In the media
Commonwealth
Infrastructure Projects vital to economic recovery
An aggressive agenda to fund and build infrastructure
projects needed to boost the livability and productivity of major
cities and regions will be essential to Australia's recovery
from the economic effects of COVID-19, according to the UDIA. The
list represents a blueprint for the projects that federal, state
and local governments should be targeting for investment and
delivery (26 February 2021). More...
Rebounding transport & agriculture sectors will
cause emissions to soar
As covid travel restrictions ease and Australia's
agriculture sector rebounds from years of crippling drought, new
research from the Australia Institute Climate & Energy Program
shows that the recoveries of the Transport and Agriculture sectors
will cause Australia's emissions rise significantly - reversing
emissions reductions made in 2020 (25 February 2021). More...
Regional preferences means regional reform for housing
is needed
Around 20 per cent of city dwellers would like to 'go
country' according to a new Regional Australia Institute survey
(24 February 2021). More...
Victoria
EPA charges lead to $150k rehabilitation project by
Coliban Water
Environment Protection Authority Victoria
(EPA) has successfully argued in a Kyneton
Magistrates' Court on 2 March that Coliban Water must make a
significant contribution to rehabilitating damage it
caused when it discharged treated wastewater to the Campaspe
River in breach of its EPA licence in 2019 (02 March 2021).
More...
Mordialloc Fwy recycled plastic noise walls a world
first
In a world first, noise walls along the Mordialloc Freeway
will be made from 75 per cent recycled plastic collected from
households across the state, as part of a drive to build
Australia's greenest freeway (01 March 2021). More...
Better apartment designs for our neighbourhoods
The Andrews Labor Government is improving the design of
apartments and ensuring they provide more open green space for
residents, with new planning rules make sure new apartment designs
are attractive, built from durable materials and don't
exacerbate windy conditions for the street and public spaces (28
February 2021). More...
Victoria's $5.3bn social housing build under
way
The ambitious 10-year strategy, dubbed the Big Housing
Build, aims to address the growing waiting list for social housing
has ballooned to more than 48,000 households, an increase of more
than 8000 in the second half of 2020 (25 February 2021). More...
CEFC backs 300 MW Victorian Big Battery to strengthen
grid and support more renewable energy
The CEFC on behalf of the Australian Government has
invested $160 million to build the Neoen 300 MW Victorian Big
Battery, providing a critical boost to the state's grid
security while driving down power prices and supporting more
renewable energy (25 February 2021). More...
Queensland
Cleanaway fined
The Department of Environment and Science has issued
Cleanaway Solid Waste Pty Ltd with two penalty infringement notices
totalling $26,690 (05 March 2021). More...
Lansdown eco-industrial precinct labelled
Townsville's number one city deal project priority
The Queensland Government and Townsville City Council have
joined forces to push for Australia's first environmentally
sustainable industrial precinct to be funded under the Townsville
City Deal (04 March 2021). More...
Protecting Gold Coast waterways and lifestyle at centre
of climate adaptation partnership
The Palaszczuk Government and City of Gold Coast will
partner to plan and develop new technologies, infrastructure and
environmental management practices under a new agreement aimed at
tackling climate change (04 March 2021). More...
Property Council welcomes announcement of Growth Areas
Delivery Team
The Property Council of Australia welcomes the
announcement of a new Growth Areas Delivery Team by the State
Government to tackle South-East Queensland's population boom
and land supply issue (03 March 2021). More...
New team to lead planning for state's future
growth
A specialist team will be created to ensure Queensland can
keep up with population growth and the demand for housing and
infrastructure development that comes with it - all part of the
Government's economic recovery plan, to create more jobs and
development in our state (03 March 2021). More...
Kangaroo Point's high density development leaves
residents unhappy
Kangaroo Point is an inner-city suburb undergoing rapid
transformation but residents want more infrastructure and
consultation on its future (01 March 2021). More...
Three of Brisbane's five new bridges are hanging in
limbo
Three of the five new green bridges slated for inner-city
Brisbane are still awaiting decisions on their final design and
location almost a year after the council's re-election (24
February 2021). More...
Pressure mounts on Brisbane City Council to reduce
developer influence
A range of groups are now asking Brisbane City Council to
reduce the ability of developers, as landholders - to influence the
neighbourhood planning phase (24 February 2021). More...
