In the media
Councils facing big GDP hit from bushfires and
Covid-19
Local Government Areas hit by the 2019-20 bushfires and
Covid-19 restrictions may experience GDP declines of up to 23 per
cent, a new report suggests (08 May 2020).
More...
Coulton enlists mayors' help to promote Covid-19
app
Federal Local Government Minister Mark Coulton has written
to council mayors to encourage their communities to download the
new COVIDSafe phone application (08 May 2020).
More...
Round 7 grants for remote airstrip upgrades
announced
Local Councils in NSW, Queensland, WA, and SA have been
granted a share of $9 million in Commonwealth funding to upgrade
remote airstrips (08 May 2020).
More...
National Cabinet starts ball rolling on reactivating
sports
The National Cabinet has endorsed principles paving the
way for the staged resumption of sport and recreational activities
after coronavirus restrictions are eased (08 May 2020).
More...
New virtual platform launched
A new service aims to help government stakeholders
communicate digitally with the sector through virtual events
including webinars, training videos and product launches (06 May
2020).
More...
UDIA National: Keeping residential transactions
The Urban Development Institute of Australia
(UDIA) has moved swiftly to develop a plan of
action, advise government and industry and recommend interventions
needed to sustain housing and construction activity during the
COVID-19 pandemic and beyond (05 May 2020).
More...
'We are all in this together': Living in border
towns can be confusing during COVIID-19 restrictions
As some states across the country enjoyed their first
taste of social freedom in weeks at the weekend, for many living in
border towns it was more a case of confusion than celebration (04
May 2020).
More...
Continued support for truckies to keep Australia moving
during COVID-19
Australian truck owners and operators will save hundreds
of dollars a year following the Federal Government's decision
to freeze the Heavy Vehicle Road User Charge at current levels (01
May 2020).
More...
Freight controller appointed to manage airfreight in the
national interest
The Australian Government has acted again to ensure the
movement of critical freight such as agricultural produce,
medicines and medical equipment can continue (29 April 2020).
More...
Victoria
Victorian councils excluded from public sector
support
Victorian Treasurer Tim Pallas on Wednesday announced a
$1,500 fortnightly payment for 3,000 state government workers who
had lost their jobs as a result of coronavirus but were ineligible
for the federal JobKeeper payment (07 May 2020).
More...
Treasurer leaves council staff high and dry
The Municipal Association of Victoria
(MAV) says the Victorian Government's
announcement that council workers will be ineligible for State
funding assistance for public sector workers is disappointing and
frustrating (06 May 2020).
More...
Making Rebuilding Easier For Bushfire Affected
Victorians
The new process also allows a CEO or delegate to make
decisions on applications, rather than the full council –
again clearing a path through the planning process for those
Victorians seeking to rebuild (06 May 2020).
More...
UDIA warns cost of increased development fees will be
devastating
The Urban Development Institute of Australia, Victorian
Division (UDIA Victoria) commends the Andrews
Government on announcement which includes tax exemptions and
freezing a host of fees and fines that are putting added pressure
on households during the coronavirus crisis (05 May 2020).
More...
Calls for State Government to help thousands of local
council staff who are without pay
The state's peak body for local councils is calling on
the Victorian Government to help more than 5,000 council staff who
are without work and ineligible for JobKeeper, amid calls for a
rates freeze for property owners (05 May 2020).
More...
Planners say pandemic shows farmland on city fringes is
crucial
Melbourne has withstood the pandemic by feeding itself on
largely locally grown foods from here and interstate. But for how
long if urban sprawl continues (06 May 2020).
More...
Frontline parking permits in response to COVID-19
The City of Melbourne will issue free temporary parking
permits to frontline workers responding to COVID-19 as parking
restrictions come back into effect in areas marked with green signs
across the municipality (05 May 2020).
More...
Improvements for Elizabeth Street south
Improvements planned for the southern end of Elizabeth
Street could receive the green light this week when City of
Melbourne Councillors consider a planning permit for the
redevelopment works. The proposed upgrades between Flinders Street
and Flinders Lane would create much-needed space for pedestrians,
beautify the streetscape and improve flood resilience (28 April
2020).
