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Inside track: Planning, Environment & Sustainability

29 September 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

CBA sustainability-linked loan captures international interest
Australia’s first sustainability-linked loan tied to achieving better social outcomes is capturing international interest (17 September 2020).  More...

Australian Government backs better buildings for a low carbon future
The ASBEC welcomes the’s announcement from the Australian Government which outlines funding and an expanded mandate for the ARENA, and a package of measures to facilitate improved energy efficiency for residential and commercial buildings (17 September 2020).  More...

AHURI: What do we want from our homes
‘Safety and security’ are fundamental to the housing aspirations of Australians, with 75 per cent of respondents to a national housing aspirations survey indicating these are the most valued housing attributes (17 September 2020).  More...

ARENA welcomes new funding
The Australian Government announced new long term funding and an expanded focus for the Australian Renewable Energy Agency that will secure its future beyond 2022 (17 September 2020).  More...

Australian climate scientists, finance & insurance sectors unite for climate-risk disclosures
The Climate Measurement Standards Initiative has developed a set of open-source, voluntary guidelines that will, for the first time, provide Australian banks, financial institutions and insurers with consistent scientific and technical guidance on how to assess the risk of climate-related damage to their buildings and critical infrastructure (14 September 2020).  More...

Cheaper rent often means higher commuting costs for low-income workers: Report
The research found there are few sites within 10 kilometres of the top 10 low-income employment locations where any new housing developments might deliver rental housing affordable to low income workers so as to help reduce the costs of commuting (14 September 2020).  More...

PCA: Reactivating our CBDS vital for economic recovery
Bringing people back to work in the CBDs of our major cities will be a vital part of Australia’s economic recovery from the impact of COVID-19. “While Australians have shown great flexibility in working from home during the pandemic, our building owners and managers have invested a lot of time and effort in creating COVID-safe workplaces to enable people return to the office (10 September 2020).  More...

Around 1.5 million new homes built in 10 years in Australia, but housing is becoming less diverse
New AHURI research examines the quantity, composition and distribution of new housing supply across Australia between 2006 and 2016 (08 September 2020).  More...

Australia ranks in top 20 for house price growth
Australia has ranked 19th across 56 countries after recording a 6.1 per cent rise in house prices over the year to June, according to the Knight Frank global house price index (08 September 2020).  More...

Victoria

Greencare works approval granted
Environment Protection Authority Victoria has granted a Works Approval to a Prescribed Industrial Waste management facility in Campbellfield (17 September 2020).  More...

EPA approves Melbourne regional landfill biogas expansion
Environment Protection Authority Victoria (EPA) has granted a Works Approval for a second biogas facility at the existing Melbourne Regional Landfill (17 September 2020).  More...

Protecting Geelong’s local heritage
The Victorian Government has moved to protect one of Geelong’s last surviving Victorian homesteads. Minister for Planning Richard Wynne has placed an interim heritage overlay over Claremont Homestead in Waurn Ponds until 31 December next year (16 September 2020).  More...

Continuing the journey to transform how we report on water
Through the Online Water Accounts you can explore the use and availability in the river basin, water corporation or town of your choice using an interactive map. You will also be able to download datasets of past data for each basin (15 September 2020).  More...

Better buildings for a more sustainable city
City of Melbourne Councillors will consider proposed changes to the planning scheme to deliver more sustainable buildings, which will lead to lower energy and water bills and a more sustainable and resilient city (14 September 2020).  More...

The Victorian Government announces consultation on a new Waste Authority
Sustainability Victoria welcomes the announcement by the Victorian Government of proposed new waste legislation and a proposed model for a new Waste Authority. Sustainability Victoria envisages a strong model of collaboration and partnership with the new Authority, with improved transparency and better outcomes for Victoria (14 September 2020).  More...

Longwarry saleyard works approval granted
After lengthy consultations including an online community meeting, Environment Protection Authority Victoria (EPA) has approved a Works Approval application from Longwarry Saleyards Pty Ltd (14 September 2020).  More...

Melbourne outlook takes $110bn dive
Land tax waivers for vacant properties, tax breaks for carpark owners and a freeze on rates tops the list of strategies to stop a $110 billion drop in economic output for Melbourne (11 September 2020).  More...

More tax relief for Victorian businesses and property owners
The Victorian Government is providing more tax relief for Victorians doing it tough due to the worldwide coronavirus pandemic. Treasurer Tim Pallas announced the Government will waive the Vacant Residential Land Tax for properties that are vacant in 2020 (10 September 2020).  More...

Modelling shows central city needs more support
New data confirms that inner Melbourne’s economy has been the hardest hit region in Australia under COVID-19 restrictions. ​The modelling by PricewaterhouseCoopers was commissioned by the City of Melbourne to help plan for economic recovery and support businesses (10 September 2020).  More...

Development projects fast-tracked in recovery bid
A $250 million commercial hub at Toorak village and a three-tower development in Fishermans Bend are two projects forming the latest tranche of “shovel-ready” projects the Victorian government says will help the state’s construction pipeline (09 September 2020).  More...

