Australia: Inside track: Planning, Environment & Sustainability: In the media, In practice and courts, Cases and Legislation

Last Updated: 14 June 2019
Most Read Contributor in Australia, September 2019

In the media

No time to waste: Asia is talking tough and the race to recycle is heating up
The recycling industry says it is ready to capitalise on election promises made by the Morrison Government to tackle Australia's waste crisis, but is warning they only address half the problem (01 June 2019). More...


Video case a warning for illegal dumpers
A surveillance operation at a known illegal dumping spot has cost a Werribee-based lawn mowing contractor a $1,934 fine for abandoning a truckload of garden waste in a suburban street (31 May 2019). More...

Historic pub demolished illegally by 'cowboy developers' unlikely to be rebuilt
Melbourne's historic Corkman Pub will be turned into a temporary park after the State Government fails in its bid to force developers to rebuild the 19th-century watering hole (30 May 2019). More...

Australia's tallest timber building to top-up Melbourne Central
Diversified property major GPT Group will build Australia's largest timber building, a premium 12-level office tower (28 May 2019). More...

Getting on with the Western Rail Plan
The Andrews Labor Government is keeping its promise and getting on with the vital planning needed to deliver fast rail to the regions and more metro services to our growing suburbs (24 May 2019). More...

Porsche's $100k penalty for oil spill
A Collingwood Porsche dealership has been ordered to pay $132,000 after its waste oil tank overflowed into a stormwater drain and out into the Yarra River (24 May 2019). More...

State's worst planning bungle to cost nearly $9m
Developer behind apartment tower that threatened to block emergency helicopter access to the Royal Melbourne Hospital sues (21 May 2019). More...


100% sign-up by councils for energy savings program
All 18 NSW councils invited by Office of Environment and Heritage (OEH) to join a ground-breaking program to help communities save energy and cut power bills have signed up (30 May 2019). More...

Successful prosecution for water pollution at Perisher in the Land and Environment Court
The Land and Environment Court has found the Office of Environment and Heritage (OEH) guilty of polluting waters surrounding OEH's Perisher Sewage Treatment Plant (STP) in southern New South Wales, following successful prosecution by the Environment Protection Authority (EPA) (30 May 2019). More...

Scientists warn lucrative tree-planting program does more harm than good
A regeneration project is underway at NSW's Capertee National Park and environmentalists say the volume of trees is boosting State Government coffers but could threaten native plants and species (26 May 2019). More...

Greater Sydney housing supply forecast: 191,550 new homes by 2023
Construction of 191,550 new homes in Greater Sydney is forecast in the next five years, a 22 per cent increase, or an extra 34,300 new homes, with Parramatta anticipated to become home to a vast majority of them (23 May 2019). More...

Green Square a national sustainability leader
The City of Sydney's fastest-growing neighbourhood has received national recognition as one of Australia's most sustainable communities, according to a prestigious certification program (21 May 2019). More...

$13 million new look for World Square plaza under 'rooftop canopy'
World Square plaza would be closed to the heavens with a rooftop canopy doubling as an Indigenous-inspired "public artwork", under plans lodged with the City of Sydney council. The $13 million proposal would see an awning constructed using four transparent glass shelves, allowing sunlight into the plaza but protecting it from the elements (20 May 2019). More...

They speculated, they own the risk': Developers sweat on St Leonards plan
Developers who have taken a half-billion-dollar gamble on the rezoning of properties on Sydney's lower north shore face a nervous wait for the NSW government to help (17 May 2019). More...

Engineers test potential for night energy production
While solar panels have been around for some time, engineers are now experimenting with rooftop panels that could create electricity at night, offering the potential to produce renewable energy without the sun (17 May 2019). More...


PCA: Townhouse TLPI refused
The State Government has rejected Brisbane City Council's Temporary Local Planning Instrument (TLPI) aimed at restricting townhouse development and has instead placed consultation conditions on Council progressing its Major Amendment Package H ( 31 May 2019). More...

Consultation on major amendment to Brisbane's city plan given go ahead
A major amendment to the Brisbane City Plan has been given the green light to proceed to public consultation (29 May 2019). More...