Planned $2 billion Eagle Street Pier reformation
appealed by Riparian Plaza owners
The planned $2.1 billion reformation of Brisbane's
Eagle Street Pier by developers Dexus has been appealed in court by
the commercial owners of a neighbouring tower. Its commercial
owners, Riverside Development Pty Ltd, said the development should
have been impact assessable, not code assessable (24 February
2021). More...
$2bn Waterfront Brisbane development appealed in
planning court
A massive $2 billion redevelopment of Eagle Street Pier
could be delayed or overturned after a court appeal is lodged by
the commercial owners of a neighbouring tower (24 February 2021).
More...
In Practice and Courts
Victoria
Amendment V10
Amendment V10 inserts new Clause 44.08
Buffer Area Overlay into the Victoria Planning Provisions. The
Buffer Area Overlay (BAO) can be applied to planning schemes
through future amendments to prevent encroachment of incompatible
use and development in areas near industry and other uses, where
there are potential impacts on human health or safety, or
significant impacts on amenity. Planning Practice Note 92 has been
updated to include guidance on use of the BAO. Further information
about the BAO can be viewed here (04 March 2021).
Consumer Victoria: New renting regulations available -
News alert
The Residential Tenancies Regulations 2021 are now
available. The new regulations will come into operation on 29 March
2021. For the full list of requirements, you can access the
regulations at New regulations for rental housing - Engage
Victoria.
Safeguarding and reactivating our heritage
Applications for Round 6 of the Victorian Government's
competitive community Living Heritage Grants Program will close on
26 March 2021. Eligible applicants may apply
for an amount between $20,000 and $200,000 per project, to fund
conservation works to 'at risk' places and objects included
on the Victorian Heritage Register. To find out if you are
eligible visit 2021 Program Guidelines and Frequently Asked Questions. For more
information, please visit our website.
Victoria's Draft 30-Year Infrastructure
Strategy
We have released Victoria's Draft 30-Year Infrastructure
Strategy and are inviting all Victorians to have
their say. Community consultation ended on February 26, 2021.
The final 30-year infrastructure strategy will be presented to the
Victorian Government in mid-2021. To read the draft strategy, or
participate in community consultation opportunities visit here.
Extension to the declaration of Surf Coast, Bellarine
Peninsula and Bass Coast as distinctive areas and landscapes
The Governor in Council, under section 46AT(3) of
the Planning and Environment Act 1987, has approved the
extension of time required to prepare Statements of Planning Policy
for Surf Coast, Bellarine Peninsula and Bass Coast for a further 12
month period.
New Environment Protection Act postponed to July
2021
The legislation has been postponed and is intended to
commence on 1 July 2021. On that basis, EPA will continue to
regulate under the Environment Protection Act 1970, including all
existing subordinate legislation (Regulations and statutory
policies including state environment protection policies and waste
management policies) until the new commencement date. More...
Announcements, Draft Policies and Plans released 2020
Queensland
DES prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions (March 2021). More...
Reminder: Modernised body corporate regulations to start
in March 2021
The Queensland Government has finalised a modernised set
of corporate regulations to take effect from 1 March 2021. For more
information please see the regulations below and the explanatory
materials
available here.
Moreton Bay economic strategy
Moreton Bay Regional Council has released its Regional Economic Development Strategy 2020 -
2041 to support its 'Bigger, Bolder, Brighter'
vision. Five key region building projects are The Mill (former
Amcor Petrie Paper Mill site); Southeast Queensland Northern
Freight Terminal; Wamuran Irrigation Scheme; North Harbour PDA;
Scarborough Harbour Masterplan (February 2021).
PCA: New Sunshine Coast planning scheme
The Sunshine Coast Council will begin community
consultation on a new planning scheme later this year. The changes
are expected to align with newer state and local planning policies
including the South-East Queensland Regional Plan which is set to
be renewed next year. The new planning scheme is expected to be
delivered in 2024 (February 2021). More...
Consultations
Inland Rail - Calvert to Kagaru project - draft
environmental impact statement Closes 8 March 2021.
Inland Rail - Border to Gowrie project - draft
environmental impact statement Closes 19 April 2021.