Gurner’s $1bn Fishermans Bend trio gains approval
Apartment projects are taking shape in the 480-hectare Fishermans Bend urban renewal precinct, with Gurner’s $1 billion trio of towers gaining approval (09 September 2020).  More...

Fast Track announcement good for jobs and confidence
The Property Council of Australia has welcomed the accelerated approval of more than $1 billion worth of new building and development projects across Victoria, while reiterating the importance of government and industry collaboration on further economic stimulus, and the safe reopening of real estate transactions and the CBD (09 September 2020).  More...

EPA fines RENEX
Environment Protection Authority Victoria (EPA) has fined Dandenong South company RENEX Op Co Pty Ltd over unauthorised construction works which did not have the necessary environmental approvals (09 September 2020).  More...

Veolia Portland applies for works approval
Environment Protection Authority Victoria is assessing a Works Approval application from Veolia Environmental Services Pty Ltd to install a 20ft refrigerated bunded storage container at its Portland Facility (09 September 2020).  More...

Victoria welcomes MDBA split and end to buybacks
The Commonwealth has adopted key Victorian positions on the Murray Darling Basin Plan, announcing there’ll be no buybacks as part of future water recovery and that the Murray Darling Basin Authority will be split (07 September 2020).  More...

Queensland

Waste company Bio-Recycle fined $300k for 'deliberate' illegal dumping of waste at Queensland landfill site
Waste company Bio-Recycle has been fined $300,000 after pleading guilty to two environmental breaches that saw the company accept 274,000 extra tonnes of waste over its allowed limit (18 September 2020).  More...

State invests $3.5 million to disaster-proof Queensland communities
Seventeen councils in regional Queensland will share in almost $3.5 million to fund priority infrastructure upgrades on roads, drainage systems and power supplies to better prepare for future natural disasters (16 September 2020).  More...

Sales Top $20m in Brisbane’s tallest Tower
Sydney-based developer Billbergia, along with partner AMP Capital, has sold $20 million worth of luxury apartments at its Brisbane Skytower development, defying the downturn in sales seen in the broader market (10 September 2020).  More...

PCA: Townsville needs to compete for investment
With the Townsville City Deal currently going through its three-year review process it’s an opportune time to revisit framework and engage with local stakeholders to get the best out of the deal going forward (09 September 2020).  More...

Residents reject 13-storey student accommodation over Langer garden
Spring Hill residents opposed to the proposal say the building will be too big and create more congestion in an already dense suburb (07 September 2020).  More...

In Practice and Courts

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)

A new Threatened Species Strategy
The Minister for the Environment, the Hon Sussan Ley MP, has announced on Threatened Species Day 2020 a commitment to a new ten-year Threatened Species Strategy. Consultation on the new Strategy will commence in October (10 September 2020).  More...

AWE: Public invited to have their say on the Reef 2050 plan
The Australian and Queensland governments invite Australians to have their say on a draft of the updated Reef 2050 Long-Term Sustainability Plan during a six-week public consultation period which closes on 30 September 2020.  More...

GBCA: Draft Green Star Homes Standard for consultation
Part of the Green Building Council of Australia’s Future Homes Strategy, the Standard is a key tool to help drive transformation in the residential sector to create a market for healthier, more resilient, energy efficient homes.
Consultation on the draft standard will run until 30 October 2020. A copy of the Green Star Homes Draft Standard and information on how to provide feedback is available here.

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

GBCA: Transitioning to Green Star – Design & as Built v1.3, Green Star – Interiors v1.3 and Green Star – Railway Stations v1.1
As the new section J provisions are now mandatory in most of the country, GBCA will be closing down registrations under Green Star – Design & As Built v1.2, Green Star – Interiors 1.2, and Green Star – Railway Stations v1 at the end of September 2020.  More...

NatHERS to include existing home assessments
The Nationwide House Energy Rating Scheme (NatHERS) is being extended to offer nationally accredited existing home energy assessments and ratings. Find out more at NatHERS for existing homes (10 September 2020).  More...

NATHERS: Windows training requirement is being reviewed
The NatHERS Administrator is reviewing the requirement for NatHERS Assessors to undertake Australian Fenestration Rating Council training to access the Custom Window Library in NatHERS Software. A final decision will be released in September 2020.  More...

NABERS reminder: Auditors, supervisors, and trainers panel announced
Congratulations to the new Panel Selection for NABERS Auditors, Supervisors, and Trainers, for October 2019-October 2022. Find the full list here.

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

Announcements, Draft Policies and Plans released 2020

Victoria

Draft Buffer Area Overlay – submissions open
DELWP is inviting submissions from the public on a draft Buffer Area Overlay to better manage land use and development in areas potentially affected by a range of health and safety impacts from industry, warehouse or other uses. Submissions can be made online at Engage Victoria and close on 14 October 2020 (17 September 2020).