More...
NSW
$15 million to transform our streets and public spaces
for social distancing
The Streets as Shared Spaces program will help the NSW
Government reach its ambitious target to increase the proportion of
homes in urban areas within 10 minutes' walk of quality green,
open and public space by 10 per cent by 2023. Councils can apply
for Streets as Shared Spaces grants until 10 June 2020 (08 May
2020).
More...
ePlanning: local government calls for transparency over
future costs
NSW councils have worked with the State Government's
to support the development of the new ePlanning system, on the
condition that no fees and costs are passed on to councils and
communities over the long term (07 May 2020).
More...
Council forced into COVID app backdown
A Sydney council that faced a health department
investigation for illegally ordering workers to download the
CovidSafe app has rescinded the direction and apologised to staff
(07 May 2020).
More...
Public transport collapse may have upside
There's been 60-90 per cent drop in public transport
patronage in NSW since COVID lockdowns began. Secretary of
Transport Rodd Staples said a shift in demand for future transport
could also have implications for the Three Cities concept based on
the Eastern Harbour City, the Central River City and the
Aerotropolis City in the west (30 April 2020).
More...
Cautious support for fast-track development
criteria
The peak body warned that failure to include
environmentally sustainable waste and recycling measures in the
criteria was a missed opportunity, particularly in light of the
rapidly approaching national bans on the export of plastic, glass
and other recyclable materials (28 April 2020).
More...
Queensland
Premier Annastacia Palaszczuk announces a timeline for
the easing of COVID-19 restrictions
Councils to play a significant role in monitoring and
compliance. Council officers will be provided with emergency powers
as emergency officers (general) to assist with
this function. Council officers will also have the power to issue
PINs if compliance through education cannot be achieved, with State
Penalty Enforcement Regulations amended to allow local government
to issue PINs. (08 May 2020).
More...
Rubbish increases as Cairns residents fill time at home
during restrictions
Cairns Regional Council records significant increase in
waste created by residents since coronavirus restrictions came into
effect in March (07 May 2020).
More...
'Leave the Coast to the locals': Top cop warns
Brisbane tourists to stay away or risk fines
The most senior police officer on the Sunshine Coast is
warning would-be tourists that breaching the 50km travel limit for
a Mother's Day picnic is a bad idea and could cost a $1,334
fine (05 May 2020).
More...
Work begins on the Gold Coast's $1 billion Pacific
Motorway upgrade
Work begins on the Gold Coast's $1 billion Pacific
Motorway upgrade, with promises it will benefit motorists and the
economy (05 May 2020).
More...
OIA announces amnesty for first-time councillors
The Office of the Independent Assessor
(OIA) has announced a three-month amnesty for
first-time councillors and mayors who are the subject of
inappropriate or misconduct complaints, unless the matter is
serious. The amnesty would run from 5 May-5 August 2020 (05 May
2020).
More...
Misconduct complaints amnesty granted for first-time
councillors
First-time mayors and councillors who are the subject of
minor misconduct complaints will get a three-month amnesty,
Queensland's Office of the Independent Assessor says (05 May
2020).
More...
Qld councils broker job-protection deal with union
Queensland council staff have won more flexible working
conditions under temporary changes to their awards following the
changes brokered by unions and the local government peak (04 May
2020).
More...
Digital maturity supporting Qld councils and
communities
Online access to local government services is improving
for Queenslanders as councils continue to embrace digital
connectivity and service delivery, a comprehensive new report has
found (01 May 2020).
More...
The Report Get the 2020
Digital Productivity Report here.
New report applauds digital connectivity and service
delivery
The LGAQ's 2020 Digital Productivity report found that
about 95 per cent of Queensland councils now understand the digital
challenge, and 75 per cent have digital actions under way (01 May
2020).
More...
Long weekend a test for Sunshine Coast to attain zero
COVID-19 cases by Mother's Day
This holiday hotspot has the potential of having zero
active coronavirus cases by early May, but with fine weather and
loosening restrictions the situation could prove otherwise (30
April 2020).
