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Inside track: Planning, Environment & Sustainability

29 April 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

COVID-19 Hits Property Industry Sentiment

There has been a rapid and steep decline in sentiment across the Australian property industry caused by the COVID-19 pandemic according to the ANZ Property Council industry survey for the June 2020 quarter.   Economic management (33%) is considered the most critical issue for the property industry that should be addressed by the Australian Federal Government, according to survey respondents (16 April 2020).  More...

Coronavirus ‘Seriously Impacting’ 15pc of Development Projects

The coronavirus pandemic has continued to stifle the property industry with investor sentiment sinking to levels last seen just after the global financial crisis a decade ago, according to the latest ANZ-Property Council Survey (16 April 2020).  More...

Rent relief available for tenants in Commonwealth properties

The Commonwealth Government will waive rents for all its small and medium enterprises and not-for-profit tenants within its owned and leased property across Australia. The types of businesses in scope of the policy include cafes and restaurants, childcare operators, retail and local service providers, community organisations and educational institution (07 April 2020).  More...

Commercial tenancy code of conduct

The Property Council of Australia will work closely with state and territory governments on the detail of the implementation of the new commercial tenancy code of conduct, but says there are a number of questions unresolved by National Cabinet’s decision today (07 April 2020).  More...

How coronavirus could forever change the look and feel of Australia's cities and suburbs

Automated crosswalks, the rebirth of suburbia, electric scooters — there are many quirky and nuanced ways that the coronavirus outbreak could impact on urban life (11 April 2020).  More...

NSW

ePlanning mandate a big win for homeowners
Homeowners in metropolitan Sydney, Newcastle, the Central Coast and Illawarra will be able to lodge DAs online in the comfort of their homes, and see a reduction in assessment times, with the NSW Government mandating ePlanning across 42 councils from 1 July 2020 (17 April 2020).  More...

Pathway forward for contributions reform
The NSW Government has outlined its plan to reform developer levies and contributions to unlock new housing supply, deliver vital community infrastructure and boost investment in NSW. (15 April 2020).  More...

NSW Government offers $440 million land tax break to support tenants and landlords
NSW commercial tenants significantly impacted by COVID-19 will have greater protection from evictions with the State Government set to enact the National Cabinet Code of Conduct as part of a $440 million land tax relief package (13 April 2020).  More...

Funding boost and emergency measures to protect tenants
Residential tenants and landlords facing financial hardship due to COVID-19 will receive increased support and greater certainty from the NSW Government’s new temporary rental support measures announced today (13 April 2020).  More...

Funding to help bushfire-hit farmers rebuild boundary fencing bordering public lands
Bushfire-affected landholders will now have access to their share of up to $209 million to help cover the cost of rebuilding boundary fences, after Deputy Premier John Barilaro today launched the NSW Government’s ‘Supporting our Neighbours’ project (12 April 2020).  More...

Queensland

Student Apartment Block Turns into Crisis Housing
Students in an inner-city Brisbane apartment block have relocated in a move to offer self-contained apartments as temporary crisis accommodation during the coronavirus pandemic (13 April 2020).  More...

Extended Hours at $3.6bn Queen’s Wharf
Development of the $3.6 billion Queen’s Wharf Brisbane project will continue following the relaxation of the heavy vehicle lock-out period during Covid-19. Developer Destination Brisbane Consortium said the latest decision allows truck movements to and from the Queens Wharf construction site an extra four hours a day (13 April 2020).  More...

PCA: Qld Government and landlords step up together to support businesses hit by COVID-19
Queensland’s property industry has welcomed the State Government’s decision to refund 3 months of land tax, defer the implementation of the foreign land tax surcharge, and defer the issuing of next year’s land tax assessments for eligible landlords (09 April 2020).  More...

Two new roads to connect almost 9000 new homes in Ripley Valley
Around 8900 new homes can be built in Ripley Valley with the Palaszczuk Government investing $20 million through its Catalyst Infrastructure Program to extend vital local road networks (09 April 2020).  More...

