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Inside track: Planning, Environment & Sustainability

08 December 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Federal government needs to ramp up transmission infrastructure, or jeopardise renewables
Australia stands to stymie its own renewables rollout, not through a lack of generation – but transmission – if the federal government doesn’t move faster on crucial infrastructure (22 November 2021).  More...

Mirvac hits carbon positive nine years ahead of schedule
Diversified group Mirvac has become Australia’s first property company to achieve a net positive result for scope 1 and scope 2 carbon emissions, nine years ahead of its 2030 target (17 November 2021).  More...

Climate change and low-income housing
The impacts of increasing temperatures, rainfall and strong wind events due to climate change are a serious concern for Australia’s housing stock (16 November 2021).  More...

Victoria

EPA fines Visy Paper over Reservoir odour
EPA has fined a paper recycling company more than $9,000 for failing to take action to stop odour from its Reservoir plant affecting people in nearby neighbourhoods (25 November 2021).  More...

Decision protects East Gippsland’s precious environment
The Fingerboards Mineral Sands Mine near Bairnsdale will not proceed with the Minister for Planning concluding the project would have unacceptable risks to the environment (24 November 2021).  More...

Melbourne CSIRO site $500m redevelopment approved
Plans for a transformative 1000-dwelling residential precinct have been given the green light for one of Melbourne’s largest infill development sites—but it will cater for just 15 per cent of the future housing needs of the city’s bayside area (19 November 2021).  More...

Streamlined or autocratic? Minister’s planning powers gradually grow
Planning Minister Richard Wynne has amassed unprecedented powers, approvals and oversight over the state’s planning system. Critics warn local and community interests are being usurped (19 November 2021).  More...

Developers pounce as big CBD companies turn to city fringe offices
Developer Bill McNee is taking advantage of big-city companies’ newfound willingness to sign leases in trendy city-fringe locations (17 November 2021).  More...

Queensland

Planning reform a step in the right direction
The Property Council has welcomed the Queensland Government’s proposed planning reform measures as recognition of the important role an efficient planning system plays in delivering affordable land supply. Once rolled out more broadly, these reforms will bring together land use and infrastructure planning in targeted growth areas (24 November 2021).  More...

QIC appointed developer of cross river rail station precincts
The State has formalised the agreement for QIC to deliver real estate solutions for four of the above-ground precincts of Brisbane’s Cross River Rail. These agreements establish QIC as the precinct developer of these four transit-oriented precincts – Boggo Road, Woolloongabba, Albert Street and Roma Street (22 November 2021).  More...

Property Council warns against further regulation
The Property Council of Australia has welcomed the appointment of Alison Quinn, as Chair of the Queensland Government’s Developer Review Panel, but has warned against the introduction of further regulation that will drive up costs for the industry (16 November 2021).  More...

Maps sent to residents confirm route for alternative to Bruce Highway
The next stages of the Bruce Highway western bypass are shown in a map sent to property owners impacted by the middle Caboolture West section (15 November 2021).  More...

Council unveils designs for Toowong and St Lucia green bridges
Designs for Brisbane’s new green bridges have been unveiled with Brisbane residents invited to have their say on the proposals, for the Toowong to West End and St Lucia to West End Green Bridges. At Toowong, a new landscaped riverfront park and landing plaza will be created (14 November 2021).  More...

In Practice and Courts

Victoria

LPLC – we've updated our tax checklist
Practitioners who deal with conveyancing matters need to be both aware of tax issues in this area of law, and actively keep up to date with new developments. LPLC has a dedicated webpage for all resources and publications relating to property tax. Including our recent articles and flowcharts about duty. We have updated our Tax issues checklist with more detail about foreign person additional duty surcharge, and extra duty where there is land development and nominations (2021).

Panel reports
Melbourne C387melb – apply the Heritage Overlay to 137 individual places and 5 precincts within the study area of the Hoddle Grid Heritage Review 2020. 

Queensland

Royal commission into national natural disaster arrangements – Queensland Government implementation – first progress report 2021
The Queensland Government remains committed to making Queensland the most disaster resilient state in Australia and strives to safeguard people, property and the environment from disaster impacts, while recognising the importance of empowering and supporting local communities to manage disaster risks, respond to events and be more resilient.  More...

