In the media
NSW
Immediate reforms: Triguboff's Meriton wants
building industry change
The perception of a crisis in Sydney's residential
apartment market snowballed after the Herald revealed another
evacuation of a unit block at Zetland (12 July 2019).
More...
Why NSW needs a revised medium density housing
code
The Low Rise Medium Density Housing Code has attracted
criticism from those concerned with suburban over-development,
amenity and the role of state government in local planning (09 July
2019).
More...
NSW planning boss defends process on apartment checks
but won't give 'false assurance'
The state's planning boss has acknowledged community
concern about apartment defects but warned he is not in a position
to give assurances about the standard of residential buildings
(09July 2019).
More...
Urban Taskforce: Federal housing minister raises
concerns about NSW's slow planning system
Minister Sukkar in a wide ranging interview with the
Financial Review has raised concerns about credit restrictions on
banks as well as concerns about slow planning systems particularly
in NSW (04 July 2019).
More...
How watering down of building codes two decades ago to
fast-track development is now causing high-rise buildings to fall
apart
Watered-down building laws from the late 1990s have been
blamed for Australia's apartment safety crisis with brand-new
residential towers having an 80 per cent chance of being faulty (30
June 2019).
More...
Queensland
Have your say on the new Energy-from-Waste policy for
Queensland
Queenslanders are being invited to have their say on an
Energy-from-Waste policy discussion paper that has been released
(08 July 2019).
More...
Long term vision in focus for Cairns and Mourilyan
ports
Ports North's Port Master Planning Project has taken
an important step forward with the appointment of GHD Advisory (06
July 2019).
More...
Doubts cast over Brisbane City Council's townhouse
ban
Experts have warned a planned ban on townhouse
developments in Brisbane's low-density suburbs, designed to
protect the city's character, could have unintended
consequences. But Brisbane City Council said it wanted the ban
because residents made it clear they had had enough of townhouse
developments changing the city's character (04 July 2019).
More...
Victoria
Cashed-up sky rail managers on $200k allegedly ordered
sophisticated rorts
High-ranking sky rail building managers on salaries of
about $200,000 allegedly orchestrated a sophisticated copper and
wage theft racket that bred a "toxic work culture" on
Labor's signature project, a court has heard (10 July 2019).
More...
EPA requires SKM to cease accepting new materials at
Laverton North site
An alleged failure by recycler SKM Services Pty Ltd to
meet the requirements of the Victorian Waste Management Policy has
seen Environment Protection Authority Victoria issue the company a
notice that requires it to stop accepting recyclable waste
materials at its Gilbertson Road, Laverton North site (10 July
2019).
More...
Protecting Victoria's marine and coastal
environment
Minister for Energy, Environment and Climate Change Lily
D'Ambrosio invited Victorians to have their say on a new draft
marine and coastal policy. The policy is a key action under the
Marine and Coastal Act 2018 and will guide decision makers
in the planning, management and sustainable use of our coastal and
marine environments (08 July 2019).
More...
Australia's largest recycling plant for plastics
opens in Victoria
A new $20 million, state-of-the art plastics recycling
plant has opened in Somerton, Victoria and will process mixed
plastics collected from kerbside recycling (01 July 2019).
More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2019
NSW
NSW Land and Environment Court
Fees Schedule
The Civil Procedure Amendment (Fees) Regulation 2019 and
Criminal Procedure Amendment (Fees) Regulation 2019 has increased
the Court's fees by 1.75% effective from 12 July 2019. The
fee schedule is now available (09 July 2019)
The Low Rise Medium Density Housing Code has been
deferred to allow for an independent review
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been amended to
extend this deferral for 45 councils for a further short period,
until 31 October 2019, to allow for an independent review to be
undertaken of the Code.
More...
New dates for Environmental
Planning & Assessment Act updates
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
Queensland
Sunshine Coast incentives
Sunshine Coast Council has announced a three-year
extension to its Infill Development Incentives Policy which offers
incentives for infill development on the Sunshine Coast. All
applications for an incentive must be submitted to council between
1 July 2019 and 30 June 2022.
More...