Gladstone solar farm charges ahead with major milestone
Gladstone is closer to hosting one million solar panels with the independent Coordinator-General approving a development application for a 762-hectare solar farm in the city's State Development Area (SDA), subject to conditions (29 May 2019). More...

Gladstone solar farm charges ahead with major milestone
Gladstone is closer to hosting one million solar panels with the independent Coordinator-General approving a development application for a 762-hectare solar farm in the city's State Development Area (SDA), subject to conditions (29 May 2019). More...

Developers, government and council ink $1.2bn infrastructure deal
A $1.2 billion deal to secure the infrastructure needs of two priority development areas over the next 45 years has been made between Queensland government, Logan City council and nine property developers (28 May 2019). More...

New CSG no-go zone aimed to quarantine contaminated Queensland groundwater
The risk of spreading toxic groundwater from one of Queensland's worst environmental contaminations prompts a ban on coal seam gas drilling in an area where companies are already extracting gas (26 May 2019). More...

Government signs off On Sunland's Gold Coast Marina
The state government has overturned regulation blocking extensions to Sunland's $82 million masterplan community at Benowa's Royal Pines Marina on the Gold Coast (23 May 2019). More...

Have your say on Cultural Heritage Acts
Indigenous communities and industry stakeholders are being encouraged to have their say on Queensland's cultural heritage legislation (23 May 2019). More...

In Practice and Courts


Proposed variation to the National Environment Protection (Ambient Air Quality) Measure standards for ozone, nitrogen dioxide and sulfur dioxide
An impact statement and draft varied measure are required as part of the statutory process to vary a National Environment Protection Measure. The public consultation period for the Impact Statement and draft varied measure is now open. Submissions close on 7 August 2019. More...

Announcements, Draft Policies and Plans released 2019


The 2019-20 Victorian State Budget
Published: 27 May 2019. The 2019-20 Victorian State Budget has been handed down in parliament by the Treasurer, Tim Pallas MP. The budget papers are available on the Victorian Budget 2019-20 website, Including budget highlights including solar in homes and the North East link. More...


EPA: Proposed changes to the regulation of Underground Petroleum Storage Systems (UPSS)
The EPA is consulting on the draft UPSS Regulation 2019 and seeking submissions. Feedback can be provided through the EPA consultation portal until 14 June 2019. More...

NSW Planning and Environment: Sydney housing supply forecast
The Sydney Housing Supply Forecast provides information on where, when, and how many new homes are likely to be built within the city. The forecast methodology is outlined further in the Explanatory Notes (17 May 2019). More...

NSW Fair Trading: Amendment to the Environmental Planning and Assessment Regulation 2000 - bush fire prone land
To ensure consistency in relation to building standards on bush fire prone land, an amendment has been made to the Environmental Planning and Assessment Regulation 2000 until Planning for Bush Fire Protection 2019 is adopted later this year (May 2019). More...

New dates for Environmental Planning & Assessment Actupdates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, local strategic planning statements for councils in the Greater Sydney Region and community participation plans. CPPs must be finalised and published on the ePlanning portal by 1 December 2019.

Changes to housing SEPPs
The SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020. More...



Khushbu v Casey CC [2019] VCAT 780
In application P1658/2018 the decision of the responsible authority is set aside. The permit allows:
the display of two internally illuminated signs exceeding 1.5 square metres and located more than 3.7 metres above pavement level; and the exceedance of 8 square metres of business identification or promotional signage.

Stellar 168 Pty Ltd v Kingston CC [2019] VCAT 765
Section 77 of the Planning and Environment Act 1987 (Vic); Kingston Planning Scheme; Activity Centre Zone; Precinct 5 – Mixed Use Commercial Precinct; Building height and form; Impacts on the adjacent place of worship; Relationship to adjoining heritage place; Equitable development; Internal amenity.

TAG-Cranbourne East Pty Ltd v Casey CC [2019] VCAT 752
Section 80 of the Planning and Environment Act 1987; Cranbourne East Precinct Structure Plan; Cranbourne East Development Contributions Plan; Ballarto Road; subdivision; carriageway easement; access; sealed road.