More...
We need to party': Can the Gold Coast be trusted
with eased restrictions?
Queensland authorities question if the coastal city could
return to its usual way of life too soon, after allowing beaches to
open and people to picnic (30 April 2020).
More...
Councils, we need your local battleplans
The LGAQ will be now asking councils to prepare their own
local battleplans including the "shovel-ready" projects
you can get under way as soon as money is committed (30 April
2020).
More...
$185 million of roadworks start sooner
Premier Annastacia Palaszczuk will talk with the local
councils through the Regional Roads and Transport Groups and other
key industry stakeholders who use those corridors to identify
projects that can be prioritised within the remaining ROSI corridor
allocations (29 April 2020).
More...
With Gold Coast beaches set to reopen, mayor calls for
comeback of restaurants and cafes
As beaches reopen on the Gold Coast, mayor Tom Tate has
called on the Federal Government to allow the "gradual"
return of the city's crippled hospitality industry (27 April
2020).
More...
In practice and courts
UDIA: Helping Australia Bounce Back
UDIA's advocacy action plan, details six strategic
steps governments can take to stimulate housing and construction
during and after the pandemic (05 May 2020).
More...
Roads and bridges grants open - Councils encouraged to
apply
Applications are open for the latest rounds of the Australian
Government's Bridges Renewal Program
Round 5 and the Heavy Vehicle Safety and Productivity Program
Round 7. A combined $300 million is available to councils for
the upgrade or replacement of damaged or deteriorated bridges and
heavy vehicle infrastructure improvements. Applications for both
programs will close 29 May 2020.
ALGA: 2020 Resilient Awards open
Local Governments are invited to apply for the 2020
Resilient Australia Awards, before entries close on 18 May. The
awards recognise outstanding contributions in six categories:
community, business, local government, government, school and
photography. More...
Administration of financial disclosure requirements
under the Commonwealth Electoral Act
The objective of this audit is to examine the
effectiveness of the Australian Electoral Commission's
(AEC's) management of financial disclosures
required under Part XX of the Commonwealth Electoral Act 1918,
including the extent to which the AEC is achieving accurate and
complete financial disclosures. Due to table: June, 2020 Open for
contribution.
More...
Commonwealth Department of Communications and the Arts:
Telecommunications in new developments review
In light of recent and upcoming changes in the provision
of telecommunications in new developments, the Department is
undertaking a review of the
Telecommunications in New Developments (TIND)
Policy, and has released a discussion paper
Review of the 2015 TIND Policy, The Department is aiming to
complete the review of the 2015 TIND Policy and make any necessary
changes before 1 July 2020.
Victoria
Making Rebuilding Easier For Bushfire Affected
Victorians
The Department of Environment, Land, Water and Planning
will help guide councils and the community through the new
streamlined planning process. The Government – through
Bushfire Recovery Victoria – will continue to work with
affected communities to complete the necessary technical land
assessments required to meet current bushfire building standards
(06 May 2020). More...
Melbourne Industrial and Commercial Land Use Plan
The Melbourne Industrial and Commercial Land Use Plan
Department has now been finalised and released. In addition to a
Summary of Submissions report, individual submissions are now also
available (23 April 2020).
More...
Land-use planning system reforms consultation open
The Department of Environment, Land, Water and Planning
(DELWP) is proposing updates to Victoria's
land-use planning system to bring it in line with the new
environment protection framework due to come into effect on 1 July
2021.
More...
Extension to closing date - Living Heritage Grants Program
– Round 4 Applications now open
With the ongoing situation surrounding COVID-19, Heritage
Victoria understands that it may have been difficult to finalise
applications for Round 5 of the Living Heritage Grants Program
before 9 April 2020. To assist with this, the application closing
date has been extended to 12 June 2020.
Bushfires Royal Commission hearings commence
The Royal
Commission into National Natural Disaster Arrangements (often
referred to as the "Bushfires Royal
Commission") commenced its proceedings
with an online Ceremonial Hearing , 16 April. The Royal Commission
was established in response to the extreme bushfire season of
2019-20 which resulted in loss of life, property and wildlife and
environmental destruction.
