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Inside track: Planning, Environment & Sustainability

08 November 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Commonwealth

Federal election shapes up as affordable housing game-changer
Australia is hurtling towards a housing affordability catastrophe but the coming federal election and pandemic economic recovery policy with a strong focus on residential construction could be a game-changer (29 October 2021).  More...

Property industry to play critical role in the race to net zero
The PCA has announced the important role the property industry will play in achieving net zero. Australia’s transition to sustainable housing could both protect the home building sector, as well as spur growth in delivering more than half a billion dollars of additional investment in the construction industry by 2030 (29 October 2021).  More...

Dexus and Fortescue lead ASX with science-based, Scope 3 inclusive, net zero strategies
Corporate leadership on reducing emissions is a growing trend in Australia, but companies could do better to ensure their strategies align with global science and international leadership, according to a new report by ClimateWorks (19 October 2021).  More...

Victoria

Victoria continuing to cut greenhouse gas emissions
Victoria’s emissions are continuing to fall with an emissions report clearly demonstrating the state’s transition to a net zero emissions economy by 2050 is on track. The Government has set targets to halve emissions by 2030 as part of its Climate Change Strategy released in May this year (29 October 2021).  More...

Longer tunnel and a green light for North East Link
The North East Link project will deliver a longer tunnel to Watsonia, a new tree-lined boulevard for Greensborough Road and more than 50 MCGs of new, revived and reconnected parklands, with the major contract now awarded (28 October2021).  More...

Building new regional homes for those who need it most
The Andrews Labor Government is getting on with delivering the state’s biggest ever social housing build and calling on all community housing agencies to put forward proposals for new social housing in regional Victoria (25 October 2021).  More...

Architect appointed for new GOTAFE Shepparton centre
A leading Australian architecture firm will design the Victorian Government’s new world-class facility at GOTAFE Shepparton. The GOTAFE Archer Street campus works were funded as part of the Building Better TAFEs Fund in the Victorian Budget 2021/22 (22 October 2021).  More...

Council unveils ambitious strategy to cut emissions
The City of Melbourne is leading the way on tackling climate change, with an ambitious new plan to cut the organisation’s carbon emissions (21 October 2021).  More...

Queensland

Historic school may be first casualty of Brisbane’s 2032 Olympic Games
At the centre of political tensions over Brisbane’s run to the Olympics is the Gabba stadium, and a neighbouring school that has survived for over a century (30 October 2021).  More...

Thousands of homes to be delivered through Qld’s record investment in social and affordable housing
The Palaszczuk Government releases plans to deliver more than 7000 new social and affordable homes for Queenslanders over the next four years, with the announcement of the government. Interested proponents are invited to register on the QHIGI portal and download the expression of interest form at qld.gov.au/HousingInvestment.  More...

Thousands of homes to be delivered through Qld’s record investment in social and affordable housing
The Palaszczuk Government is forging ahead with plans to deliver more than 7000 new social and affordable homes for Queenslanders over the next four years (26 October 2021).  More...

Five renewable announcements in two weeks
It’s clear that Queensland is turning its eyes to the future to be a global leader in renewable energy and manufacturing. In just the past fortnight, five important announcements were made in north, central and south east Queensland, aimed at driving our renewable energy future (20 October 2021).  More...

In Practice and Courts

Commonwealth

EPA monthly social media PIN summary – October
A summary of Penalty Infringement Notices publicised by the EPA via social media channels in October 2021 (28 October 2021).  More...

Victoria

SRO: Proposed windfall gains tax
It is proposed that a new windfall gains tax will be applied to land rezoned by a planning scheme decision made on or after 1 July 2023 where the decision results in an increase in the value of the land by $100,000 or more. The effective rate of tax will be up to 50% of the value uplift. The SRO website will be updated with further information once the measure becomes law. In the meantime, see Department of Treasury and Finance website (2021).

Approvals
VC173 changes the VPP and various planning schemes in Victoria by updating the land affected by the Melbourne Airport Environs Overlay in the Brimbank, Hume, Melton, Moreland, Moonee Valley and Whittlesea municipalities consistent with the Melbourne Airport Master Plan 2018, which was approved by the Federal Government in 2019. The amendment includes limited transition provisions and consequential updates to the VPP and affected planning schemes.

Queensland

PCA advocacy alert: Olympics legislation
The Government has introduced the Brisbane Olympic and Paralympic Games Arrangements Bill 2021 into the Queensland State Parliament. This bill will provide the framework for the establishment of the Brisbane Organising Committee for the 2032 Olympic and Paralympic Games. It is anticipated that the composition of the board will be made up of nominations from across three levels of government, with directors appointed for an initial four year term (27 October 2021).

Northshore Hamilton PDA
The Queensland Government is now seeking submissions on the new draft plan for the Northshore Hamilton Priority Development Area. This area has also been earmarked to be the major Athlete’s Village for the 2032 Brisbane Olympic and Paralympic Games. These amendments have been proposed to consider the future needs of the local community. Consultation will be opened until 3 December and more information can be found here (27 October 2021).