Cases
Victoria
Manor Central Nominees Pty Ltd v
Wyndham City Council [2021] VSC
92
LOCAL GOVERNMENT - power of council in s 187, Local Government Act
1989 (Vic) to acquire land - compulsory acquisition of easement -
land not reserved for a public purpose under a planning instrument
- whether acquisition of land in a prescribed class of land within
s 5(2), Land Acquisition and Compensation Act 1986 (Vic) -
Construction of reg 6(b), Land Acquisition and Compensation
Regulations 2010 (Vic) - nature of interest acquired - Local
Government Act 1989 (Vic), ss 187, 187A - Land Acquisition and
Compensation Act 1986 (Vic), s 5 - Land Acquisition and
Compensation Regulations 2010 (Vic), reg 6
JUDICIAL REVIEW - whether power to acquire land exercised for an
improper or ulterior purpose - scope of power of acquisition in s
187, Local Government Act 1989 (Vic) - whether permissible to infer
the Council's purpose from evidence of statements by Council
officers and consultants - acquisition within scope of power -
Local Government Act 1989 (Vic), ss 3A, 3C, 3E, 3F, 187.
Spiteri v Wyndham
CC [2021] VCAT 134
A planning permit is not required to park the commercially
registered vehicle discussed in this case at Mr Spiteri's
property at 17 Fulham Court, Hoppers Crossing.[1] Parking a truck
in the driveway of a house
Application under section 77 of the Planning and Environment Act
1987 - to review the decision to refuse to grant a
permit.
Queensland
Wormell Pty Ltd v Gold Coast City
Council & Anor [2021] QPEC
12
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT
CONTROL - CONSENTS, APPROVALS, PERMITS AND AGREEMENTS -
MODIFICATIONS - GENERALLY where the appeal concerns an approval of
an application for a material change of use from warehouse to
indoor recreation - whether the plan is inconsistent with an
existing development condition - whether the proposed development
plan is prohibited by previous development plan - where the
appellant submits that an earlier development approval is binding -
where the respondents submit that the proposed development is
independent of the regulated use under the earlier development
approval - where it was found that the proposed development is not
prohibited Planning Act 2016 Qld s 66(2), s 73.
Pelican Noosa Pty Ltd v Noosa
Council [2021] QPEC
11
ENVIRONMENT AND PLANNING - DEVELOPMENT CONTROL - CONTROL OF
PARTICULAR MATTERS - GENERALLY - where the appellant was successful
in an application to extend a jetty - where the jetty was
constructed longer than permitted and contrary to a setback - where
the appellant submitted a change application following - where the
respondent refused the change application - whether the change
application was for a minor change - whether the change should be
made
Noosa Plan 2006 Qld; Noosa Plan 2020 Qld; Planning Act 2016 Qld s
45, s 60, s 63, s 68, s 81, s 81A
Planning and Environment Court Act 2016 Qld s 43, s 45, s 46.
Baker v Chief Executive, Department of
State Development, Manufacturing, Infrastructure and Planning &
Anor [2021] QPEC 10
PLANNING AND ENVIRONMENT - ORIGINATING APPLICATION - application
seeking declarations and consequential orders as to whether a
development application required assessment by the respondent -
whether the development application was for high impact earthworks
- whether operational work diverts water to or from a wetland in a
wetland protection area
Planning and Environment Court Act 2016 Qld s 11; Planning Act 2016
Qld ) ss 3, 45, 56, Schedule 2.
Traspunt No. 14 Pty Ltd v Moreton Bay
Regional Council [2021] QPEC
4
PLANNING AND ENVIRONMENT - APPEAL AGAINST REFUSAL OF DEVELOPMENT
APPLICATION - where proposed development involved largescale
residential development
WHERE PROPOSED DEVELOPMENT RAISED NUMEROUS ISSUES - where proposed
development did not comply with provisions of the planning scheme
concerning ecology - where proposed development raised issues in
respect of koala habitat - removal of trees - transport - civil
engineering - stormwater
CONFLICT WITH PLANNING SCHEME - whether proposed development
complied with provisions of relevant planning scheme - whether
proposed development was out of step with strategic objectives of
planning scheme - whether proposed development would result in out
of sequence development
TOWN PLANNING - whether proposed development would result in
developable or developed lots
Planning Act 2016 Qld ss 45, 60; Planning and Environment Court Act
2016 Qld ss 43, 45
Sustainable Planning Act 2009 Qld s 326.
Traspunt No. 7 Pty Ltd v Moreton Bay
Regional Council [2021] QPEC
9
PLANNING AND ENVIRONMENT - APPLICATION - COSTS - where the
appellant's appeal against a condition of a development
approval was dismissed - where respondent sought an order as to
costs - whether the proceeding was frivolous or vexatious - whether
costs should be assessed on the indemnity basis
Acts Interpretation Act 1954 Qld s 14
Planning and Environment Court Act 2016 Qld s 59, s 60.
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.