Bushfire recovery grants and funding:
A range of funding streams have been announced to support
bushfire-affected
businesses, farmers and organisations as well as
individuals and families including:
- 2020 Clean-Up Program
- Victorian Bushfires Case Support Program
- Australian Government Disaster Recovery Payment
Significant Sporting Events Program
Councils may apply for grants in this funding program to
support the assistance, management or strategic planning of sports
events.
Applications are open until 30 June 2022 in various rounds.
Full details available online.
s.186 exemption for council recycling contracts
The Victorian Local Government Minister has
announced a state-wide s.186 exemption for local councils to
extend their recycling collection contracts to 30 June 2021.
Attached is a copy of the letter sent to all councils co-signed
by Minister Somyurek and the Minister for Energy, Environment and
Climate Change, the Hon. Lily D'Ambrosio MP.
Approvals
Ballarat C213ball applies the Specific Controls Overlay
(SCO) to various properties listed under the
Schedule to Clause 51.01 (Specific Sites and
Exclusions) and other related consequential changes, as
part of the Smart Planning Program to improve the transparency of
site specific controls. The changes improve the clarity and format
of the planning scheme by implementing reforms introduced by
VC148.
Glen Eira C198glen applies the Heritage Overlay to land at
430-434 Neerim Road, Murrumbeena on an interim basis, until 31
March 2021.
Monash C131mona rezones the land at 256-262 Huntingdale Road,
Huntingdale from part Industrial 1 Zone and part General
Residential Zone 2 to Residential Growth Zone 5, applies an
Environmental Audit Overlay and deletes the Design and Development
Overlay 1.
GC112 amends the schemes to recognise the Infrastructure
Design Manual in the Municipal Strategic Statements, and
introduces the Infrastructure Design Manual as a
background document in the Schedules to Clause 72.08
.
Greater Shepparton C222gshe replaces Schedule 3 to Clause 36.01
as it applies to land at 35-49 Graham Street, Shepparton to provide
for accommodation and education uses; and replaces the Schedule to
Clause 72.04 by introducing a new Incorporated Document titled
Built Form Controls Incorporated Document, Department of Rural
Health, Melbourne Medical School, The University of Melbourne,
January 2020.
South Gippsland C090sgip implements the recommendations of the
South Gippsland Housing and Settlement Strategy 2013 by introducing
changes to the Municipal Strategic Statement and the Local Planning
Policy Framework.
Surf Coast C130surf amends Clause 37.02 Comprehensive
Development Zone Schedule 2 to consolidate established planning
controls in external documents for The Sands Estate, Torquay into
the planning scheme to improve the operation and transparency of
the scheme.
Wyndham C242wynd rezones 842 Sayers Road, Tarneit from the
General Residential Zone to the Mixed Use Zone, to facilitate the
use and development of the land in accordance with the approved
development plan applying to the land.
Yarra C265yara applies the Specific Controls Overlay to various
properties listed under the Schedule to Clause 51.01
(Specific Sites and Exclusions) and other related
consequential changes, as part of the Smart Planning Program to
improve the transparency of site specific controls. The changes
improve the clarity and format of the planning scheme by
implementing the reforms introduced by VC148
Melton C220melt replaces the expiry date of the current interim
heritage controls at 398-428 Exford Road and 430-458 Exford Road,
Weir Views with an extended expiry date of 1 April 2021.
Whittlesea C244wsea corrects an anomaly resulting from an error
in Amendment GC28 by removing Schedule 4 to the Environmental
Significance Overlay from properties in the Donnybrook-Woodstock
Precinct Structure Plan area.