Planning Schemes Online is closing
The old Planning Schemes Online website (planning-schemes.delwp.vic.gov.au) will be closing on 25 September 2020. All Victorian planning scheme information can now be found on the Planning website www.planning.vic.gov.au/planning-schemes. All visitors to the old site will be redirected to the relevant scheme home page on the Planning website, however we recommend you update any links or bookmarks in readiness for this closure (17 September 2020).

Melbpurne Airport Environs Safeguarding Standing Advisory Committee – submissions period extended
The Melbourne Airport Environs Safeguarding Standing Advisory Committee is currently seeking submissions to advise the Minister for Planning on improvements to the planning provisions safeguarding Melbourne Airport and its environs. Submissions are also welcome on improvements to planning provisions that may help safeguard other airport environs in Victoria. To learn more about the Committee and to make a submission, visit Engage Victoria. Please note, the Committee has extended the submissions period until, 2 October 2020 (17 September 2020).

Victoria's commercial land use zoning: Productivity reform case study
The case study was handed to the Council on Federal Financial Relations on 28 July 2020 and publicly released on 14 September 2020.  More...

Secondary dwelling code
To complement the code for Secondary Dwellings introduced by Amendment VC186, a digital assessment pathway tool has been developed to assist applicants in determining if their secondary dwelling application can be considered through the VicSmart pathway. The assessment tool and further information on secondary dwellings, including Frequently Asked Questions, a short explanatory animation and case studies can be accessed from the Secondary Dwellings webpage (10 September 2020).

Draft Yarra River – Bulleen precinct land use framework plan
The Department of Environment, Land, Water and Planning is seeking feedback on the draft Yarra River – Bulleen Precinct Land Use Framework Plan. The draft plan sets a vision and planning objectives to guide future land use and connections in this important cultural precinct. The advisory committee is inviting submissions until 25 September. To view the draft plan and to make a submission visit here.

SRO reminder: HomeBuilder Grant online applications
Online applications are now open for the Australian Government’s HomeBuilder Grant. Information about eligibility criteria and the supporting documents you will need to upload with your application is available on our HomeBuilder Grant guidelines web page. Applications must be lodged by no later than 31 December 2020.

Code of conduct for building surveyors
State Building Surveyor – The code clearly sets out examples of inappropriate conduct and establishes eight key areas of professional conduct that building surveyors in Victoria must follow. The building surveyor code commences on 1 January 2021.  More...

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

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. Stage 2 Workshops now October 2020.
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.

Approvals
Ballarat C216ballpt2 rezones land at 15 Lake View Court, Ballarat North, from Public Park and Recreation Zone to Schedule 1 to the General Residential Zone.
ardinia C241card applies the Public Acquisition Overlay 3 to five parcels of land to facilitate intersection development in accordance with the Officer Precinct Structure Plan and Officer Development Contributions Plan.
Corangamite C52cora replaces the Local Planning Policy Framework of the Corangamite Planning Scheme with a new Municipal Planning Strategy at Clause 02, a modified Planning Policy Framework at Clauses 11-19, and a selected number of local schedules of overlays, particular provisions and operational provisions in a manner consistent with changes to the Victoria Planning Provisions introduced by Amendment VC148.
Greater Dandenong C226gdan applies a Specific Controls Overlay (SCO11) to 27 Wilma Avenue, Dandenong to facilitate the development of a three-storey residential building consisting 10 dwellings for low-income Aboriginal people in Victoria, and makes associated changes to the planning scheme.
Greater Geelong C420ggee applies an interim Heritage Overlay to the land at 12-16 Kinsmead Street, Waurn Ponds until 31 December 2021.
Moreland C206more rezones land at 49 Sages Road, Glenroy from Industrial 1 Zone to Public Use Zone Schedule 5 and modifies the schedule to the Public Use Zone to apply conditions to development of the site, to facilitate its use for cemetery.
Mount Alexander C93malx alters the planning scheme maps and the Schedule to the Heritage Overlay so that the Mount Alexander Planning Scheme is consistent with the Victorian Heritage Register.
Central Goldfields C32cgol translates the Municipal Strategic Statement and Local Planning Policies of the Central Goldfields Planning Scheme into the new Planning Policy Framework at Clauses 10-19 and the Municipal Planning Strategy at Clause 02 introduced into the Victoria Planning Provisions by Amendment VC148. The amendment also changes the responsibility for issuing planning certificates under Clause 72.01 of the Central Goldfields Planning Scheme from the Central Goldfields Shire Council to the Minister for Planning.
Golden Plains C89gpla applies the Specific Controls Overlay to land at Lot 1 TP 966552 Midland Highway Gheringhap and inserts an incorporated document titled 'Gheringhap Service Station Advertising Signage, July 2020' to permit the development of signage for a previously approved service station.
Hepburn C79hepb applies an interim Heritage Overlay (HO987) to the Old Hepburn Hotel at 236 Main Road, Hepburn until 30 April 2021.
Stonnington C309ston amends the Schedule to Clause 45.12 ‘Specific Controls Overlay’ and applies SCO10 and the Incorporated Document ‘70-88 Greville Street & 42 Charles Street, Prahran – August 2020’ to the land at 70-88 Greville Street & 42 Charles Street, Prahran to facilitate the use and development of a six-storey residential aged care facility with partial demolition, buildings and works, and basement car parking, and makes associated changes to the Stonnington Planning Scheme.
Wyndham C239wynd applies the Heritage Overlay to sites within the Carter Avenue Precinct (HO136), including incorporating associated Heritage Design Guidelines, and amends the existing Heritage Overlay applying to The Manor (remnants) (HO102), associated mapping and updates Clause 72.04 to incorporate new Statements of Significance into the Wyndham Planning Scheme, on an interim basis.
Yarra C283yara amends the Schedule to Clause 45.12 ‘Specific Controls Overlay’ and applies SCO13 and the Incorporated Document ‘Walk Up Village, 81-89 Rupert Street, Collingwood – August 2020’ to the land at 81-89 Rupert Street, Collingwood to facilitate the use and development of a thirteen-storey (inclusive of mezzanine levels and with basement level), mixed-use building containing a residential hotel, retail, offices, cinema, restaurant, art and craft centre, art gallery, restricted recreation facilities, and community meeting facilities, along with basement car parking and other services, and makes associated changes to the Yarra Planning Scheme.

