In the media
A sensible step to support housing construction
The Property Council of Australia has called on state and
territory governments to consider housing and display home
inspections as they look at easing social distancing restrictions
(29 April 2020).
More...
If more of us work from home after coronavirus we'll
need to rethink city planning
If, as some expect, people are likely to work from home
more often after the pandemic, what will this mean for
infrastructure planning? Will cities still need all the
multibillion-dollar road, public transport, telecommunications and
energy projects, including some already in the pipeline (28 April
2020).
More...
Physical distancing is here for a while – over 100
experts call for more safe walking and cycling space
The coronavirus pandemic has dramatically shifted our
lives and the ways we move about our cities. This increase in
numbers is exposing much of our walking and cycling infrastructure
as inadequate. The pandemic has highlighted the volume of street
space given to motor vehicles, at the cost of space for people to
walk and cycle (29 April 2020).
More...
Fast-tracked planning for the coronavirus recovery: Can
triage help?
If we're picky about the projects we choose,
fast-tracked planning approvals could accelerate the low carbon
transition, fix social problems and boost the economy at the same
time. Western Australia and NSW are using State Emergency powers to
accelerate planning decisions and to extend planning permissions
already granted but not yet started due to the lockdown (27 April
2020).
More...
Reduced red tape for environmental approvals a plus for
housing and construction
UDIA National President Simon Basheer said the
Government's commitment to clearing the backlog of projects
under assessment via the Act would benefit from strict guidelines.
Applying 'deemed consent' provisions to future project
applications to maintain discipline on project assessment
timeframes (24 April 2020).
More...
Governments keep building approvals moving during
COVID-19
Planning ministers have signed off on a national set of
principles designed to ensure the pipeline of development approvals
continues during the COVID-19 crisis, protecting jobs, businesses
and the economy (22 April 2020).
More...
Planning through COVID-19 and for recovery
The Property Council of Australia has welcomed the
commitment by Australian planning ministers to ensure planning
approvals maintain their usual pace through the COVID-19 pandemic
period (20 April 2020).
More...
Congestion busting assessments protecting our
environment and our economy
A $25 million Morrison Government investment in congestion
busting is breaking through a multi-billion-dollar backlog of
environmental assessments to deliver better outcomes for the
environment and for the economy (23 April 2020).
More...
NSW
Technology keeps participation in planning system during
COVID-19
The NSW planning system will keep moving throughout
COVID-19 to keep people in jobs and the economy moving, with all
public hearings and meetings to be held online during the pandemic
(30 April 2020).
More...
Narrabri Coal to pay $120,000 after mine waste caused
landfill
Narrabri Coal Operations Pty Ltd will pay $120,000 to the
Environmental Trust as part of an Enforceable Undertaking agreed
with the NSW Environment Protection Authority
(EPA) for allegedly transporting hazardous waste
which subsequently caused a series of fires at the Narrabri
landfill (28 April 2020).
More...
Speeding up the planning system a blueprint for future
success - NSW
Today's announcement by the NSW Government that
criteria has been established to assess major building projects in
NSW and facilitate a fast tracked approach is a significant move
for the building industry (29 April 2020).
More...
Planning changes to support growth in renewable energy
projects
Amendments to the State Environmental Planning Policy
(Infrastructure) 2007 will allow larger-scale solar systems to be
installed on homes and commercial buildings without council
approval, enable utility providers to construct electricity storage
as part of improvement works to transmission and distribution
networks (24 April 2020).
More...
NSW Government goes online to ensure public stays
informed on planning matters
Councils will now be able to notify their communities of
local planning matters online under new regulation introduced today
to ensure the public receives the most accurate and up-to-date
information during the COVID-19 pandemic (20 April 2020).
More...
Stronger Protection for Sydney's water catchment
following extensive review
Better protections, stronger assessment and more
environmental offsets will ensure Sydney's drinking water
supply is safeguarded, following an extensive review by an
independent expert panel (18 April 2020).
More...
Queensland
Developer Lodges Plans for $450m Toowong Town
Centre
A $450 million development application
"inspired" by The Grove shopping centre in Los Angeles
has been lodged by project managers State Development Corporation
and advisory firm White and Partners (22 April 2020).
More...
Mirvac Adds Tower to $1bn Newstead Masterplan
Despite the uncertainty surrounding the impacts and
duration of the coronavirus outbreak, Mirvac is moving ahead on new
projects, unveiling plans for a 25-storey residential tower (21
April 2020).