Cases

Victoria

Brighton Foreshore Association Inc v Bayside City Council [2021] VSCA 284
ADMINISTRATIVE LAW – application for leave to appeal the decision of trial judge with respect to appeal on question of law – application at first instance for leave to appeal decision of Victorian Civil and Administrative Tribunal granting planning permit for use of land as life saving club, multi-purpose function space, and café – whether powers and restrictions imposed by An Act to vest land in the Mayor Councillors and Burgesses of the Borough of Brighton for purposes of Public Recreation 1877 (Vic) (‘Vesting Act’) on land owner were required to be taken into account in Tribunal’s review of a decision under the Planning and Environment Act 1987 about land the subject of the Vesting Act – whether trial judge erred in concluding the Tribunal was not required to consider the effect of the Vesting Act in reaching its decision as to whether a planning permit should be granted for the proposed uses – whether mandatory consideration – whether open to Tribunal to conclude that proposed uses will be ancillary to use of the land as a place of public resort or recreation – whether trial judge erred in analysis of application of the Vesting Act to the proposed uses by presupposing that the respondent Council had the power to lease part of the subject land; by accepting that the proposed uses might be permissible as incidental or ancillary uses to the use of the land subject to the Vesting Act as a ‘place of public resort or recreation’; in failing to have proper regard to whether any monetary profits to arise from the proposed uses would be devoted to the public purpose contemplated by the Vesting Act – leave to appeal refused – City of Dandenong v Woolley (1983) 57 LGRA 315, Randwick Corporation v Rutledge [1959] HCA 63; (1959) 102 CLR 54, Municipal Council of Mosman v Spain [1929] NSWStRp 45; (1929) 29 SR (NSW) 492, Trustees of Royal Botanic Gardens and Government Domain v Sydney City Council (1965) 11 LGRA 407, Ryde Municipal Council v Macquarie University [1978] HCA 58; (1978) 139 CLR 633 considered; Walker v Shire of Flinders [1984] VicRp 33; [1984] VR 409, Storey v North Sydney Municipal Council [1970] HCA 44; (1970) 123 CLR 574, Waverley Municipal Council v Attorney-General (1979) 40 LGRA 419 distinguished – an Act to vest land in the Mayor Councillors and Burgesses of the Borough of Brighton for purposes of Public Recreation 1877, Local Government Act 1874 s 483, Planning and Environment Act 1987 ss 60(1), 60(1A), 84B(1), 84B(2), Victorian Civil and Administrative Tribunal Act 1998 s 148.

Queensland

Infinite Aged Care (Cornubia) Pty Ltd v Logan City Council [2021] QPEC 58
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL – CONSENTS, APPROVALS, PERMITS AND AGREEMENTS – REFUSAL AND REASONS FOR REFUSAL – where the appellant appeals against the refusal of an application for land reconfiguration – where the proposed reconfiguration is to split one lot into eight lots – where the development is for a residential care facility – where the local city council refused the application – where there is non-compliance with the existing planning scheme – whether there are adverse consequences due to non-compliance – where respondent submits that the proposed reconfiguration would result in overdevelopment
Planning Act 2016 Qld s 45; Planning and Environment Court Act 2016 Qld s 43.

Riverside Development Pty Ltd v Brisbane City Council & Ors [2021] QPEC 56
PROCEDURE – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – where applicant seeks orders for further disclosure – whether documents sought are directly relevant to an issue in dispute – whether order for further disclosure should be made
Planning & Environment Court Rules 2018 QLD r 4; Uniform Civil Procedure Rules 1999 QLD rr 209, 211 and 223.

Sunshine Coast Regional Council v Dwyer [2021] QPEC 53
COURTS AND JUDGES – CONTEMPT – PARTICULAR CONTEMPTS – DISOBEDIENCE OF ORDERS OF COURT – where an enforcement order was made in the Planning and Environment Court – where the order required the removal or demolition of rooftop structures – where the order required the rooftop to be restored to an earlier condition – whether and to what extent the respondent has not complied with the enforcement order – whether the respondent had a lawful excuse – whether the respondent is in contempt of the enforcement order
PLANNING AND ENVIRONMENT – PROCEDURE – ORDERS – VARYING AND STAYING – EXTENSION OF TIME TO COMPLY – where an enforcement order was made in the Planning and Environment Court – where there has not been compliance with the whole of the order – where there is a pending development application for the approval of some of the structures the subject of the enforcement order – whether the order should be varied to defer or delay its effect.

Legislation

Victoria

Acts

Act Number: 41/2021 Date of commencement: 19 October 2021
Building Amendment (Registration and Other Matters) Act 2021 (Vic)Sections 1 and 2, 3 to 46, 49A to 54 of this Act came in by forced commencement on 19 October 2021 s. 2(1)

Assented

Building Amendment (Registration and Other Matters) Act 2021 (Vic)
Act Number: 40/2021 Date of assent: 19 October 2021

Suburban Rail Loop Act 2021 (Vic)
Act Number: 43/2021 Date of assent: 19 October 2021

Great Ocean Road and Environs Protection Amendment Act 2021 (Vic)
Act Number: 42/2021 Date of assent: 19 October 2021

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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