Exhibitions
Baw Baw C139bawb proposes to translate the Baw Baw Planning Scheme into the new Planning Policy Framework at Clauses 10-19 and Municipal Planning Strategy at Clause 2 introduced to the Victoria Planning Provisions by Amendment VC148. It also updates local schedules throughout the planning scheme to conform to the current form and content requirements. A limited policy change is proposed, mainly to correct errors and inadequacies of the existing local provisions.
Buloke C42blok proposes to remove Schedule 2 to the Environmental Significance Overlay (ESO2) Channel and Reservoir Protection from all locations throughout the Buloke Shire.

Panel Reports
Bayside C174bays Apply the Heritage Overlay (HO773) to the Esme Johnston House at 38 Grosvenor Street, Brighton.
Golden Plains C87gpla Implementation of the Inverleigh Structure Plan 2019.
Fishermans Bend Standing Advisory Committee Tranche 3 Development of 2-28 Montague Street and 80 Munro Street, South Melbourne (gazetted as Port Phillip C176port).

Queensland

Transferring petroleum infrastructure to landholders
A new guideline has been released to help facilitate the transfer of infrastructure from petroleum activities like bores, access tracks, small dams, fences and sheds to landholders. Transfer of infrastructure information and accompanying fact sheet for landholders is now available on our department's website. Guideline effective 6 September 2020.

Queensland COVID-19 fiscal and economic recovery
The Queensland Government has released its COVID-19 Fiscal and Economic Review. The review replaces the Government’s annual budget and is intended to reflect the impact of COVID-19 on the Queensland economy.
Key features: Extension of land tax and payroll tax relief measures; $1 billion direct investment in business through two new funds; Structural reform.
The Government has also announced the restructuring of several Government agencies. To read more about the Government’s COVID-19 Fiscal and Economic Review, please click here (08 September 2020).

Walkable Neighbourhoods
The Queensland Government has introduced the Mandatory Planning (Walkable Neighbourhoods) Amendment Regulation 2020. The new benchmarks may be overridden by local government planning schemes that enforce a stricter criteria. The benchmarks will apply to any subdivisions that:
- are in a residential (excluding rural residential or similar zone) tourism accommodation, emerging community or mixed-use zone
- have a single lot dedicated for residential purposes
- include the creation of roads or extension to existing roads.
The regulation will apply to all Development Applications lodged after 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).

Consultations
Cross River Rail Project – request for project change application 8
Closes 02 October 2020

Open for Consultation: Moreton Bay Regional Economic Development Strategy
Moreton Bay Regional Council has developed a Regional Economic Development Strategy that is now open for community consultation. The strategy provides a 20-year economic vision for Moreton Bay, and a blueprint for sustainable economic growth into the future. To view the draft strategy and provide feedback, please click here.

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...

Cases

Victoria

Anderson v Stonnington City Council [No 2] [2020] VSCA 238
COSTS – unsuccessful appeal – applicability of planning scheme amendment to development works in progress – appeal raised issues of general significance to planning law – whether departure from ordinary rule as to costs warranted by public interest considerations – mere presence of public interest considerations does not compel costs result – any public interest tangential to appellants’ primary purpose of private gain – legal issues raised resolved by application of well-established principles – any public benefit diminished on appeal – no departure from ordinary rule warranted – Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72, considered.  

Amanda and Claudia Pty Ltd v Darebin CC [2020] VCAT 1047
Section 77 of the Planning and Environment Act 1987; Darebin Planning Scheme; General Residential Zone Schedule 2; Development Contributions Overlay Schedule 1; Construction of five dwellings; Planning Policy; Design Response; Impact on the amenity of adjoining owners

Zha v Maroondah CC [2020] VCAT 1043
Section 77 of the Planning and Environment Act 1987 (Vic); Maroondah Planning Scheme; Neighbourhood Residential Zone, Schedule 3; Significant Landscape Overlay, Schedule 3; Neighbourhood Character; Landscaping; Overlooking.