NSW
Office of Local Government Circulars
20-14 Updated guidance on attendance by councillors and
others at council and committee meetings during the COVID-19
pandemic
Circular Details: 20-14 / 27 April 2020 / A700129
Council Circular 20-14
20-15 New Integrated Planning and Reporting requirements
for NSW councils
Circular Details: 20-15 / 1 May 2020 / A700190
Council Circular 20-15
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
Queensland
Economics and Governance Committee: Report No. 37, 56th
Parliament—Electoral and Other Legislation (Accountability,
Integrity and Other Matters) Amendment Bill 2019, interim
government response
The Government expresses its appreciation to the Economics
and Governance Committee for its consideration of the bill and
advises that matters relevant to the bill are still under
consideration. The Government's final response to the Report
will be tabled by 7 August 2020 (06 May 2020).
More...
Program - Public briefing - Electoral Commission
Queensland - 11 May 2020
Legal Affairs and Community Safety Committee - Inquiry
into the Electoral Commission of Queensland's online
publication of preliminary and formal counts of the votes cast in
the local government elections and state by-elections held on 28
March 2020 inquiry.
More...
Insight, 5th
edition
Office of the Independent Assessor - We take a look at the
Councillor Conduct Tribunal which decides misconduct allegations
and bring you the latest addition to the OIA's toolkit for
councillors, a guide to messaging apps (05 May 2020).
More...
OIA: guide on messaging apps for councillors
A helpful new guide has been released outlining the rules
and risks for Queensland councillors when using messaging apps to
discuss council business. The new guide would prove valuable to the
many newly elected councillors in Queensland, particularly those
joining local government for the first time (04 May 2020).
More...
LGAQ: Changes to dealings with Survey Plans
The Titles Registry is introducing new ways to deal with
'a plan of survey' (also known as a survey
plan) and streamline survey plan approval/consent
processes. Under the new process, commencing 27 April 2020, a local
government (as a relevant 'Planning Body') can approve a
survey plan by electronically signing and transmitting a modified
consent form (new Form 18B), back to the surveyor, lawyer or
developer as the case may be (28 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 for Temporary Use Licences (06 May 2020).
More...
LGAQ: Have you say on the Mobile BlackSpot Program Round
5A
The Australian Government has released a Consultation
Paper seeking input on the design of Round 5A of the Mobile Black
Spot Program. The consultation paper
can be found here. The LGAQ is seeking contributions from
councils by 5 June 2020, with Submissions due by 19 June 2020.
More...
LGAQ: Release of the Austroads Guide to Temporary
Traffic Management
The formal adoption of the AGTTM in Queensland is planned
for July 2020. In preparation for the adoption in Queensland, local
government officers involved in traffic management activities can
view a
Fact Sheet and the new AGTTM and video presentations providing
an overview of each section on
the Austroads website.
Oxley Priority Development Area master plan -
Submissions
This will feature 80 residential lots, 10 hectares of
public open and green space, and a site for retirement and
community facilities, as well as supporting the relocation of the
Yuingi childcare centre. Submissions close 11 May via email.
More...
Have your say: future of South Bank
The Palaszczuk Government is encouraging people to have
their say on the future of the South Bank precinct, with the roll
out of public consultation on the master plan. The master plan
would build on the precinct's iconic features, while harnessing
new ideas. It is expected the master plan process will be completed
by the end of 2020. More...
Consultation: Yeronga proposed development scheme for a
mixed-use precinct in the Yeronga Priority Development Area
(PDA)
The scheme establishes a planning framework to transform
the site and sets out intended land uses, development criteria and
infrastructure envisaged for the PDA. Submissions can be made
between 1 April and 17 May. More...
LGAQ: Review of the Strong and Sustainable Resource
Communities Act 2017
The Office of the Coordinator-General is leading the
review and will be engaging with councils and key stakeholders from
the end of January to May 2020.
More...
LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here.
Keep an eye on the events page
which will be updates as more events are confirmed in the
calendar
Cases
Victoria
Grebe Investments Pty Ltd v Bass Coast SC
[2020] VCAT 551
Application under s.79 of the Planning and Environment
Act 1987; review of the failure to grant a permit; Bass Coast
Planning Scheme; Low Density Residential Zone; Bushfire Management
Overlay; subdivision; removal of native vegetation; landfill gas
and leachate; stormwater; noise; amenity; bushfire risk and traffic
safety.