More...
In practice and courts
EPBC Act Information kit
Are you planning a development or project and you're
unsure whether it might impact upon a nationally significant area
or species? (24 April 2020). More...
Second round of grants to help bushfire-affected
wildlife and habitat
The Morrison Government today announced the second tranche
of its Wildlife and Habitat Bushfire Recovery grants program as it
released a detailed list of plant and invertebrate species most
impacted by the fires (23 April 2020).
More...
Second round of grants to help bushfire-affected
wildlife and habitat
The Morrison Government today announced the second tranche
of its Wildlife and Habitat Bushfire Recovery grants program as it
released a detailed list of plant and invertebrate species most
impacted by the fires (23 April 2020).
More...
Announcements, Draft Policies and Plans released 2019
NSW Land and Environment Court
28 April 2020 -
Volume 12 Issue 1 (February 2020) of the Court's Judicial
Newsletter is now available.
The 2019 AustLII Database Metric and Statistics for the
Court
21 April 2020 - The Court has been involved for a number
of years in a collaborative project with AustLII to provide a range
of metrics showing the use made of LEC decisions etc. The
2019 calendar year metrics are now available.
Early Listing Dates for Conciliation Conferences and
Hearings
21 April 2020 - Due to the vacation of listings as a
result of the COVID-19 pandemic, the Court has dates available
between now and 30 June 2020 for conciliation conferences and
hearings to be conducted by telephone. Available dates will be
shown on the daily court lists.
NSW Planning Department: Have your say - Draft plans and policies
Draft special infrastructure contributions (SIC)
guidelines
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking to improve the transparency of the
application of SICs. The draft SIC guidelines provide guidance
regarding the purpose and function of SICs and their application in
the new approach to precinct planning.
More...
Proposed amendments to the EP&A Regulation
Notification start-end date 15/04/2020 -
12/06/2020
The Department is proposing amendments to the EP&A Regulation
to improve transparency in the infrastructure contributions system
through better reporting of contributions received and expended for
individual contributions plans and planning agreements.
More...
Improving the review of local infrastructure
contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are
independently reviewed to ensure that they are reasonable. The
Department has identified ways to improve the review process of
local infrastructure contributions plans to make it more efficient
while maintaining its important function.
More...
Draft planning agreements policy framework
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on an updated planning
agreements policy framework. The proposed changes will result in a
clearer and more transparent contributions process and will allow
planning agreements to be used for their intended function to fund
innovative infrastructure solutions.
More...
Criteria to request a higher s7.12 percentage -
discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on the proposal from key
stakeholders and the community. Your feedback will help inform
critical improvements to the infrastructure contributions system in
NSW.
More...
NSW OEH: $16 million in funding for NSW manufacturers
facilities
For manufacturers as part of the NSW Government Energy
Saver program to help them save energy, money and stay competitive
globally. The first round of funding closes on 30 June 2019. More
information on the program is available at
Manufacturing efficiency funding.
Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020
NSW Revenue: COVID-19 (coronavirus) and parking space
levy
29 April 2020 - As part of the NSW COVID-19 stage two
economic package, the NSW Government has deferred parking space
levy (PSL) payments from the end of March for six
months until 30 September 2020, to provide cash flow relief to
businesses.
More...
Queensland
Announcements, Draft Policies and Plans released 2019
Planning legislation amendment
Urgent amendments to Queensland's planning legislation
are now in effect to address concerns raised by a range of
stakeholders, including local government and industry, in response
to the COVID-19 (updated 30 April 2020).
More...
COVID-19 update on Courts, Commissions, Tribunals,
property law and criminal law
QLS will provide up to date information on their website
regarding the evolving COVID-19 situation and the response of the
Courts, Commissions, and Tribunals in Queensland (updated 27
April 2020).
More...
Queensland Government: COVID-19
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19 (updated 24 April 2020).
More...
PCA Advice: Implementation of the National Cabinet
Mandatory Code of Conduct for SME Commercial Leasing Principles
during COVID-19 crisis
After considering the contents of the Code and reflecting
on how it can be best implemented in Queensland, the Property
Council offers the following advice. The comments below outline the
industry's recommendations and highlights other areas where
further clarification is required (22 April 2020).
More...