Important changes to waste-related ERAs
The
Environmental Protection (Waste ERA Framework) Amendment Regulation
2018 introduces a number of changes to waste-related
environmentally relevant activities (ERAs) in the
Environmental Protection Regulation 2008. One of these changes is
the introduction of a new schedule of waste-related ERAs. Existing
waste ERAs will be transitioned to the new waste ERAs after July
2019.
Victoria
CER: Public consultation open for changes to solar
postcode zones
The Clean Energy Regulator is proposing updates to
postcode zones for small-scale technologies under the Small-scale
Renewable Energy Scheme. The changes will affect the number of
small-scale technology certificates (STCs) for eligible systems in
certain postcodes. If agreed, the changes will come into effect
from 1 October 2019)
Public consultation open for changes to solar postcode
zones
Announcements, Draft Policies and Plans released 2019
Victoria
E-waste compliance switched on
Environment Protection Authority Victoria has this week
begun its compliance program for e-waste collectors and
reprocessors (03 July 2019).
More...
From July 1, e-waste should not be put in your household bin, but
taken to a council or business collection point. E-waste is anything
with a plug, battery or power cord that is no longer working or
wanted.
Planning Panels Victoria expressions of interest
Planning Panels Victoria is seeking expressions of
interest from suitably qualified people to be appointed as a
sessional member by the Minister for Planning. Planning Panels
Victoria comprises a core of senior members and a pool of sessional
members who are appointed to carry out tasks under the Planning
and Environment Act 1987, the Environment Effects Act
1978 and the Major Transport Projects Facilitation Act
2009.Further information is available
here. Expressions of Interest close Friday 12 July 2019.
PIA PLANET
Enforcement Law for Planners - This course prepares the planner
to understand and apply the enforcement process including
exploration of enforcement techniques and how planners should
assist enforcement officers (24 July 2019).
Planning and Delivering Community Infrastructure in an Urban
Renewal Setting - This course equips attendees with a toolkit
that will improve their ability to integrate community
infrastructure into sites currently in stages of renewal (30 July
2019).
Smart City Strategy Delivery and Successful Implementation - A
session designed to help attendees develop town planning, urban
design and infrastructure solutions through smart city thinking and
application (7 August 2019).
VPELA Events - ESD - Not just living it, smashing
it!
This seminar which will look at the latest sustainability
initiatives in residential design, with case studies from
Aquarevo (Villawood Properties and South East Water) and
The Cape (Australian Ecosystems). It will examine how to
integrate new and existing technology to reduce mains water usage
and energy bills; use the design itself as an element of
sustainability; make green living low effort (30 July 2019).
More...
Cases
NSW
Kidd v Georges River Council
[2019] NSWLEC 1296
Development Application – subdivision of land
– one lot into two Torrens title lots – is the
Applicant's written request under cl 4.6 of Kogarah LEP well
founded – is compliance with the standard unreasonable or
unnecessary – whether the Applicant's environmental
planning grounds are sufficient
Antoine Street Holdings Pty Ltd v Parramatta City
Council [2019] NSWLEC 1317
DEVELOPMENT APPLICATION – childcare centre
– retro fit of partly constructed shop top housing
development – suitability of the site for a childcare centre
– acoustic impacts on adjoining residential uses –
location of childcare playroom above existing subfloor OSD
system
Kennard v Fite [2019] NSWLEC
1327
TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges
– views and privacy
Micro Nest No 1 Pty Ltd on behalf of Micro Nest
Ashfield Trust v Inner West Council [2019]
NSWLEC 1320
ENVIRONMENT AND PLANNING – consent - boarding
house – modification application – power to grant
modification – change in occupancy numbers – whether a
correction of a minor error, misdescription or miscalculation
– removal of a condition requiring a covenant limiting
occupants by their income and limiting rent to be charged –
whether removal of condition results in substantially the same
development – whether condition required to be imposed by the
State Environmental Planning Policy (Affordable Rental Housing)
2009 - whether removal will have adverse impact on access to
affordable housing – whether removal will reduce social
inclusion – whether there is an impact on car parking.