Maynard v Monash CC [2020] VCAT 1045
Monash Planning Scheme; built form assessment on land within a higher order activity centre and a Residential Growth Zone; transition of built form at the interface between a Residential Growth Zone and a General Residential Zone; visual bulk impacts from a four storey apartment building.

Hill-Noble v Wangaratta RCC [2020] VCAT 1041
Section 82 of the Planning and Environment Act 1987 (Vic); Wangaratta Planning Scheme; Farming Zone; Floodway Overlay; Land Subject to Inundation Overlay; Bushfire Management Overlay; Fertiliser storage, distribution and sales; Noise and dust impacts. 

Galdes v Melton CC [2020] VCAT 1044
Section 77 Planning and Environment Act 1987; Melton Planning Scheme; Residential Growth Zone; Construction of nine dwellings; Character; Visual Bulk; Landscaping; Substantial Change Area; Visitor Parking.

Kachami v Wyndham CC [2020] VCAT 1042
Section 77 of the Planning & Environment Act 1987; Wyndham Planning Scheme; Urban Growth Zone Schedule 4; Development Contributions Plan Overlay Schedule 11; Construction of two storey mixed use building; whether use is consistent with the PSP; planning policy; neighbourhood character; Internal Amenity; Parking arrangements.

KM Construct Ashburton Pty Ltd v Boroondara CC [2020] VCAT 1034
Amend permit conditions 1 and all subsets, 3 and all subsets, 6 and all subsets, 14, 18, 19, 24 and 30.
Application under section 80 of the Planning and Environment Act 1987.

Trajcevski v Melton SC [2020] VCAT 1033
Melton Planning Scheme; repeat appeal principles; construction of medium density housing in a Residential Growth Zone; relevance of existing character in a Residential Growth Zone; built form outcomes in the Residential Growth Zone under the Melton Planning Scheme. 

Joenz Property Consultants Pty Ltd v Yarra CC [2020] VCAT 1030
Section 87A of the Planning and Environment Act 1987; Yarra Planning Scheme, Commercial 1 Zone, Heritage Overlay; amend permit to allow one additional storey; heritage and design considerations.

Pomeleigh Farm Pty Ltd v Mornington Peninsula SC [2020] VCAT 1029
Application under section 77 of the Planning and Environment Act 1987; Review the refusal to grant a permit; Mornington Peninsula Planning Scheme; Green Wedge Zone – Schedule 3 (GWZ3); Environmental Significance Overlay – Schedule 3 (Central Peninsula) (ESO3) and Schedule 28 (Mornington Peninsula Bushland) (ESO28); Significant Landscape Overlay – Schedule 1 (Ridge and Escarpment Areas) (SLO1); Clause 52.21 Private Tennis Court; Padel court; Loss and fragmentation of agricultural land.

Oleczek v Boroondara CC [2020] VCAT 1028
Section 82 Planning and Environment Act 1987 – Heritage Overlay – demolition – replacement dwelling – integration with heritage streetscape – impact on adjoining ‘contributory’ building.

Great Southern Waste Technologies Pty Ltd v Greater Dandenong CC [2020] VCAT 1024
Section 79 Planning and Environment Act 1987 – Industrial 2 Zone – waste to energy facility – Works Approval required – appropriate location – impact on amenity of area.

Adams v Yarra CC [2020] VCAT 971
Section 77 of the Planning and Environment Act 1987, Demolition, Overshadowing, Amenity impacts, car stacker, Overlooking, Clause 22.02, Clause 54. No permit.

Bull v Moonee Valley CC [2020] VCAT 1027
Section 82 of the Planning and Environment Act 1987. Moonee Valley Planning Scheme. General Residential Zone. Indoor recreation facility (escape room). Off-site amenity impacts. Car parking.

De Sanctis v Mornington Peninsula SC [2020] VCAT 1026
Construction of two double storey dwellings. Dwelling 1 to have street frontage to South Road and Dwelling 2 to face Wattle Road. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 

Najee v Hepburn SC [2020] VCAT 1020
Section 77 of the Planning & Environment Act 1987; Hepburn Planning Scheme; Medium density housing: Neighbourhood character (DDO4 & NCO1) No permit.

Walshe v Boroondara CC [2020] VCAT 1016
Section 82 of the Planning and Environment Act 1987, existing food and drink premises (café), extended operating hours, sale and consumption of liquor, amenity.

Davies v Mornington Peninsula SC [2020] VCAT 1012
Application under Section 77 of the Planning and Environment Act 1987; review of refusal to amend a permit; Mornington Peninsula Planning Scheme; alteration of access of front dwelling to a Road Zone Category 1; referral authority objection and traffic safety.

Gatt v Mornington Peninsula SC [2020] VCAT 1011
Application under Section 77 of the Planning and Environment Act 1987; review of refusal to grant a permit; General Residential Zone; three double storey dwellings; Mornington Peninsula Planning Scheme; Mornington Peninsula Localised Planning Statement; Housing and Settlement Strategy Refresh; neighbourhood character; overdevelopment and design response.