Brisbane City Council: Draft Central Park
Masterplan
The draft plan is now out for public consultation
following the release of
five creative concepts from architecture and planning firms
last year. The Victoria Park concept plan is now open to the public
until April 28 on the Brisbane City Council's website.
Cases
NSW
Verde Terra Pty Ltd v Central Coast
Council (No 4) [2020] NSWLEC
45
PROCEDURE: application to set aside three subpoenas issued
by a council on the grounds of oppression and a lack of forensic
purpose – parties resolved issues in dispute concerning two
of the three subpoenas prior to the hearing – application at
the hearing by the council to amend the schedule of the subpoena
– application allowed – whether amended subpoena lacked
forensic purpose - whether amended subpoena oppressive –
application dismissed – whether inspection should be subject
to a confidentiality order – no exception circumstances or
particular reasons warranting the making of such an order. COSTS:
application to set aside subpoena – subpoena amended at
hearing to narrow its scope – amendment foreshadowed earlier
prior to hearing – dispute concerning confidentiality of
documents to be produced necessitated extra day of hearing –
costs are costs in the cause. COSTS: application to set aside
notice to produce settled prior to hearing – claim for legal
professional privilege made in respect of documents produced
– redacted documents provided to settle dispute – costs
are costs in the cause.
Johnson Property Group Pty Limited v Lake Macquarie
City Council (No 2) [2020] NSWLEC
42
PROCEDURE – separate determination of question
– question of law – right to appeal against rejection
of development application – no right to appeal –
appeal dismissed STATUTORY INTERPRETATION – ss 8.2, 8.6, 8.7
Environmental Planning and Assessment Act 1979 – whether
"decision" and "determination" of consent
authority are distinct terms – decision is distinct from
determination – rejection of development application is a
decision – approval and refusal are determinations –
decision to reject is not a decision subject to appeal that the
Division so provides – s 8.7 right to appeal limited to
determinations
Ballina Shire Council v Palm Lake Works Pty
Ltd [2020] NSWLEC
41
APPEAL – appeal against a Commissioner's
decision on questions of law – decision to grant deferred
commencement consent for seniors housing – road, civil and
infrastructure works needed but not part of development application
– whether likely impacts of the development – whether
failure to consider likely impacts – precondition to grant of
consent – provision of water and sewer services –
whether precondition satisfied – access way to seniors
housing development – characterisation of use of access way
– impact on oyster aquaculture – whether failure to
consider – precondition to grant of consent – acid
sulfate soils management plan for proposed works – plan
submitted for some but not all proposed works – whether
precondition satisfied – precondition to grant of consent
– significant impact on biophysical, hydrological and
ecological matters – whether failure to consider
KEPCO Bylong Australia Pty Ltd v Independent Planning
Commission [2020] NSWLEC
38
JOINDER - application for judicial review of a
determination by the Independent Planning Commission to refuse
State Significant Development consent to a proposed coal mine -
joinder application by non-party pursuant to r 6.27 of the Uniform
Civil Procedure Rules 2005 - whether appropriate to join opponent
of the proposed mine as a party to the judicial review proceedings
- application for joinder on the basis that it is necessary for the
determination of all matters in dispute in the proceedings that the
joinder applicant be joined as a contradictor - present sole
respondent (the Commission) has filed a submitting appearance -
applicant for joinder played a substantial role in opposing the
proposed coal mine for which the applicant for judicial review
sought State Significant Development consent - necessity for an
active contradictor - desirability of permitting joinder on the
basis of public interest issues arising from grounds pleaded in
support of judicial review proceedings - whether participation as
amicus curiae should be considered - applicant for joinder
expressly disavows participation as amicus - not appropriate to
consider possibility of participation as an amicus - appropriate to
order joinder in the public interest - joinder ordered
COSTS - judicial review applicant seeks protective costs order if
applicant for joinder joined as a party - consideration of cases
cited in support of the making of such a protective costs order -
cases cited do not provide support for a protective costs order as
the facts and circumstances of the two cases cited are irrelevant
to the present circumstances - protective costs order
refused.