Skyways Pty Ltd v Greater Dandenong CC
[2020] VCAT 482
Greater Dandenong Planning Scheme; Application under
section 77 of the Planning and Environment Act 1987; Mixed Use
Zone; Clause 52.27; Proposal for packaged liquor licence; Noble
Park Activity Centre; Suitability of location; Amenity impacts;
Contextual change.
Buden Holdings Pty Ltd v Knox CC
[2020] VCAT 545
Construction of three double storey dwellings and
removal of an easement.
Application under section 77 of the Planning and Environment Act
1987 – to review the refusal to grant a permit.
Chan v Monash CC [2020] VCAT
526
Section 77 of the Planning & Environment Act 1987;
Monash Planning Scheme; General Residential Zone Schedule 3;
Vegetation Protection Overlay Schedule 1; Planning Policy;
Neighbourhood Character; Design; Traffic; Internal Amenity;
External Amenity
Marshall v Stonnington CC [2020]
VCAT 543
Relevance of consideration of trees on adjoining lot
to proposal to extend a dwelling; Tree impact and measures
necessary to address the impact unclear; Decision on basis of
compliance with clause 54 standards and objectives, but tree impact
measures may change this; Tree impact measures should have formed
part of the merits consideration. No permit
Dodds v Mornington Peninsula SC
[2020] VCAT 536
Mornington Peninsula Planning Scheme; General Residential
Zone, Schedule 1; Design and Development Overlay, Schedule 1;
Vegetation Protection Overlay, Schedule 1; Garden area requirement;
Built form; Neighbourhood character; Street setbacks; Private open
space; Overlooking.
Pace Development Co 10 Pty Ltd v Moreland
CC [2020] VCAT 525
Moreland Planning Scheme; Section 79 the Planning and
Environment Act 1987; former Pentridge Prison site; Expired permit
for 7-8 storey building; Development of two 16 storey towers
containing apartments, supermarket and retail premises, Pentridge
Village Design Guidelines and Master Plan 2019; Pentridge Design
Guidelines and Masterplan 2014; Interim decision.
Raso v Greater Geelong CC [2020]
VCAT 534
Section 82 of the Planning & Environment Act 1987;
Greater Geelong Planning Scheme; General Residential Zone Schedule
2; Design and Development Overlay Schedule 14; Multiple Dwellings;
Policy; Neighbourhood Character; Visual Bulk; Access
Arrangements
Renieris v Boroondara CC [2020]
VCAT 524
Section 80 of the Planning and Environment Act 1987;
Boroondara Planning Scheme; Additions to a Dwelling; Disputed
Conditions Relating to Boundary Wall and Privacy Screening.
Halpin v Maribyrnong CC [2020]
VCAT 244
The permit allows: Construction of a double storey
extension to the rear of an existing dwelling on a lot less than
300 square metres. Demolition of the rear of the existing
dwelling.Application under section 82 of the Planning and
Environment Act 1987 – to review the decision to grant a
permit
Bougazas v Bayside [2020] VCAT
533
Section 80 of the Planning and Environment Act 1987
– Bayside Planning Scheme – Neighbourhood Residential
Zone (Schedule 3) – Vegetation Protection Overlay (Schedule
3) – removal of vegetation – conditions.
Wong v Maroondah CC [2020] VCAT
494
Section 77 of the Planning and Environment Act 1987,
car stacker in garage adjacent to other dwelling, neighbourhood
character
Carroll v Monash CC [2020] VCAT
528
Demolition; Considerations given no specific local
policy guidance; Historical significance; Architectural
significance; Farmhouse; Reconstruction and restoration. No
permit
Polixronis Super Pty Ltd v Darebin CC
[2020] VCAT 523
Section 77 of the Planning and Environment Act 1987;
Review the refusal to grant a permit; Darebin Planning Scheme;
Commercial 1 Zone (C1Z); Minimal Housing Change area; Four storeys;
Mixed use development; Apartments; Scale of development; Clause 58
Apartment Developments; Car parking reduction.