International Subsea Cable a ‘Game Changer’ for Maroochydore CBD
Queensland’s Sunshine Coast will soon have access to the fastest data connection to Asia from the eastern seaboard with the completion of the international subsea cable by mid year (08 April 2020).  More...

In practice and courts

Royal Commission into National Natural Disaster Arrangements
The Royal Commission into National Natural Disaster Arrangements will examine coordination, preparedness for, response to and recovery from disasters as well as improving resilience and adapting to changing climatic conditions and mitigating the impact of natural disasters. The inquiry will also consider the legal framework for Commonwealth involvement in responding to national emergencies.
The Commission is now accepting submissions on the 2019-20 bushfire season from individuals, community groups and the broader community until 28 April 2020.

Extension to submissions for EPBC Act review - Statement
Acknowledging that the bushfires are the focus of many of the review’s stakeholders, it is appropriate to extend the timeframe for providing submissions. I am keen for every interested stakeholder to have their say about the EPBC Act and how it operates. Submissions are now due by close of business 17 April 2020.  More...

Review of the Lands Acquisition Act 1989: Discussion Paper
Submissions close on 17 April 2020.  More...

New NatHERS certificate to be rolled out by 30 April 2020
A new NatHERS certificate will soon come into use as software tools transition to Chenath Engine version 3.21. The new NatHERS certificate has been developed after significant consultation with industry users and will replace the previous “universal certificate” for all new assessments from 1 May 2020.  More...

NSW

NSW Land and Environment Court
8 April 2020 - The Chief Judge is pleased to announce the appointment of Mr Peter Kempthorne, Mr Paul Knight, Mr Matthew Pullinger and Ms Jennifer Smithson as Acting Commissioners of the Court for the period commencing 8 April 2020 and expiring on 24 February 2021.

Interim Procedure for the Issuing of Class 5 Proceedings
The Court has issued an interim Protocol for the issuing of Class 5 proceedings at the Land and Environment Court.  More...

Telephone and Audio Visual Link Conferencing Protocol
The Court has issued a Protocol for using audio link and audio visual link at the Land and Environment Court.  More...

Current LEP Proposals from 06 2020

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

Draft special infrastructure contributions (SIC) guidelines
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking to improve the transparency of the application of SICs. The draft SIC guidelines provide guidance regarding the purpose and function of SICs and their application in the new approach to precinct planning.  More...

Proposed amendments to the EP&A Regulation
Notification start-end date 15/04/2020 - 12/06/2020
The Department is proposing amendments to the EP&A Regulation to improve transparency in the infrastructure contributions system through better reporting of contributions received and expended for individual contributions plans and planning agreements.  More...

Improving the review of local infrastructure contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are independently reviewed to ensure that they are reasonable. The Department has identified ways to improve the review process of local infrastructure contributions plans to make it more efficient while maintaining its important function.  More...

Draft planning agreements policy framework
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on an updated planning agreements policy framework. The proposed changes will result in a clearer and more transparent contributions process and will allow planning agreements to be used for their intended function to fund innovative infrastructure solutions.  More...

Criteria to request a higher s7.12 percentage - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on the proposal from key stakeholders and the community. Your feedback will help inform critical improvements to the infrastructure contributions system in NSW.  More...

Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020

Queensland

Planning legislation amendment: emergency provisions
In response to COVID-19, changes have been made to the Economic Development Act 2012 to address concerns raised by stakeholders.  Temporary use licences (updated 15 April 2020).  More...

COVID-19 update on Courts, Commissions, Tribunals, property law and criminal law
QLS will provide up to date information on their website regarding the evolving COVID-19 situation and the response of the Courts, Commissions, and Tribunals in Queensland.  More...