Burrows Street Pty Ltd v Bayside CC [2020] VCAT 1010
Application under Section 77 of the Planning & Environment Act 1987; review of refusal to grant a permit; Bayside Planning Scheme; General Residential Zone; three storey apartment building for six dwellings and front fence; moderate residential growth area; neighbourhood character; interface transition; visual amenity and tree protection.

View Holding Group Pty Ltd v Boroondara CC [2020] VCAT 1002
Amendment to permit – section 87A Planning and Environment Act 1987 - change from Dwellings to Student accommodation – impermissible transformation – characterisation of use – impacts on amenity – increase in building height under Design and Development Overlay (Schedule 17) – waiver of car parking.

Vicinity Centres Pty Ltd v Hobsons Bay CC [2020] VCAT 980
Section 79 Planning and Environment Act 1987, Commercial 1 Zone, Major Promotion Sign, Electronic Sign, sky sign, visual impact, clutter.

Deal (LG) Pty Ltd v Darebin CC [2020] VCAT 966
Section 149(1) Planning and Environment Act 1987, Amended Development Plan, building height, consistency with North East Corridor Strategic Plan, existing context, consideration of an adopted masterplan of a public authority. 

NJAI Pty Ltd v Stonnington CC [2020] VCAT 1003
Four-storey apartment building; Substantial Change Area; Residential Growth Zone Schedule 2; Neighbourhood Character; Amenity.

Farkas v Melbourne CC [2020] VCAT 996
Sections 77, 81(1) and 97P of the Planning and Environment Act 1987 (Vic); Application for extension of 15 year expiry of permit for a major promotion sign; Whether expiry condition can be extended by the Tribunal under section 85(1)(f) of the Act. 

Brady v Bayside CC [2020] VCAT 1022
Bayside Planning Scheme; Neighbourhood Residential Zone Schedule 3; Extension of a dwelling on a lot less than 500 square metres; Front fence exceeding 1.2 metres in height; Massing; Visual bulk; Neighbourhood character; Landscaping. 

Nepean Conservation Group Inc. v Mornington Peninsula SC [2020] VCAT 990
Application for review by an objector to the grant of a permit. Section 82 of the Planning & Environment Act 1987. Mornington Peninsula Shire planning scheme. Demolition and construction of jetty at Sorrento. Access along foreshore. Impact on coastal views. Private use of public infrastructure.

PCRDM Pty Ltd v Wyndham CC [2020] VCAT 987
Section 77 Planning and Environment Act 1987; Wyndham Planning Scheme; Truganina Employment Precinct Structure Plan; Urban Growth Zone; Industrial 3 Zone; Use of land for Restaurant.

Rodden v Melbourne CC [2020] VCAT 995
Application for review pursuant to section 79 of the Planning and Environment Act 1987, heritage issues, proposed amendment C258 and C309, neighbourhood character.

Cumming v Minister for Planning [No 2] [2020] VSCA 231
COSTS – Unsuccessful appeal – Planning permit for wind farm – Appellants’ motives included protection of endangered fauna – Whether departure from ordinary rule as to costs warranted – Whether departure warranted by public interest considerations – ‘Public interest litigation’ not a useful designation – Presence of public interest considerations does not compel costs result – Competing public interest considerations for Minister to resolve as part of permit process – Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72, considered – Whether departure warranted by impact of costs order on appellants – Impact on appellants alone insufficient to warrant departure – Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164, applied.

Anderson v Stonnington Council [2020] VSCA 229
STATUTORY INTERPRETATION – Subordinate instruments – Subordinate instrument amended to extend heritage overlay to property while development works in progress – Whether ‘right’ to complete works for purpose of Interpretation of Legislation Act 1984 s 28(2)(e) – ‘Right’ to be identified by reference to instrument – Western Australian Planning Commission v Temwood Holdings Pty Ltd [2004] HCA 63; (2004) 221 CLR 30, applied – Resort Management Services Ltd v Noosa Shire Council [1996] QCA 441; [1997] 2 Qd R 291, considered – Common opportunity to take advantage of absence of regulation not a ‘right’ – Robertson v City of Nunawading [1973] VicRp 81; [1973] VR 819, applied – Asserted right defined imprecisely – Asserted right a mere opportunity – Leave to appeal granted – Appeal dismissed
PLANNING AND ENVIRONMENT – Existing uses – Whether development works ‘use’ for purpose of Planning and Environment Act 1987 s 6(3)(d) – ‘Use’ does not extend to development – Nancy Shetland Pty Ltd v Melbourne and Metropolitan Board of Works (1974)
PRACTICE AND PROCEDURE – Application for leave to amend application for leave to appeal – Appeal from decision of judge of Trial Division to dismiss appeal on questions of law from Tribunal – Amendment sought to reintroduce issue withdrawn before Tribunal – Whether in interests of justice to permit amendment – Medical Practitioners Board v Lal [2009] VSCA 109; (2009) 23 VR 702, Commissioner of State Revenue v Mondous (2018) 55 VR 643, applied – Proposed amendment raised confined legal issue – Any evidentiary deficiencies to applicants’ disadvantage – Leave to amend granted 