Benton v Bayside CC [2019] VCAT 754
Construction of a Victorian era reproduction balustrade to the front of a ground floor dwelling that is part of the former Beaumaris Hotel. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Andrews and Morrisy Developments Pty Ltd v Port Phillip City Council & Ors [2019] VSC 337
TOWN PLANNING – Application for leave to appeal pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 – Effect of transitional exemption in planning scheme related to mandatory height control – No implication of words going beyond literal meaning – No exclusion of purpose of zone as a consideration relevant to the grant of a permit – Application refused.

D.Arc Architects v Yarra CC [2019] VCAT 704
Yarra Planning Scheme; Application under section 79 of the Planning and Environment Act 1987; NRZ1; HO327; Proposal for demolition and alterations and additions to existing dwelling; Heritage significance; Visual bulk; Overshadowing of secluded private open space. No permit


Dara v Mayadunne [2019] NSWLEC 1217
TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage to property and of injury – tree removal sought.

Jacobs v Waverley Council [2019] NSWLEC 1232
DEVELOPMENT APPLICATION – secondary dwelling – affordable rental accommodation – FSR breach – whether sufficient environmental planning grounds for contravention of development standard – whether and to what extent context compatibility an environmental planning ground.

Visionary Investment Group Pty Ltd v Wollongong City Council [2019] NSWLEC 1234
DEVELOPMENT APPLICATION – subdivision – community title – owner's consent – golf course – contamination – streambank stabilisation – availability of water and wastewater infrastructure – assessment of off-site impacts – Grampian condition.

Dickinson Property Group Pty Ltd v Wollondilly Shire Council [2019] NSWLEC 1220
APPEAL – development application – multi-dwelling housing – area characterised by single dwelling housing – whether there is a requirement to respond to existing character – transition to low density residential zone – whether required to respond to heritage items or heritage conservation area located in the vicinity of the site – compliance with the provisions of the development control plan – design – amenity of the dwellings – objectives of the zone.

Jasminco Resources Pty Limited v Goulburn Mulwaree Council [2019] NSWLEC 1218
DEVELOPMENT APPLICATION – quarry – insufficient information to determine owners consent for works on public road – road safety and functionality – removal of restriction of access – noise.

Zhiva Living Dural Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1222
DEVELOPMENT APPLICATION – Seniors living development – whether the proposed development satisfies the provisions of cl 55 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 – whether a jurisdictional precondition can be cured by the grant of consent with conditions.


Wagner Investments Pty Ltd & Anor v Toowoomba Regional Council [2019] QPEC 24
HEARING OF AN APPEAL – INFRASTRUCTURE CHARGES – where appellants and related entities have developed the Brisbane West Wellcamp Airport at Toowoomba – where intended development includes various uses within the Wellcamp Business Park where the airport and the Business Park located within especially designated area the Charlton Wellcamp Enterprise Area – where appellants made various development applications to the Toowoomba Regional Council (the Council) – where development applications were approved by the Council subject to conditions.
WHERE APPELLANTS GIVEN INFRASTRUCTURE CHARGES NOTICES – where after representations negotiated infrastructure charges notices were given – where subject infrastructure charges were concerned with storm water, transport and reconfiguration of a lot.
WHERE INFRASTRUCTURE CHARGE NOTICES CHALLENGED – where stormwater infrastructure charges challenged on the basis there was no relevant trunk infrastructure for storm water – alternatively no additional demand was placed on storm water trunk infrastructure – where challenged to transport infrastructure charges on basis of improper methodology and assessment of charges – whether transport infrastructure charges required to be assessed by particular reference to additional use and demand created by proposed development
Planning and Environment Court Act 2016 (Qld); Sustainable Planning Act 2009 (Qld).



Regulations and other miscellaneous instruments
Biodiversity Conservation Act 2016 — Final Determination (2019-221) — published LW 31 May 2019
Legal Profession Uniform Law (Indexed Amounts) Notice 2019 (2019-222) — published LW 31 May 2019
National Energy Retail Law (Adoption) Amendment Regulation 2019 (2019-223) — published LW 31 May 2019

Environmental Planning Instruments
State Environmental Planning Policy (Infrastructure) Amendment (Water and Emergency Services Facilities) 2019 (2019-224) — published LW 31 May 2019
State Environmental Planning Policy (State and Regional Development) Amendment (Inland Rail—Narrabri to North Star Project) 2019 (2019-225) — published LW 31 May 2019

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