In the media
Commonwealth
Report published: Review of disability premises
standards
The Government has published the findings from our review
of the Disability (Access to Premises – Building) Standards
2010, commonly known as the Premises Standards. The review
identified opportunities for improvement in 3 main areas:
Regulatory reform, information sharing and governance (29 September
2021). More...
Architects lay down challenge for carbon-neutral
building
Australia's debate about reducing carbon emissions has
widened to construction, with the lobby group for architects, the
Australian Institute of Architects, mounting a push for the
building industry to be net carbon zero in as little as nine
years' time (28 September 2021). More...
Farmers to reap benefits of recycled food and garden
waste
The Morrison Government has launched a $171 million bid to
take 3.4 million tonnes of food and garden waste out of landfill
each year, diverting it to farms to create healthier soils and a
better environment (28 September 2021). More...
Victoria
Supersized Cremorne site to kick off post-lockdown
transactions
One of the largest single land holdings on Melbourne's
city fringe, the property will catch the attention of developers
and investors focused on the once a run-down industrial suburb,
which is now the beating heart of a warehouse-led city-fringe
office revival (30 September 2021). More...
Melbourne Airport could block housing as far as
Sunshine
The introduction of Melbourne Airport's third runway
might see a planning shake-up that stymies development in the
city's growing northern and western suburbs (30 September
2021). More...
Showdown at the Macedon Ranges, where growth and beauty
collide
Proposed changes to planning rules in the Macedon Ranges
have prompted some residents to raise fears of overdevelopment (27
September 2021). More...
Community interest in junction place
More than 100 community members have attended the first of
three online community sessions about the refreshed master plan for
the landmark Junction Place precinct in Wodonga. Junction Place is
Australia's largest regional urban renewal project, being
delivered by Development Victoria, in partnership with City of
Wodonga (27 September 2021). More...
City of Melbourne preparing to turn itself Inside
Out
The City of Melbourne is cutting red tape, fast-tracking
permits and thinking differently to bring the buzz back to the CBD
– by turning the city inside out (24 September 2021). More...
$80 million in regional housing funding up for
grabs
The Victorian Government is calling on all developers and
landowners in regional Victoria to put forward any developments or
vacant land that could be turned into social or affordable housing
(23 September 2021). More...
Luxury apartments to tower above Chapel Street's Jam
Factory
Four luxury apartment towers – the highest rising 25
levels – will rise above Chapel Street's famous Jam
Factory as part of a new $1.5 billion proposal for the historical
South Yarra retail landmark (22 September 2021). More...
New on-farm accommodation plan to boost workforce
Farmers across Victoria can now invest in worker
accommodation on their farms without the need for a planning
permit, under a new streamlined planning approval process adopted
by the Victorian Government (21 September 2021). More...
Laying the groundwork for more housing in Central
Victoria
The Victorian Government is helping the gold rush town of
Talbot to grow by providing more housing options for workers in
Central Victoria, with $630,000 to go towards future development in
the town, which has been identified as a growth corridor for the
region (20 September 2021). More...
Saluting Melbourne's maritime heritage
The City of Melbourne will consider developing a new
maritime heritage trail and work with the Victorian Government to
redevelop the Mission to Seafarers building to breathe new life
into Docklands (20 September 2021). More...
NSW
NSW set to halve emissions by 2030
NSW is set to attract more than $37 billion in investment
while slashing emissions by 50 per cent below 2005 levels by 2030,
under updated projections and objectives released as part of the
Net Zero: Stage 1 Implementation Update (29 September 2021). More...
Arbitrary metrics: Government and developers face off
over green space
Green space has emerged as a key battleground between the
NSW government and property developers over reforms to boost the
design standards of apartment blocks (27 September 2021). More...
NSW water strategy and report on National Water
Reform
The NSW Government has launched the first ever NSW Water
Strategy. Also being launched is the Productivity Commission report
on National Water Initiative (27 September 2021). More...