Xu v Monash CC [2020] VCAT
468
Section 80 of the Planning and Environment Act 1987;
Monash Planning Scheme; General Residential Zone 6; Four double
storey dwellings; impact of cantilevered sections of dwellings
Anderson v Banyule CC [2020] VCAT
527
Banyule Planning Scheme; General Residential Zone Schedule
1; Neighbourhood character; Front setback; Landscaping;
Overlooking; Traffic and car parking.
Ni v Maroondah CC [2020] VCAT
520
Section 77 of the Planning and Environment Act 1987;
Maroondah Planning Scheme; Residential Growth Zone; Significant
Landscape Overlay; Construction of five, three storey dwellings;
Ringwood Activity Centre location; Housing policy; Underdevelopment
of land; Building form, design and landscape response; Visitor
parking.
309 A Queens Pde Pty Ltd v Yarra CC
[2020] VCAT 518
Planning and Environment Act 1987 s 39; extent of Tribunal
jurisdiction under s 39; whether planning authority failed to
afford implied obligations procedural fairness. Dismissed
Seidler Enterprises Pty Ltd v Port Phillip
CC [2020] VCAT 514
Demolition of significant house; Incorporated document of
heritage gradings; Relevant
Fourlis v Mornington Peninsula SC
[2020] VCAT 511
Mornington Peninsula Planning Scheme; policy affecting
medium density housing in Mornington Peninsula Shire Council;
comparison of medium density housing proposal with existing
neighbourhood character; insertion of double storey housing in a
predominantly single storey neighbourhood; grades and changes of
levels within a common property driveway.
XYZ Constructions Pty Ltd v Kingston CC
[2020] VCAT 510
Section 109 of the Victorian Civil and Administrative
Tribunal Act 1998; Costs associated with refused strike out
application; Nature and complexity of proceeding; Relative
strengths of claims. Application for costs refused
Greater Geelong CC v 4 Monkeys Pty Ltd
[2020] VCAT 507
Sections 109 of the Victorian Civil and Administrative
Tribunal Act 1998; Quantum of costs associated with enforcement
proceedings under section 114 of the Planning and Environment Act
1987
The respondents must pay the costs of the responsible authority incurred in respect of the proceeding, such costs if not agreed to be taxed by the Costs Court on a standard basis on the County Court scale.
NSW
Nicholson v Office of Local Government
[2020] NSWCATAD 126
ADMINISTRATIVE LAW – procedure – time
limits – appeal lodged out of time – no application for
extension of time - principles to be applied – whether
reasonable excuse for the delay in making the application.
Snowy Monaro Regional Council v Tropic Asphalts Pty
Ltd [2020] NSWCCA 74
APPEAL – where charges found to be duplicitous
– where leave sought to amend charges to nominate particular
working days as separate counts of breach
APPEAL – whether failure to take into account relevant
consideration – whether denial of procedural fairness
ENVIRONMENT AND PLANNING – consent – where alleged
breach of terms of development consent
Lipscombe v Blue Mountains City Council
[2020] NSWCATAD 121
ADMINISTRATIVE LAW – Government Information
(Public Access) Act -– legal professional privilege –
whether privilege waived
Benmill Pty Ltd v North Sydney Council
(No 2) [2020] NSWLEC 44
ENVIRONMENT AND PLANNING — Consent —
Construction of use approved by order of the Court — Whether
approval for "roof sign" is a "roof or sky
advertisement" or a "building identification sign"
under State Environmental Planning Policy No 64 – Advertising
and Signage — Roof or sky advertisement
ESTOPPEL — Issue estoppel — Whether issue fundamental
— Finding made by Commissioner of the Land and Environment
Court — Issue estoppel and abuse of process not made out
Stevens Holdings Pty Limited trading as Stevens Group v
Newcastle City Council [2020] NSWLEC
1201
JOINDER – application for joinder –
statutory power to order joinder under s 8.15 Environmental
Planning and Assessment Act 1979 – issues proposed to be
raised by applicant for joinder sufficiently addressed –
public interest – joinder refused
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
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.