Priority growth area legislative amendments proposed – Caboolture West
The Deputy Premier has announced a new framework for ‘Priority Growth Areas’ to address the challenge of integrating land use and infrastructure planning across government, utility providers and the private sector. The pilot project in Caboolture West will also inform potential changes to the existing local and state infrastructure charging regime. It is expected that legislative amendments will be drafted in early 2022, with broad consultation to follow (24 November 2021).  More...

Brisbane City Centre Master Plan
Brisbane City Council launched Stage 1 of the Brisbane City Centre Master Plan at a Property Council breakfast. Stage 1 of the Master Plan contains 15 key priorities over the short term to entice people back into the city centre. Council is seeking to work with all tiers of Government and the private sector to deliver upon the fifteen priorities contained in the Master Plan. To view the Brisbane City Centre Master Plan Stage 1, please click here (23 November 2021).

PCA: Queensland Government commences its review into the role of developers
The review will examine if developers should be included in security of payment measures
The scope includes developers’ operational and financial capacity, ethical behaviour, and work practices (16 November 2021).

Northshore Hamilton PDA – Development Scheme Amendment
Economic Development Queensland (EDQ) has commenced a review of the development scheme to ensure it continues to operate effectively as the overarching planning document for the PDA. EDQ has now announced that the proposed Development Scheme Amendment and DCOP is open for public review and comment from 22 October – 3 December 2021.  More...

Cases

Victoria

Thorpe v Head, Transport for Victoria & Ors [2021] VSC 750
DECLARATION AND INJUNCTION – presence of Aboriginal places – whether a real controversy exists between parties – where no reliance placed on approval decision under Aboriginal Heritage Act 2006 (Vic) to conduct future works – availability of civil court declaration as to past criminal conduct in respect of past works – whether any threat to Aboriginal cultural heritage requiring restraint – whether court should make declaration or grant injunction in advance of statutory process to be undertaken – Aboriginal Heritage Act 2006 (Vic), ss 61, 63 – Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 19, 39(1) – acts incompatible with human rights – whether Charter claim survives strike out or summary judgment of non-Charter claim – standing – insufficient identification of relevant act and associated harm
PRACTICE AND PROCEDURE – application to further amend statement of claim – applicable test – proposed amendments allege improper purpose and corrupt motive – duties owed by Representative Aboriginal Party under Aboriginal Heritage Act 2006 (Vic) – whether pleadings have no real prospect of success – Supreme Court Act 1986 (Vic), s 29(2) – Supreme Court (General Civil Procedure) Rules 2015 (Vic), Order 36 – proposed pleadings address arguable claims but inadequate in current form – leave refused
PRACTICE AND PROCEDURE – application by defendant for summary dismissal or stay – whether a real controversy exists between the parties – Supreme Court (General Civil Procedure) Rules 2015 (Vic), Order 23 – Civil Procedure Act 2010 (Vic), s 63 – summary judgment granted
This proceeding seeks orders for the protection of certain places and things said to constitute Aboriginal cultural heritage within the meaning of the Aboriginal Heritage Act 2006 (Vic) (Heritage Act). Construction of a 12-kilometre section of the Western Highway Duplication project.

Queensland

Allen-Co Holdings Pty Ltd v Gympie Regional Council [2021] QPEC 64
PLANNING AND ENVIRONMENT – APPEAL – appeal against an infrastructure charges notice (ICN) – where there was an error in the calculation of the charge and the ICN should be set aside and replaced – where debate as to the terms of the replacement ICN – where a charge may be levied because the development will place extra demand on trunk infrastructure – where the adopted charge in the charges resolution must be used to calculate the levied charge – where the adopted charge rate for the development is $13,330 – where the Council asserts this rate should be the basis for the replacement ICN – where the appellant contends that the rate of $13,330 should be discounted on the basis that the development will generate extra demand on some forms of trunk infrastructure, but not others – whether the charges resolution should be so construed as to justify the application of a proportional discount
Planning Act 2016 QLD ss 112(1), (3), 113(1), 119, 120, 130 229(a), Sch 1 Table 1 Item 4, Sch 2
Planning Regulation 2017 QLD s 52(3)(a), Sch 16.

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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