Housing data all under one roof
Information that illustrates the supply pipeline of new
homes and infrastructure will be available at the touch of a button
with the launch of two new online platforms that will better
support planning and investment in NSW (24 September 2021). More...
Queensland
Queensland wants to be a renewable energy "super
power" but, still, industry is the one pushing the
sustainability envelope
With the Olympics looming and other states strengthening
commitments to cut emissions by the end of the decade, will
Queensland take the opportunity to snatch gold or end up getting
stuck on the block? (30 September 2021). More...
St Vincent's plans redevelopment for Kangaroo Point
hospital site
St Vincent's Health Australia has lodged a six-staged
development masterplan for the redevelopment of St Vincent's
Hospital in Kangaroo Point. The application specifies that designs
shown are indicative concepts which are not final and doesn't
form part of this particular development application, but rather
focusses on approval for the broader masterplan (29 September
2021). More...
Queensland court overturns $136k costs ruling in failed
NBN tower battle
A Queensland man who lost a court battle over having an
NBN tower near his house will no longer have to pay NBN Co $136,000
in costs. The case – and specifically the costs ruling
– and led to a crowdfunding effort that raised about $25,000
(23 September 2021). More...
In Practice and Courts
Australian Heritage Grants 2021-22 are open
Grants totalling $5.3 million are now available for
projects that protect Australia's rich tapestry of cultural,
natural and historic heritage sites (21 September 2021). More...
Victoria
New educational requirements for prospective
conveyancers
On 30 September 2021, changes to the educational
requirements for conveyancers will take effect.
To learn more, view Apply for a conveyancer's licence –
individual. Those undertaking the current course have until 19
April 2022 to complete that course (30 September 2021). More...
Planning consultations: Melbourne's Future Planning
Framework
Planning Initiative – Melbourne's Future
Planning Framework: Long-term strategic plans to guide land use,
infrastructure, transport and development for the next 30 years in
the six Melbourne metropolitan regions. Closes on 24 October 2021.
More...
NSW
NSW Revenue: Land Tax Build to Rent
The NSW Government is introducing a land tax discount for
new build-to-rent housing projects until 2040 and a new Housing
Diversity SEPP to provide more housing options, greater surety for
renters, boost construction and support jobs during the COVID-19
recovery. Guidelines for the land tax reduction for build-to-rent
properties can be read here). More...
Renewable energy and regional cities
Notification start-end date 13/09/2021 –
11/10/2021
The Infrastructure SEPP sets out the planning rules and controls
for infrastructure in NSW. As part of these ongoing improvements,
the NSW Government has proposed changes to the rules for where
renewable energy projects can be built. More...
Queensland
PCA submissions
Submission Update: Gold Coast Light Rail
The Property Council has provided the following submission to
Government on Stage 4 of the Gold Coast Light Rail.
Draft 20-year State Infrastructure Strategy (SIS)
The draft SIS sets out our approach to connecting our
regions and creating liveable communities with essential services
and infrastructure across Queensland like the schools, hospitals
and roads that our growing State will need into the future. Comment
on the SIS can be provided online until 7 October at this PS News link.
Public consultation: Queensland's renewable energy
zones (QREZs)
Public consultation would be followed by a technical paper
later in the year, for feedback from industry and other energy
stakeholders on the framework for QREZ design and access. The
online survey is open until 30 September 2021. More...
Land Restoration Fund: Round 2
Applications are open for the Land Restoration Fund Investment Round 2. For
more information about details required under Stage 1 and 2 read
the LRF Investment Application Guidelines.
Submissions are now being accepted. Submissions close on 8 October
2021
Amendment of Planning Regulation 2017
The Department of State Development, Infrastructure, Local
Government and Planning has advised that the Planning Regulation 2017 was amended on 17
September by the Planning Amendment Regulation (No.1)
2021.
