In the media
Commonwealth
Federal 'Housing Supply Deals'could smash supply
bottlenecks to ease affordability pressure
New Federal 'housing supply deals' could help ease
housing affordability pressures by unlocking thousands of new
dwellings in key areas of housing need, according to the Property
Council of Australia (04 November 2021). More...
Victoria
We get knocked down: Melbourne the nation's house
demolition capital
Melbourne has become the knockdown and rebuild capital of
Australia in the past five years, new data from the Australian
Bureau of Statistics reveals, with some suburbs adding four new
homes for each one lost to the wreckers since 2016 (12 November
2021). More...
Melbourne CBD could be close to self-sustaining through
fully integrated solar
New modelling, on a scale ranging from individual
structures through to neighbourhoods and an entire city, has shown
that buildings in the City of Melbourne could provide 74% of their
own electricity needs if solar technology is fully integrated into
roofs, walls and windows (11 November 2021). More...
'Nation-building' $25b plan for chain of towers
linking CBD with MCG
A private investment group wants to build apartments,
green spaces, restaurants, a school and a TAFE on top of the rail
lines between Flinders Street and South Yarra stations (10 November
2021). More...
Cbus Resubmits Plans for $1bn Melbourne Tower
Super fund-backed developer Cbus Property has redesigned
and resubmitted plans for its approved $1-billion-plus Bourke
Street office tower in central Melbourne. "[The redesign] aims
to bring workers back to the city and respond to an ever-evolving
Melbourne workforce with a greatly enhanced focus on
sustainability, wellness, collaboration, connection to the public
community, nature and productivity."
(09 November 2021). More...
Parks saddle up to rein in wild horses
Parks Victoria has released a new plan to reduce feral
horse impacts and protect the Alpine National Park. A Parks
Victoria spokesperson said the Feral Horse Action Plan 2021
detailed an approach to feral horse management that was built on
knowledge and experience (04 November 2021). More...
Queensland
Consolidated Properties Files Three-Tower Plan for ABC
Site
New plans for a three-tower, $520-million project on the
former ABC Toowong site in Brisbane's inner-west have been
unveiled by Consolidated Properties Group (13 November 2021).
More...
Green light for new Queensland highway to give the Bruce
a break
A route has been chosen for a highway just north of
Brisbane, where semi-rural blocks will be developed to house 70,000
people (11 November 2021). More...
Joe Adsett Architects Propose 15 Storey 'River
Arc' for Kangaroo Point
A development application has been submitted by
developer-architect Joe Adsett Architects for a 15 storey
residential building located at 44 O'Connell Street, Kangaroo
Point. Architects have deliberately chosen to limit the density of
the development to 14 sky homes in order to differentiate their
offering from other projects in the area (02 November 2021).
More...
Palaszczuk's billions still not enough to halt
regional housing crisis
A deepening housing crisis in regional Queensland has
prompted the Palaszczuk Government to throw billions at the rising
accommodation deficit, amid calls from councils for a national
summit to fast-track urgent action (02 November 2021). More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2021
Queensland
Consultations
Local Government Sustainability Framework -
discussion paper Closes on 30 November 2021
Queensland Housing Investment Growth Initiative (QHIGI)
procurement process
The Queensland Housing Investment Growth
Initiative procurement process has now opened. The
QHIGI is being delivered through three funding initiatives:
Housing Investment Funding - funding to
develop partnered projects to increase social and affordable
housing supply
QuickStarts Qld - capital investment
program to accelerate planned acquisitions, new construction and
redevelopment opportunities to deliver new homes
Help to Home - partnerships with property
owners, landlords and registered community housing providers to
headlease homes to people who are eligible for social housing
The procurement process is now open and you can register your
interest in developing a strategic partnership with the Queensland
Government here (November 2021).
Cases
Victoria
Helman v Strathbogie SC (Red Dot) [2021]
VCAT 1274
NATURE OF CASE Permit to use and develop land for a 'warehouse
(fireworks, explosives and ammunition)' - Whether the
applicants have standing under sections 89(1)(a) or 89(1)(b) of the
Planning and Environment Act 1987 to request cancellation of the
grant of the permit
LOCATION OF PASSAGE OF INTEREST Paragraphs 50-69, 70-76, 77-93,
190-209, 252-302
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
LEGISLATION - interpretation or application of statutory
provision
Section 52(1)(a) - What is 'adjoining' land?
Section 52(2)(a)(ii) - What is a 'newspaper' and what does
'generally circulating in the area in which the subject land is
located' now mean in a world of online publishing?