Annual Statutory Land Valuations 2020

Landowners who believe their valuation was incorrect and can provide supporting information should lodge their objection online or at the address shown at the top of their valuation notice by 5 May 2020.  More...

Cases

NSW

Mehmet v Carter [2020] NSWSC 413
CONTRACTS — Termination — Repudiation of contract — where purchasers raised requisitions — where plausible contentions and vendors refused to address   LAND LAW — Conveyancing — Contract for sale — Breach — Error or misdescription — Requisitions — Vendors’ obligations — Notices to complete — Purchasers’ remedies   ENVIRONMENT AND PLANNING — Heritage conservation — Protection of Aboriginal heritage — meaning of “Aboriginal object” — National Parks and Wildlife Act 1974 (NSW)

Syncept Chatham Pty Ltd v City of Ryde Council (No 2) [2020] NSWLEC 30
COSTS – which party to bear costs – whether late amendment alters usual order – whether separate ground rendered unnecessary by late successful ground should not be subject of costs – usual order made

Connoisseur Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1181
DEVELOPMENT APPLICATION – R3 medium density residential zone – multi-dwelling housing – landscape setback – flood planning 

Waters v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2020] NSWCATAP 60
APPEALS – appeal on a question of law – procedural fairness – bias – actual bias – apprehended bias – whether Tribunal failed to apply the applicable law   APPEALS – leave to rely on fresh evidence   APPEALS – leave to appeal – whether the decision not fair and equitable and against the weight of evidence

Lay v Inner West Council [2020] NSWLEC 1178
Alterations and additions to mixed use building – Heritage Conservation Area – whether compatible with desired future character 

Dan Properties Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1172
DEVELOPMENT APPLICATION –shopping centre – additional point of egress – road hierarchy – safe and convenient access – landscape character

Hossein Yamini v The Council of the City of Sydney [2020] NSWLEC 26
APPEAL – s 97 Protection of the Environment Operation Act 1997 – appeal from Local Court – s 31 Crimes (Appeal and Review) Act 2001 – appeal against failure to comply with Prevention Notice – construction of Prevention Notice – whether council held reasonable suspicion an activity was being carried on in an environmentally unsatisfactory manner – validity of s 96 Prevention Notice – whether appellant was “occupier” of premises – definition of control

Ampcontrol Limited v Department of Planning, Industry and Environment [2020] NSWCATAD 98
ADMINISTRATIVE LAW – government information – whether information held by respondent – adequacy of search – legal professional privilege

Queensland

Black Ink Architecture Pty Ltd v Ipswich City Council [2020] QPEC 13
PLANNING AND ENVIRONMENT – APPEAL – where appeal against decision to refuse a development application for a material change of use (Community use - child care centre) – where proposed in a flood plain – whether the proposed development is compatible with the flooding constraint – whether the application complies with the respondent’s planning scheme – whether the application complies with State Planning Policy July 2017 – the weight to be given to the State Planning Policy - whether the planning discretion should be exercised in favour of approval
Acts Interpretation Act 1954 Qld s 14B; Planning Act 2016 Qld ss 45 and 60; Planning and Environment Court Act 2016 Qld s 43; Statutory Instruments Act 1992 Qld s 14(1) and Sch 1.

Legislation

NSW

Regulations and other miscellaneous instruments
Residential Tenancies Amendment (COVID-19) Regulation 2020 (2020-147) — published LW 15 April 2020
Supreme Court (Amendment No 433) Rule 2020 (2020-139) — published LW 9 April 2020
Uniform Civil Procedure (Amendment No 93) Rule 2020 (2020-140) — published LW 9 April 2020

Environmental Planning Instruments
Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020 (2020-155) — published LW 17 April 2020
State Environmental Planning Policy (Infrastructure) Amendment (Energy Storage Technology) 2020 (2020-156) — published LW 17 April 2020
State Environmental Planning Policy Amendment (Minor Amendments) 2020 (2020-157) — published LW 17 April 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.

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