The amendments: Extend the expiry date of the economic support
instrument provisions by 12 months until 17 September 2022 make
several minor changes to increase the efficiency of the Planning
Regulation. These clarify provisions relating to the content of
planning and development certificates and referral agency
requirements for end-of-trip facilities.
Cases
NSW
Toga Addison Pty Ltd atf Toga Addison
Unit Trust v Randwick City Council [2021]
NSWLEC 1580
DEVELOPMENT APPLICATION – question of statutory
construction – use of extrinsic material to aid
interpretation of environmental planning instrument –
permissibility of residential flat building – street wall
height – weight to be given to new development control plan
– design quality – design excellence.
Contill Holdings Pty Ltd ATF Revay
Discretionary Trust v Randwick City Council
[2021] NSWLEC 1543
DEVELOPMENT APPLICATION – boarding house –
whether motorbike parking in the basement should be counted towards
the calculation of the gross floor area – whether the design
of the proposed development is compatible with the character of the
local area.
Sell & Parker Pty Ltd v Minister
for Planning and Public Spaces [2021] NSWLEC
1563
APPEAL – appeal pursuant to s 8.7(2)(a) of EPA Act
– condition requiring the satisfaction of Secretary
concerning ancillary matter – appeal following the period
after which the Secretary of the Department is deemed to not be
satisfied – waste metal recycling facility – State
significant development – stockpile plans prepared for fire
orders following a fire on the site – modification
application submitted site plan and stockpile plan –
inconsistency between stockpile plan and site plan –
condition concerned the submission of a Final Stockpile Plan
"to the satisfaction of the Secretary and FRNSW" –
interpretation of condition – condition ought not be
interpreted in a manner that could render it ultra vires or the
approval void – the Court can have regard to the objective
circumstances surrounding its imposition – on the facts the
condition was imposed to resolve inconsistency – condition
satisfied.
Cavcorp Australia Pty Ltd v Hunters
Hill Council [2021] NSWLEC
104
PLANNING AND ENVIRONMENT – application to modify
development consent – amendment of – amendment
responsive to Commissioner's preliminary decision –
agreement to amendment – whether appropriate – costs
thrown away by amendment – whether appropriate to order.
Save Sydney's Koalas (South West)
Inc v Lendlease Communities (Figtree Hill) Pty Limited (No
2) [2021] NSWLEC
102
ENVIRONMENT AND PLANNING – development application
– validity of consent – cl 6.3 of Campbelltown Local
Environment Plan 2015 – whether development control plan
provided for a staging plan – not essential or necessary that
staging provides for multiple stages and sequencing –
discretion not lead to invalidity of consent ENVIRONMENT AND
PLANNING – extension of time for commencing proceedings
– whether extension should be granted under r 59.10 of
Uniform Civil Procedure Rules 2005 – adequate explanation for
delay – particular interest in challenging decision –
potential prejudice to persons and public interest – leave
not granted for extension ENVIRONMENT AND PLANNING –
development application – validity of consent –
application of ss 8.3 and 8.4 of Biodiversity Conservation Act 2016
– whether biodiversity certification operated such that cl 10
of State Environmental Planning Policy (Koala Habitat Protection)
2020 had no operative effect on consent – effect of
Biodiversity Certification – cl 10 State Environmental
Planning Policy (Koala Habitat Protection) 2020 not a mandatory
consideration – leave to further amend summons refused
– summons dismissed.