Taha v Mornington Peninsula SC [2020] VCAT 989
Section 77 Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone; Three dwellings; Neighbourhood character

Greater Geelong CC v Transformer Metals Pty Ltd [2020] VCAT 984
Section 114 of the Planning and Environment Act 1987; Greater Geelong Planning Scheme; Urban Growth Zone; Materials Recycling & Refuse disposal; Rectification

Eunson Pty Ltd v Darebin CC [2020] VCAT 976
Section 77 of the Planning and Environment Act 1987, impact on significant tree on neighbouring property, design response, whether it is a site responsive design, proximity to Merri Creek environs, landscape response

Madden v Nillumbik SC [2020] VCAT 968
Sections 82 and 80 of the Planning and Environment Act 1987; Nillumbik Planning Scheme; General Residential Zone; Seven dwellings (six new dwellings to rear of existing dwelling); Native vegetation removal. Neighbourhood character. Off-site amenity impacts. Vehicle access. Traffic impacts.

Vimalanathan v Banyule CC [2020] VCAT 977
Two attached double storey dwellings; Site constraints; Neighbourhood character – planning policy versus existing contexts; Vehicle access.

Krestyn v Boroondara CC [2020] VCAT 974
Two double storey dwellings with basement floor levels; Heritage considerations; Amenity of adjoining properties; Neighbourhood Character. No permit.

Chios v Yarra CC [2020] VCAT 970
Section 82 of the Planning & Environment Act 1987; Yarra Planning Scheme; General Residential Zone Schedule 2; Construction of a three storey dwelling; Neighbourhood Character; Amenity Impacts; internal amenity.

Bryant v Yarra CC [2020] VCAT 963
Market; Residential amenity; Car parking; Permit expiry each year; Enforcement and review by the Council.

Stock Corporation Pty Ltd v Yarra CC [2020] VCAT 958
Mixed use development; Activity Centre expectation of development; Extreme flood risk; Managing flood risk.

KM Develop Pty Ltd v Banyule CC [2020] VCAT 946
Section 77 Planning and Environment Act 1987; Banyule Planning Scheme; Height; Visual Bulk; Overlooking; Mixed Use – retail and residential; interface between a mixed use and residential zone.

Muir v Bayside CC [2020] VCAT 889
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
The construction of a dwelling extension on a lot of less than 500 square metres.

Conway v Moreland CC [2020] VCAT 953
Moreland Planning Scheme; repeat appeal; neighbourhood character; landscaping; loss of existing vegetation; views from adjoining park; waste collection; secondary consent process.

Sharma v Monash CC [2020] VCAT 951
Two double-storey dwellings (with a basement) in a one-behind-the-other layout. Application under section 80 of the Planning and Environment Act 1987 – to review the conditions contained in the permit.

Queensland

Pimpama Commercial Pty Ltd v Council of the City of Gold Coast (No 2) [2020] QPEC 48
PLANNING AND ENVIRONMENT LAW – CHANGE OF APPROVAL CONDITITIONS – TAVERN – where tavern is approved for 12am closure – where application for extension of operating hours to either 2am or 4am – where tavern located in neighbourhood centre at Pimpama – whether the proposed extension of hours is consistent with the role and function of the centre -whether proposed extended operating times would unacceptably impact on amenity- whether there is a community need for the proposed extension of hours – whether the tavern should be open until the same time each night of the week.

Cleanaway Solid Waste Pty Ltd v Ipswich City Council & Ors [2020] QPEC 47
PLANNING AND ENVIRONMENT – APPEAL – where appeal against the respondent’s decision to refuse a development application to expand an existing landfill facility – where appellant proposes to change the development application – whether the change results in substantially different development – whether the change would cause a referral agency to assess the application against, or having regard to, a matter other than a matter it must have assessed the application against when the application was made – whether the change to the development application is a minor change as defined in the Planning Act 2016 - Planning Act 2016 Qld Schedule 2; Planning Regulation 2017 Qld Schedule 10 & Schedule 24; Planning and Environment Court Act 2016 Qld ss 10 and 46.