Georges River Council v WK Strong Pty Limited; Georges
River Council v Awada [2019] NSWLEC 97
OFFENCES AND PENALTIES – sentence –
cutting trees without development consent – breaching
condition of development consent to retain and protect trees
– individual offender and his company – objective
seriousness – low environmental harm – foreseeable risk
of harm – practical measures to prevent harm – control
over causes – offences of low objective seriousness –
subjective circumstances of offenders – no prior convictions
– prior good character – early guilty pleas –
genuine remorse – assistance to authority – totality
principle – adjustment of fines for multiple offences –
s 10 order dismissing charge against individual offender –
costs ordered
RBFI Pty Limited v Wollongong City
Council [2019] NSWLEC 1312
DEVELOPMENT APPEAL – subdivision – flood
planning level – rainfall and runoff – Allans Creek
catchment – variation to section 88B instrument
Tasman Property Holdings Pty Ltd v Canterbury-Bankstown
Council [2019] NSWLEC
1310
MODIFICATION APPLICATION – mixed use development
– addition of a further storey – height breach –
impacts – streetscape character – area in transition
– whether substantially the same
Hamilton v Woollahra Municipal Council
[2019] NSWLEC 1313
DEVELOPMENT APPEAL – proposed demolition of heritage
item – Watsons Bay heritage conservation area –
adaptive reuse – statement of heritage significance
Queensland
Maroochydore Sands Pty Ltd v Sunshine Coast Regional
Council & Ors [2019] QPEC
30
It is declared that: 1.The proposed changes to the
development application the subject of this appeal ("The
Changed Development Application") constitute a minor change
for the purposes of sections 350 and 495(2)(b) of the
Sustainable Planning Act 2009
Dickson Properties Pty Ltd v Brisbane City Council &
Ors [2019] QPEC 29
Sustainable Planning Act 2009 Qld;
Planning Act 2016 Qld
Victoria
Jasbe Petroleum v Baw Baw SC
[2019] VCAT 392
Baw Baw Planning Scheme; Sections 77 of the Planning
and Environment Act 1987; proposed 'fuel bowser and
food' use and development on land on the edge of a rural town;
zoned Farming Zone; legal issue about 'characterisation';
consideration of the validity of a proposed permit condition which
would require the deletion of the proposed food offering from the
proposal; planning merits issues.
Clauscen v Yarra CC [2019] VCAT
990
Section 77 of the Planning & Environment Act
1987. Yarra Planning Scheme. Neighbourhood Residential Zone.
Heritage Overlay Schedule 332. First floor and roof terrace
additions to a dwelling. Heritage and neighbourhood character
impacts.
Quinn v Yarra CC [2019] VCAT
988
Part demolition, alterations and additions to single
fronted house in heritage precinct; Impact on heritage
significance; Visual bulk; Acoustic impact; Overshadowing. No
permit.
Nelson v Hobsons Bay CC [2019]
VCAT 650
Hobsons Bay Planning Scheme; s.87A of the Planning
and Environment Act 1987; GRZ2; DDO4; HO228; Dwelling under
construction; Quality of plans; Role of Tribunal. No
amendments.
Legislation
NSW
Regulations and other miscellaneous instruments
Civil
and Administrative Tribunal Amendment (Fees) Regulation 2019
(2019-326) — published LW 11 July 2019
Includes lodgment of application for a decision under the
Retail Leases Act 1994; section 62 of the Community
Land Management Act 1989; strata proceedings; residential
proceedings
Civil
Procedure Amendment (Fees) Regulation 2019 (2019-327) —
published LW 11 July 2019
Includes Land and Environment Court Fees
Criminal
Procedure Amendment (Fees) Regulation 2019 (2019-328) —
published LW 11 July 2019
Protection
of the Environment Operations Legislation Amendment (Scheduled
Activities) Regulation 2019 (2019-319) — published LW 5
July 2019
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.