Queensland
Redland City Council v King of Gifts
(Qld) and HTC Consulting Pty Ltd & Anor
[2021] QCA 210
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
where, in 2018, the primary judge granted an appeal pursuant to s
461(1) of the Sustainable Planning Act 2009 (Qld) ('SPA')
against the applicant's refusal of a development application
for a material change of use to develop land for a service station,
drive through restaurant and an on-site effluent disposal
irrigation area – where, in 2020, this Court granted an
application for leave to appeal and allowed an appeal against the
2018 judgment upon the ground that the primary judge had erred in
principle in the application of s 326 of the SPA – where in
this Court's 2020 decision the orders made by the primary judge
were set aside and the matter was remitted to the Planning and
Environment Court to be determined according to law – where
no additional evidence was adduced at the remitted hearing –
where, on rehearing, the primary judge allowed the appeal, and
approved the development application subject to conditions –
where the applicant seeks leave to appeal against that judgment
upon the ground that the primary judge erred by finding in fact
that there was a need for the proposed development and its
constituent elements, at the proposed location, in the absence of
any evidence of that fact – where in the 2017 reasons the
primary judge described the proposed development as
"fundamentally different in nature and size (in terms of its
footprint) to the types of uses and development that the Redlands
Planning Scheme envisages on the subject site" – where
the primary judge also found there was a need for the proposed
development that was sufficient to justify approval despite the
conflicts with the Redlands Planning Scheme – where the
primary judge relied on economists' and town planners'
reports for that finding – where the primary judge found
there was a "clear and strong level of economic need"
– where the primary judge found that the combined effect of
six matters established that "the public interest in approval
of the proposed development is greater than the public interest in
upholding strict compliance with the Redlands Planning Scheme by
refusing the development" – whether the primary judge
erred in law by making that finding in the absence of supporting
evidence Sustainable Planning Act 2009 Qld s 326(1)(b).
Upan Company Pty Ltd v Gold Coast City
Council (No. 2) [2021] QPEC
50
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF
OTHER CHANGE APPLICATION – where original application
concerned stepped form high rise residential development –
where appellant seeks approval of other change application for
built form residential development – where proposed other
change concerns reductions of storeys, increase of building
height
CONFLICT WITH PLANNING SCHEME – where proposed development
results in unacceptable impacts in respect of setbacks and site
cover – loss of stepped design – building height
transition – where appeal dismissed
Planning Act 2016 Qld s 78.
Paige Pty Ltd v Redland City
Council [2021] QPEC
51
PLANNING AND ENVIRONMENT – APPLICATION –
Application in pending proceeding – application for minor
change – where the development application seeks a
development permit for reconfiguration of lots – where, at
the time of the decision, the development application provides
access to Bunker Road – where the proposed change includes
removal of vehicular access to Bunker Road – whether the
proposed change is a minor change
Planning Act 2016 Qld Sch 2; Planning and Environment Court Act
2016 Qld s 43, s 46.
Boyneglade Property Developments Pty
Ltd v Gladstone Regional Council & Ors
[2021] QPEC 48
PLANNING AND ENVIRONMENT – APPEAL – appeal
against deemed refusal of a development application for an
integrated lifestyle retirement facility in the Rural zone
PLANNING AND ENVIRONMENT – ASSESSMENT – compliance with
the planning scheme – whether there is a need for the
proposed development – reverse amenity impacts –
whether there are relevant matters which justify the proposed
development. Planning and Environment Court Act 2016 Qld ss 46 and
43; Planning Act 2016 Qld ss 45, 60 and 61.
Legislation
Victoria
No 124 Subdivision (Procedures) Regulations
2021
The Subdivision (Procedures) Regulations 2021 were made by the
Governor in Council on 28 September 2021 and will come into effect
on 3 October 2021. On that date they will replace the Subdivision
(Procedures) Regulations 2011.
The Regulations include provisions that:
" prescribe time limits for things done under the Subdivision
Act 1988 (the Act)
" prescribe forms authorised by the Act
" provide for procedures relating to the certification of
plans
" require councils to maintain a register of applications made
under the Act
" provide for other matters authorised by the Act.
As with the 2011 Regulations, transitional provisions have been
included.
No 120 Tourist and Heritage Railways Regulations
2021
These Regulations come into operation on 21 September 2021.
NSW
Floodplain Management Plan for the Macquarie Valley Floodplain Order 2021 (2021-555) – published LW 24 September 2021
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
