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Inside track: Planning, Environment & Sustainability

03 August 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

How to leverage our planning systems to address climate change
Senior policy and campaign officer at the PIA, Audrey Marsh, provides a step by step guide for how to overhaul planning systems across various levels and jurisdictions in Australia to help solve the climate crisis (13 July 2021).  More...

Victoria

Japanese telco giant plans 1500-home Melbourne estate
Yourland will develop the Donnybrook Road site, which has the capacity for 1500 homes across 1250 lots, with Nippon acting as its capital partner. The site is in a new 110ha suburb that is part of the already approved Donnybrook Woodstock Precinct Structure Plan(23 July 2021).  More...

New guide for managing climate-change risks
The Victorian Managed Insurance Authority has released a guide for Victorian Government organisations outlining minimum requirements for managing climate-change risks (22 July 2021).  More...

Recycling projects to support businesses and create jobs
Used coffee grounds equivalent to six million lattes will be composted into Victorian gardens as the Andrews Labor Government boosts funding for new and innovative projects to divert food waste from landfill (15 July 2021).  More...

Research shows CBD economy will bounce back
New research by Deloitte Access Economics shows Melbourne’s CBD economy will grow by $6 billion in 2021 and is on-track to return to pre-COVID levels by late 2024 (12 July 2021).  More...

Queensland

Student tower planned for historic Brisbane site
Brisbane’s Lee family is pursuing a 180-unit purpose built student accommodation project in Brisbane’s Fortitude Valley, switching from its plan to sell the heritage-listed site occupied by the Waltons, Overells and Lincoln Mills buildings (23 July 2021).  More...

Businesses urge early insight into historic 4000-day games project pipeline
With an historic 11-year head start, economic and tourism experts have also warned more immediate benefits flowing from the Brisbane 2032 announcement would likely be from publicity alone (23 July 2021).  More...

What the games means for Brisbane’s property market
With the newly-announced Brisbane Olympic Games some 11 years away, the flow-on effects are likely to be gradual and centred around significant infrastructure upgrades and the associated medium-term uplift in jobs and longer-term improvements in transport efficiency (21 July 2021).  More...

Gold Coast to host giant eco-parkland
The Department of State Development, Infrastructure, Local Government and Planning has begun the process to compulsorily acquire 148 hectares of land on the Southern Gold Coast. The Department said the acquisition would create the Currumbin Eco-Parkland, one of the largest eco-parklands in Australia (20 July 2021).  More...

Office tower approved for Brisbane’s north quarter
Charter Hall will have its pick of two development applications for 309 North Quay after both were approved by the Brisbane City Council. The Blight Rayner Architecture-designed developments are 6-star Green Star towers that would reportedly be “Brisbane’s most externally sun-shaded commercial building”. (19 July 2021).  More...

Wildlife 'win' as government moves to take Currumbin land from developers
After decades of debate and failed negotiations, the state government says it will compulsorily acquire 148 hectares of commercially owned Gold Coast land to protect flora and fauna (17 July 2021).  More...

Native title recognised for Wangkamahdla people
A native title determination will “change the lives” of traditional owners the Wangkamahdla People in central west Queensland (15 July 2021).  More...

Recycling to become a boom industry in Queensland
Queensland is set to scale up its waste recycling infrastructure with an $80 million combined investment that will scale up, transform, and grow the state’s waste and recycling industries (13 July 2021).  More...

In Practice and Courts

Victoria

Designated bushfire prone areas (BPA) map updated
On 6 July 2021, BPA Review 18 updated the mapping in 15 municipalities. The Planning Property Report and VicPlan reflect the changes. The next review is now open from 08 July 2021.  More...

Bellarine Peninsula distinctive area and landscape: Draft statement of planning policy
DELWP invites written submissions on the Draft Bellarine Peninsula Statement of Planning Policy. The draft SPP has been prepared by DELWP in collaboration with Traditional Owners the Wadawurrung, the Borough of Queenscliffe, the City of Greater Geelong and relevant government agencies. The draft SPP will guide the future of land use and development on the Bellarine Peninsula for the next 50 years. For further information please visit Engage Victoria. Submissions must be lodged by 20 August 2021.

Queensland

Proposed citywide amendment to Brisbane City Plan 2014 (amendment K)
Brisbane City Council is now seeking public consultation on proposed changes to Brisbane City Plan 2014 – Major Amendment package K. Public consultation is still underway to provide comment on the Our Productive City Brisbane’s Industrial Future. Consultation is open until 16 August 2021

DAMS and SPP IMS updates
21 July 2021 – aquaculture development areas
Update the State Planning Policy (SPP) Interactive Mapping System to include two additional Aquaculture Development Areas in the Hinchinbrook Shire region. The ADAs are an 'information' layer only under the SPP IMS (non-regulatory) SPP IMS.  More...

Cases

Queensland

CSR SPV 1 Pty Ltd & Anor v Brisbane City Council [2021] QPEC 35
PLANNING AND ENVIRONMENT – APPEAL – application for reconfiguring a lot (1 lot into 3 lots) – whether proposed lots too narrow. Planning Act 2016 Qld ss 45 and 60; Planning and Environment Court Act 2016 Qld ss 43, 45 and 46. Building Act 1975 Qld s 33.

Dunland Property Pty Ltd v Brisbane City Council [2021] QPEC 34
PLANNING AND ENVIRONMENT – APPEAL – appeal against a refusal of a change application to a preliminary approval – where the change application sought to include a condition of approval that specifies the minimum rate of on-site carparking for multiple dwelling use – where the effect would be to specify rates of on-site carparking corresponding with those that previously applied under the Transport, Access, Parking and Servicing Policy (TAPS Policy) at the time when the preliminary approval was granted and also at the time the change application was made and decided – where those rates have subsequently changed to higher rates – whether the proposed change is of a kind that can be considered – whether the change is a minor change because it would not result in substantially different development – whether the change removes an integral component of the development – whether the change ought be granted in the exercise of discretion – where the traffic engineering evidence called by the respondent did not consider the merits of the proposed on-site carparking provision – where the traffic engineering evidence called by the appellant was to the effect that the proposed rates would be sufficient in the circumstances – whether fairness requires the holder of a preliminary approval to be protected from subsequent changes to development standards – whether the rights of submitters would be unduly compromised – whether the appellant ought be left to justify its proposed on-site provision when it applies for later approvals – where change justified on its merits
Planning Act 2016 Qld ss 49, 53, 78, 81A, 286, sch 2; Planning and Environment Court Act 2016 Qld ss 43, 45, 47
Sustainable Planning Act 2009 Qld.

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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