COSTS - joinder applicant seeks costs of joinder proceedings -
presumption that costs follow the event - joinder applicant
successful in joinder application - applicant in judicial review
proceedings ordered to pay the costs of the applicant for joinder
of the joinder proceedings
Lindvest DM Pty Ltd v Ku-ring-gai Council
[2020] NSWLEC 1195
JOINDER – application for joinder – statutory
tests
Verde Terra Pty Ltd v Central Coast Council; Central
Coast Council v Verde Terra Pty Ltd (No 3)
[2020] NSWLEC 40
EVIDENCE: Verde Terra parties object to affidavits,
including expert evidence, filed and served by Central Coast
Council after hearing adjourned part-heard – whether late
affidavits fell within the scope of an order permitting further
evidence to be filed by the Council "in response to"
affidavits filed by Verde Terra parties - whether in the
alternative leave ought to be granted to the Council to rely on the
affidavits – whether leave would cause forensic disadvantage
to Verde Terra parties – whether leave would cause further
expense and necessitate additional hearing time - objection upheld,
leave denied.
Zhang v Harutoonian [2020] NSWLEC
39
COSTS – applicant seeks order for dismissal of
proceedings and costs – default costs order under Uniform
Civil Procedure Rules 2005 that applicant pay costs unless
otherwise order made - no unreasonable behaviour by respondent
justifying an otherwise order – no capitulation by respondent
justifying otherwise order
Hatziandreou Holdings Pty Ltd v Bayside
Council [2020] NSWLEC
1191
APPEAL – modification application –
development constructed contrary to development consent –
modification seeks to incorporate the development as constructed in
addition to proposed works – whether substantially the same
– whether communal open area location and size was a material
element of the original development – traffic and parking
impacts
Ellis v Lane Cove Council [2020]
NSWLEC 1190
DEVELOPMENT APPEAL – residential dwelling –
excavation – consistency with character and streetscape
Secretary, Department of Planning and Environment v
Sell & Parker Pty Ltd (No 3) [2020]
NSWLEC 35
CRIMINAL PROCEDURE — Subpoena — Application to
set aside — Legitimate forensic purpose — Documents
sought relating to monetary benefits order — Application to
set aside dismissed
ENVIRONMENT AND PLANNING — Land and Environment Court —
Practice and procedure — Judgments and orders —
Monetary benefits order
PRJM Pty Ltd v Hawkesbury City Council
[2020] NSWLEC 1187
DEVELOPMENT APPLICATION – caravan park –
whether proposed development is compatible with character of local
area – whether location and character make site particularly
suitable for a caravan park – whether necessary facilities
and services are reasonably available and accessible to future
occupants of caravan park – consideration of road widths
– consideration of contamination of site
Queensland
Gold Coast City Council v Sunland Group Limited &
Anor [2020] QCA 89
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES
– RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER
CASES –– where one of the respondents purchased land at
Mermaid Beach – where the land was then subject to a
preliminary approval which had been granted by the Planning and
Environment Court under the now repealed Integrated Planning Act
1997 (Qld) ("the IPA") in 2007 – where the
preliminary approval made provision for the development of the land
by a multi-stage residential development – where the
preliminary approval made provision for contributions to the cost
of relevant infrastructure to be paid by developers to the
applicant – where those contributions were to be made under
planning scheme policies which had been made by the applicant under
a regime set out in the IPA – where those planning scheme
policies were expressed to be temporary measures – where
under the statute which now governs the development of this land,
namely the Planning Act 2016 (Qld) ("the Planning Act"),
there is no provision for a local government to make any further
planning scheme policy for infrastructure – where the
respondents say that the only infrastructure charges which can be
levied and become payable on the occasion of any development permit
issued for this land, are charges calculated by reference to the
planning scheme policies – where the applicant says that
infrastructure charges must be levied and paid, not according to
the policies, but pursuant to the regime for the giving of an
infrastructure charges notice under s 119 of the Planning Act
– where the Planning and Environment Court made declarations
in the respondents' favour – whether the primary judge
erred in finding in favour of the respondent
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
INTERPRETATION ACTS AND PROVISIONS – where the primary judge
found that the preliminary approval imposed a present obligation to
pay contributions at a later date – where, in 2011,
amendments to the Sustainable Planning Act 2009 ("the
SPA") introduced a new regime for local governments to recover
from developers their contributions towards the cost of
infrastructure which would be used by their development –
where s 880 of the SPA stated that a local government must not levy
certain infrastructure charges or impose a condition under a
planning scheme policy to which s 847 applies – whether the
