland

Bills

Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Stage reached: Passd with amendment on 16/07/2020
The objectives of the Bill are to: provide the Director-General of the Department of the Premier and Cabinet (the Director-General) with explicit power to conduct criminal history checks to assess the suitability of a person to be engaged in a Ministerial Office, the Office of the Leader of the Opposition or an office of a non-government member

Acts

Proclamation No. 1 Justice and other Legislation Amendment Act 2020 (Qld)
This Proclamation is made under section 2 of the Justice and Other Legislation Amendment Act 2020. This Proclamation fixes 10 July 2020 as the commencement date for parts 20 and 24 of the Act.

Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld)
The key policy objective of Chapter 2 is to improve the actual and perceived integrity and public accountability of State elections and ensure public confidence in State electoral and political processes
Commencement: (1)Chapter 2 commences as follows— (c)the following provisions commence on 1 July 2022—
(i)sections 19, 20 and 21; (ii)section 22, to the extent it is not in force under paragraph (b);
(d)the remaining provisions of chapter 2, and schedule 1, commence on 1 August 2020, immediately after the commencement of the provisions of the Electoral and Other Legislation Amendment Act 2019 that, under section 2 of that Act, commence on 1 August 2020.
(4)Chapter 5 commences as follows— (b)the remaining provisions of chapter 5 commene on 12 October 2020.

Revocation of Local Government election and State by-elections Direction (No. 2)
Public Health Act 2005 (Qld) Section 362E. Chief Health Officer, reasonably believe it is necessary to give the following direction pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.
Revocation: The Local Government Election and State By-elections Direction (No. 2) made on 27 March 2020 is revoked, with effect from 3 July 2020.

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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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