Logan City Council v Brookes (No 2) [2020] QDC 221
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING AND DEVELOPMENT PROSECUTIONS – SENTENCE – where the respondent has been found guilty of seven counts of breaching s 578 of the Sustainable Planning Act 2009 – where the relevant maximum penalty is 1665 units – where the appellant submits that a penalty of $7,000 to $14,000 should be imposed – where the respondent submits that no penalty should be imposed – whether and in what amount a penalty should be imposed
CRIMINAL LAW – APPEAL AND NEW TRIAL – COSTS – where the appellant appealed a decision of the Magistrates Court which dismissed seven complaints of carrying out assessable development without a permit – where the appellant was successful on appeal in this court – where the appellant makes an application for costs for the costs of the Magistrates Court trial – whether there are special circumstances which would warrant the appellant not being entitled to receiving costs
CRIMINAL LAW – APPEAL AND NEW TRIAL – COSTS – where the appellant appealed a decision of the Magistrates Court which dismissed seven complaints of carrying out assessable development without a permit – where the appellant was successful on appeal to this court – where the appellant makes an application for costs for the costs of the appeal to this court – where the appellant submits that pursuant to s 232A(2) of the Justices Act 1886 the appellant should be awarded costs in an amount in excess of the scale – whether the appeal was attended by special difficulty, complexity or importance
Justices Act 1886 Qld s 157, s 158, s 225, s 226, s 232A; Planning Act 2016 Qld s 176; Sustainable Planning Act 2009 Qld s 578.

Andema Pty Ltd v Noosa Shire Council [2020] QPEC 46
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application seeking a development permit for material change of use for a retail and commercial premises – whether the proposed development is of an appropriate height, bulk and scale – whether the roof form is appropriate – whether there are sufficient carparks – whether there is inconsistency between provisions of a code – whether the development should be approved in the exercise of discretion.

Dwyer & Dwyer v Sunshine Coast Regional Council [2020] QPEC 45
PLANNING AND ENVIRONMENT – APPEAL – Where the appellants sought a development permit for a material change of use to their residential property located at Minyama Island – Where the respondent Council refused the development application – Where the development application sought an extension to the appellants’ existing dwelling house by way of a roof top deck – Where the proposed roof top deck comprises a recreational area with fenced tennis court, indoor shelter area and lift access – Whether the development would achieve identified outcomes sought by the planning scheme – Whether the development should be approved despite substantial conflict with the planning scheme – Whether the development would be compatible with or unacceptably impact on amenity, character and streetscape, views and vistas and community expectations
Planning Act 2016 Qld ss 3, 5, 31, 43, 44, 45, 60; Planning and Environment Court Act 2016 Qld ss 43, 45, 46, 47
Planning Regulation 2017 Qld ss 30, 31, Sch 24; Sunshine Coast Planning Scheme, Version 18 2014 Qld
Sustainable Planning Act 2009 Qld s 326.

Toowoomba Regional Council v Wagner Investments Pty Ltd & Anor [2020] QCA 191
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS – EXERCISE OF POWERS AND DUTIES – IN RELATION TO INSTRUMENTS – where s 630(1) Sustainable Planning Act 2009 (Qld) (SPA) permitted a council, by resolution, to adopt charges for providing trunk infrastructure for development – where s 635 SPA permitted a council to give an infrastructure charges notice if a development approval had been given and an adopted charge applied for providing the trunk infrastructure – where s 636 SPA provided that a levied charge may be only for additional demand placed upon trunk infrastructure that will be generated by the development – where the Council issued an infrastructure charges notices for the development – whether the identification of additional demand generated by the development was a threshold issue for issuing the notice or whether the notice must issue for the additional demand generated by the development
STATUTES – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – INTERPRETATION ACTS AND PROVISIONS – EXERCISE OF POWERS AND DUTIES – IN RELATION TO INSTRUMENTS – where the respondents were the developers for a new airport and business park development – where the Council under the charges resolution issued infrastructure charges notices for the respondents’ development – where the development was classified as “air services” – where “air services” fell within the “special uses” development category in the table of adopted charges for non-residential development – where the charges resolution provided for the adopted charge for the “specialised uses” charges to be “the charge the Council determines should apply for the use at the time of assessment based on an assessment of use and demand” – where the Council assessed use and demand by selecting a development category from the table that best related in general terms to the proposed use of air services and the demand from that use – whether the Council was required to make a development specific assessment of use and demand
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – COURTS AND TRIBUNALS WITH ENVIRONMENTAL JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND AVAILABILITY OF APPEAL – where the respondents were the developers for a new airport and business park development – where the Council issued infrastructure charges notices for the development – where the respondents seek to appeal against the infrastructure charges notices – where s 478(2)(b) SPA allows grounds for an appeal where there is an error relating to the application of the relevant adopted charge – where the Council calculated the infrastructure charges notices by applying the adopted charge for the relevant development category to the gross floor area (GFA) of the development – where the primary judge accepted that there was little correlation between GFA and additional demand on trunk infrastructure – whether the challenge to the GFA methodology was precluded by s 478(3)(a) SPA
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – COURTS AND TRIBUNALS WITH ENVIRONMENTAL JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND AVAILABILITY OF APPEAL – where the Council issued infrastructure charges notices for the development for use of stormwater trunk infrastructure – where the preconditions to issuing an infrastructure charges notice were that there must be a relevant trunk infrastructure and there must be additional demand placed on that trunk infrastructure by the development – where the relevant waterway was trunk infrastructure – where none of the identified trunk infrastructure was downstream of the development – where the primary judge found that no additional demand would be placed upon the trunk infrastructure – whether the primary judge erred in finding infrastructure charge notices relating to stormwater trunk infrastructure were invalid.

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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