effect of s 880 of the SPA was to prevent the Council from
collecting the contributions under the preliminary approval –
whether the primary judge erred in interpreting the preliminary
approval and s 880 of the SPA
Integrated Planning Act 1997 Qld s 3.1.5, s 6.1.20; Planning Act
2016 Qld s 119; Sustainable Planning Act 2009 Qld s 635, s 847, s
880
Fabcot Pty Ltd v Cairns Regional Council &
Ors [2020] QPEC 17
PLANNING AND ENVIRONMENT – APPEALS – appeals
against a preliminary approval for a Shopping Centre and Health
Care Services and a development permit for a Child Care Centre,
Service Station and Food and Drink Outlet and reconfiguring a lot
and operational work in the Low-medium density residential
zone
ASSESSMENT – COMPLIANCE WITH THE PLANNING SCHEME –
whether the proposed development complies with the planning scheme
– whether there is a need for the proposed development
– whether the proposed development would compromise the
existing hierarchy of centres – whether there are relevant
matters which justify approval
Planning Act 2016 Qld; Planning and Environment Court Act 2016
Qld
Highgate Partners Qld Pty Ltd v Sunshine Coast Regional
Council [2020] QPEC
19
PLANNING AND ENVIRONMENT – APPLICATION FOR A MINOR
CHANGE TO A DEVELOPMENT APPROVAL – where the applicant sought
to change an existing development approval to change lot sizes and
create further sub-staging – whether the change is a minor
change –– whether changes would result in substantially
different development – whether the changes were acceptable -
Planning Act 2016 Qld s 69, s 78, s 79, s 81, s 81A
Ashtrail Pty Ltd & Anor v Council of the City of Gold
Coast [2020] QCA
82
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS
WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING
AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND
AVAILABILITY OF APPEAL – where the applicants seek leave to
appeal from a decision of the Planning and Environment Court
– where the proceedings below were brought by the respondent
seeking relief in respect of a development approval granted to the
applicants in 2010 – where the decision below declared that:
the 2010 Approval had not lapsed; conditions 5, 6, 10, 12 and 16 of
the 2010 Approval had not been complied with; and, the
non-compliance constituted a development offence under s 164 of the
Planning Act 2016 (Qld) – where orders were made that the
applicants comply with the five conditions prior to the
commencement of the use permitted by the 2010 Approval –
where none of the five conditions has been complied with –
where the respondent did not oppose the grant of leave to appeal in
respect of the first five grounds but opposed the sixth on the
basis that it involved contended errors of fact rather than law
– whether leave to appeal should be granted
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where s
340(1)(a) of the SPA provided that development under the 2010
Approval could start immediately upon it being granted –
where s 341 of the SPA provided when an approval lapsed –
where the applicants contend that on the proper construction of
condition 5, payment was an essential precondition which had to be
fulfilled "prior to ... the commencement of the use", and
since they had not been satisfied, there was no "first change
of use" within the four year period following the 2010
Approval – whether the learned trial judge erred by finding
that the 2010 Approval had not lapsed under s 341(1) of the SPA
when the five conditions had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where
the applicants contend that there were significant departures from
the approved plans and drawings contained in the 2010 Approval
which had the effect that it lapsed "because the particular
use under the 2010 Approval did not occur prior to that date"
– where the learned trial judge observed that it could be
accepted that evidence reflected departures from the approved form
of the development that were not minor – where the learned
trial judge held that the departures were in no way determinative
of the question whether the use to which the land was being put was
the use contended for by the respondent – whether the learned
trial judge erred by finding that the 2010 Approval had not lapsed
under s 341(1) of the SPA, when condition 1 required the
development to be carried out generally in accordance with the
approved plans and drawings, and the approved plans and drawings
had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where
the applicants contended that the respondent's proceedings were
out of time because they had been started more than six years from
the date on which the cause of action arose – where the
learned trial judge accepted that the cause of action was complete
on the date the 2010 Approval came into effect – where the
learned trial judge concluded that the proceedings were for
enforcement proceedings concerning alleged non-compliance with
conditions of an approval – whether the learned trial judge
erred by finding that s 10(1)(d) of the Limitation of Actions Act
1974 (Qld) does not apply to an application seeking an enforcement
order pursuant to s 180 of the Planning Act, where the order sought
by the Council required the applicants to pay sums of money to
it
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the
learned trial judge concluded that matters identified concerning