Queensland
Local Government Association of Queensland Ltd v Queensland
Services, Industrial Union of Employees & Ors
[2020] QIRC 65
INDUSTRIAL LAW – VARIATION OF A MODERN AWARD
– application to vary a modern award
Queensland
Services, Industrial Union of Employees v Council of the City of
Gold Coast (No. 2) [2020] QIRC 62
INDUSTRIAL LAW - notice of industrial dispute
concerning employee's rejected request for reclassification of
position and allegation of breach of confidentiality made against
same employee - dispute not resolved in conciliation - dispute to
be arbitrated - determination of question for arbitration
In
the making of the Rockhampton Regional Council Waste and Recycling
Certified Agreement 2018 [2020] QIRC 60
INDUSTRIAL LAW – COLLECTIVE BARGAINING –
Application for certification of an agreement – Requirements
for certification – Agreement certified
Legislation
Commonwealth
Corporations
(Coronavirus Economic Response) Determination (No. 1)
2020
05/05/2020 - This instrument modifies the
Corporations Act 2001 to enable Annual General Meetings to be run
electronically, and to enable electronic signatures to be used, to
address the impacts of the Coronavirus
Victoria
Local Government Act 2020 (Vic)
Date of commencement: 1 May 2020
Sections 11, 40 to 43, 47, 52, Part 2 Division 8 (sections 53 and
54), sections 55, 57, Part 3 Division 2 (sections 59 to 70),
sections 313 to 324, section 360 of this Act came into operation on
1 May 2020 (SG150 24.03.2020)
Act Number: 9/2020
Bills
Appropriation (Interim) Act 2020 (Vic)
Date of assent: 28 April 2020 Act Number: 12/2020
Appropriation (Interim) Bill
2020
Date of second reading speech: 23 April 2020
Secures $24.5 billion in emergency funding to save lives, support
jobs and businesses, and set Victoria up to recover from the
pandemic over the next two years. Includes Land tax relief for
landlords will be implemented through a separate Appropriation
Bill
State Taxation Acts Amendment (Relief Measures) Act 2020
(Vic)
Date of assent: 28 April 2020 Act Number: 14/2020
State Taxation Acts Amendment (Relief Measures) Bill
2020
Introduced into and passed by State Parliament 23 April
2020
Extends the regional First Home Owners Grant for another year, and
gives effect to bushfire tax relief measures announced earlier this
year, including immediate payroll tax relief and stamp duty relief
in State of Disaster areas
Victorian legislation can be accessed here
NSW
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (COVID-19 Planning
Bodies) Regulation 2020 (2020-177) — published
LW 30 April 2020
Reminder:
Local Government (General) Amendment (COVID-19) Regulation (No 2)
2020 (2020-176) — published LW 24 April
2020
Determination of fees - Despite section 241 of the Act,
the determinations under that section for the year beginning 1 July
2020 must be made not later than 1 July 2020mrather than 1 May
2020
Reminder:
Local Government (General) Amendment (COVID-19) Regulation
2020 (2020-152) — published LW 17 April 2020 -
Division 15 COVID-19 pandemic—temporary measures
Operational plan - Despite section 405(1) of the Act, the
operational plan of a council for the year beginning 1 July 2020
must be adopted before 31 July 2020 rather than 30 June2020
Payment of rates and annual charges - (1) Despite
section 562(3) of the Act, an instalment (whether a single
instalment or a quarterly instalment) of annual rates and charges
that would have been payable by 31 August 2020 is instead payable
by 30 September 2020
Queensland
Subordinate Legislation as made – 01 May 2020
No 61
Disaster Management (Further Extension of Disaster
Situation—COVID-19) Regulation (No. 2)
2020
The purpose of the Regulation is to further extend the period of
the disaster situation declared for the whole of the State of
Queensland on 22 March 2020 and extended by regulation on 2 and 16
April 2020.
Subordinate Legislation as made – 08 May 2020
No 65 Land (COVID-19 Emergency Response—Waiver and Deferral of Rents and Instalments) Regulation 2020
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