Section 89(1)(a) - Does a person requesting cancellation of a
permit have standing if notice was not given under section 52(1)(a)
to an owner or occupier who has not requested cancellation?
Section 89(1)(b)(iii) - Was a failure to include permit conditions
requested by an objector in exchange for withdrawal of the
objection a material mistake in relation to the grant of a
permit?
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory
provisions is required or desirable
The decision has been referred to the Minister for Planning to
consider a review of the newspaper notice provisions in section
52(2)(a)(ii) because they were enacted before the advent of online
publishing.
Queensland
G Santalucia Investment Pty Ltd v Bundaberg
Regional Council [2021] QPEC 63
PLANNING AND ENVIRONMENT - APPEAL - APPEAL AGAINST ENFORCEMENT
NOTICE - where the appellant was given an enforcement notice under
s 168 of the Planning Act 2016 in relation to earthworks - where
the appellant appealed against the decision to give the enforcement
notice - whether the Planning Regulation 2017 prohibits the
Planning Scheme from categorising the operational works as
assessable development - whether the enforcement notice should be
set aside in the exercise of the discretion
Planning Act 2016 QLD s 43, s 44, s 163, s 168; Planning and
Environment Court Act 2016 QLD s 43, s 45; Planning Regulation 2017
QLD s 16, sch 6; Sustainable Planning Act 2009 QLD s 232;
Sustainable Planning Regulation 2009 QLD s 16, sch 6.
Redland City Council v Canaipa Developments
Pty Ltd & Ors [2021] QPEC 62
ENVIRONMENT AND PLANNING - APPLICATION - COSTS - final enforcement
orders compelling compliance with a lawful and functioning on-site
sewage and wastewater treatment system - whether the first and/or
second respondents ought pay the applicant council's costs of
the enforcement proceeding pursuant to s 60(1)(b) and/or 61(1) of
the Planning and Environment Court Act 2016 - whether
respondents' conduct in the proceeding frivolous or vexatious -
whether costs be assessed on the standard or indemnity basis
Environment Protection Act 1994 Qld; Planning and Environment Court
Act 2016 Qld ss 59, 60, 60(1)(b), 61(1).
Lasker v Holeszko [2021] QDC
270
CRIMINAL LAW - APPEAL AND NEW TRIAL - OTHER MATTERS - where the
appellant was charged with four offences against the Sustainable
Planning Act 2009 (Qld) in the magistrates court - where the
magistrate found that the appellant should be found guilty in
respect of each of the four charges and imposed a penalty of
$75,000 - where both the conviction and sentence is appealed under
s 222 of the Justices Act 1886 (Qld) on various grounds - whether
the evidence adduced by the prosecution was insufficient to
establish the defendant's guilt beyond reasonable doubt in
relation to each of the four charges - whether expert evidence was
inadmissible as it relied on evidence not before the court -
whether an exhibit was inadmissible as it was a copy, not an
original - whether the prosecution was not required to prove that
the vegetation that was allegedly cleared was "remnant
vegetation" of a particular regional ecosystem - whether
erroneous weight was placed on the evidence of an expert on the
basis that they failed to comply with the established scientific
method - whether the learned magistrate correctly applied s 76 of
the Justices Act 1886 ("JA") in the application of
Schedule 24 of the Sustainable Planning Regulation 2009
("SPR") - whether the sentence was manifestly
excessive.
QCoal Pty Ltd & Anor v Isaac Regional
Council [2021] QPEC 60
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
development application for a Works Camp in the Rural zone PLANNING
AND ENVIRONMENT - ASSESSMENT - compliance with regional plan and
planning scheme - whether there is a need for the proposed
development - whether there are relevant matters which justify the
proposed development - Planning and Environment Court Act 2016 Qld
ss 43, 45 and 46; Planning Act 2016 Qld ss 45 and 60.
Hill & Ors v Sunshine Coast Regional
Council [2021] QPEC 59
ENVIRONMENT AND PLANNING - DEVELOPMENT CONTROL - APPEAL AGAINST
REFUSAL - where the appellants submitted a development application
for a material change of use for use as multiple dwelling units -
where the subject site is located in a low density residential zone
- where the development is to be located on a battle axe lot -
where the respondent refused the application - whether the proposed
development is inconsistent with the character of the local area -
whether the proposed development would result in an unacceptable
negative effect on the amenity of the local area
Planning Act 2016 Qld s 60; Planning and Environment Court Act 2016
Qld s 43, 45, 46.
Legislation
Acts
Date of assent: 3 November 2021
Water and Catchment Legislation Amendment Act 2021
(Vic)
Act Number: 48/2021
Victorian legislation can be accessed here.
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.