the loss of documents would not have led to a different conclusion
as to the fact that the delay had not caused any material prejudice
– where the applicants were on notice that the respondent
contended that the conditions had not been met and could be
enforced – whether the learned trial judge erred by finding
that s 38(4) of the Acts Interpretation Act 1954 (Qld) does not
apply to an application seeking enforcement orders pursuant to s
180 of the Planning Act
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the
applicants' contentions commenced with observing that the term
"driving instructing" was not defined in the two relevant
planning schemes in operation at the commencement of use on Lot 36,
and at the time of the 2010 Approval – where factual
statements drawn from promotional material issued by the applicants
were likely to be accurate in the description of the existing use
– where the learned trial judge also referred to documents
published by the applicants subsequent to the 2010 Approval –
where his Honour rejected the qualifications placed upon the
documentary evidence by the two principals – whether the
learned trial judge erred by construing the term "driving
instructing" to include instruction in the operation of plant
and equipment or, alternatively, failing to give adequate reasons
for so construing the term "driving instructing"
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – whether
the learned trial judge erred by finding that there had been a
material change of use for "driving instruction" or
"motor vehicle workshop/ERA" on Lot 36, in the absence of
evidence to justify that finding or, alternatively, by drawing
inferences not properly available on the evidence; and misapplying
the onus of proof in that regard
Bundaberg Regional Council v Muller
[2020] QPEC 16
ENVIRONMENT AND PLANNING – CONTEMPT –
PARTICULAR CONTEMPTS – DISOBEDIENCE OF ORDERS OF COURT
– where Planning and Environment Court judge has power to
punish for contempt – whether the contemnor purged their
contempt – whether the applicant conducted itself
appropriately
District Court of Queensland Act 1967 Qld; Planning Act 2016 Qld;
Planning and Environment Court Act 2016 Qld
Goldicott House Pty Ltd v Brisbane City Council &
Ors [2020] QPEC 11
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a development application for development
permits – where a development permit was sought to enable a
material change of use to a former convent as a dwelling house
– where the land is within the Community Facilities zone and
an Education Purposes zone precinct – whether a compensatory
community benefit has been demonstrated to justify a use of the
building other than for a community facility – whether the
material change of use component of the application should be
approved
PLANNING AND ENVIRONMENT – APPEAL – appeal against
refusal of a development application for development permits
– where a development permit was sought to reconfigure the
lot to create two lots – where the proposed subdivision was
opposed on grounds relating to heritage, access and planning issues
– where the subdivision may constrain the utility of the site
in circumstances where nothing is currently known about its
intended future use – whether the reconfiguration of the lot
component of the application should be approved
PLANNING AND ENVIRONMENT – APPEAL – appeal against
refusal of a development application for development permits
– where a development permit was sought to demolish a music
room situated near the entrance to the site–– whether
demolition of the music room would offend State Code 14: Queensland
Heritage or the provisions of City Plan 2014 – whether the
music room contributes to the cultural heritage significance of the
place – whether the demolition of the music room component of
the application should be approved on its merits – whether
refusal of the other components of the development application led
to a lack of utility in approval of the demolition component
Planning Act 2016 Qld ss 8, 45, 60, 282, Sch 2; Planning and
Environment Court Act 2016 Qld ss 43, 45, 46, 47
Planning Regulation 2017 Qld s 31(1), Sch 10; Queensland Heritage
Act 1992 Qld ss 31(3), 34(1), 34(2)
Sustainable Planning Act 2009 Qld s 326
Legislation
Industry
Research and Development (Access to Bushfire Construction Standards
Program) Instrument 2020
24/04/2020 - This instrument prescribes the Access to
Bushfire Construction Standards Program.
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (COVID-19 Planning Bodies)
Regulation 2020 (2020-177) — published LW 30 April
2020
Environmental
Planning and Assessment Amendment (Penrith Lakes Development
Corporation) Regulation 2020 (2020-178) — published LW 1
May 2020
Home
Building Amendment (Miscellaneous) Regulation 2020 (2020-179)
— published LW 1 May 2020
Protection
of the Environment Operations (General) Amendment (Railway Systems
Activities) Regulation 2020 (2020-180) — published LW 1
May 2020
Water
Management (General) Amendment (Access Licence) Regulation (No 2)
2020 (2020-181) — published LW 1 May 2020
Retail
and Other Commercial Leases (COVID-19) Regulation 2020
(2020-175) — published LW 24 April 2020
Water
Supply (Critical Needs) Amendment (Bathurst Water Supply)
Regulation 2020 (2020-171) — published LW 24 April
2020
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.
