In the media
Commonwealth
Doubling Renewables Could Save USD $4.2 Trillion
Annually
Analysis by the International Renewable Energy Agency
(IRENA) indicates a very strong economic case for doubling
renewable capacity by 2030 globally. REmap: Roadmap for a Renewable
Energy Future was released yesterday and updates some of the key
findings of the 2014 REmap report (18 March 2016).
More...
2016 Renewable Energy Target liability obligations
set
The CER has today published the
small-scale technology percentage and the renewable power
percentage for 2016. The 2016 small-scale technology
percentage is 9.68%, the non-binding small-scale technology
percentage for 2017 is estimated at 9.02% and at 8.31% for 2018 and
the 2016 renewable power percentage is 12.75% (15 March 2016).
More...
Why BASIX water requirements should be replicated across
Australia
NSW has outperformed the nation in water efficiency and
according to the authors of a new report the reason is its BASIX
rating system for housing and the rest of the country should
emulate it (15 March 2016).
More...
China, Thai investors join rush to Australian energy
renewables
China's State Power Investment Corporation has snapped
up another wind farm in Australia, as new entrant Thailand's
Wind Energy Holding has bought 50 per cent of project developer CWP
Renewables, confirming a surge of overseas interest in the wind and
solar sector (15 March 2016).
More...
Ararat Wind Farm: first renewable energy project
registered for an IS rating
The Ararat Wind Farm project is the first renewable energy
project in Australia to register for an IS rating. Over the coming
months, the project team will be working on their IS As Built
rating submission, measuring and capturing sustainability
initiatives and practices on the project (11 March 2016).
More...
Expansion of Carbon Certification to include Committee
for Cities, Precincts & Buildings
The Australian
National Carbon Offset Standard was introduced in 2010 to
set requirements for businesses, products, services and events
seeking carbon neutrality. An Expert Committee has been formed to
expand the current scheme as well as work towards a carbon-neutral
certification for buildings (08 March 2016) See Minister for
Environment announcement here. GBCA Media Release here.
How Can We Stop Urban Sprawl?
As the population of Australia grows, a critical area of
challenge for planners revolves around how to limit urban sprawl
(18 March 2016). More...
Northern Australia Infrastructure facility moves
ahead
The Government has introduced legislation to establish the
$5 billion Northern Australia Infrastructure Facility (NAIF), a
centre piece of the White Paper on Developing Northern Australia
(17 March 2016).
More...
Funding available now for infrastructure upgrades for
NSW irrigators
Irrigators in northern New South Wales can now apply for a
share of $111 million in funding to upgrade on-farm water
infrastructure (17 March 2016).
More...
Victorian
Support For Workers Following Chemical Inquiry
The Andrews Labor Government will roll out a host of
measures to support former Crown Lands workers following an inquiry
into historical chemical use by employees, after an inquiry after
concerns were raised in Ballarat about exposure to the chemicals
2,4-dichlorophenoxyacetic acid (2,4-D) and
2,4,5-trichlorophenoxyacetic acid (2,4,5-T) (18 March 2016).
More...
Planning Minister Pushes For Higher Tower
Standards
Minister for Planning Richard Wynne has reached a
compromise with the developer of a King Street tower, giving final
approval for a new CBD tower which will generate construction jobs
and complement the surrounding area (18 March 2016). More...
Have Your Say On How Victoria Manages Our Plants And
Animals
Minister for Environment, Climate Change and Water Lisa
Neville today called for community feedback to two integral plans
which will shape the way Victoria manages its native plants and
animals. Protecting Victoria's Environment – Biodiversity
2036 is the Andrews Labor Government's long term strategy for
stopping the decline of Victoria's biodiversity (17 March
2016).
More...
Funds To Help Victorians Protect Threatened Species And
Habitat
Applications are now open for a second round of grants
for community groups and environmental organisations under the
Andrews Labor Government's Threatened Species Protection
Initiative (16 March 2016).
More...
Sky rail Melbourne: Premier says nearby residents to be
compensated
Residents living near the Andrews Government's $1.6
billion sky rail project could receive compensation or voluntarily
sell their homes to the government, with the Premier Daniel Andrews
revealing that arrangements for compensation and "any
voluntary acquisition of property" were
"fully-funded" (14 March 2016).
More...
EPA fines Scoresby company over $7500
Environment Protection Authority Victoria (EPA) has fined
a Scoresby company over $7,500 for illegally discharging liquid
waste into a local stormwater drain (17 March 2016).
More...
$4 Million Commitment To Geelong Safe Harbour
Project
The Andrews Labor Government is pledging $4 million
towards Stage One of the Geelong Waterfront Safe Harbour Precinct
(16 March 2016). More...
Trial Looks To Space To Help Detect Water Leaks
Technology developed to search for water on other planets
could benefit the Victorian Water Industry, with a trial now under
way to test its capacity to detect leaking water mains (16 March
2016). More...
Have your say on managing Victoria's water
resource
Water for Victoria, a discussion paper about managing our
future water resources has been released and we want to hear your
views (16 March 2016).
More...
Charges laid following EPA investigation into Hazelwood
mine fire
EPA has charged a number of companies with air pollution
offences under the Environment Protection Act following a
comprehensive investigation into the Hazelwood mine fire which
started on 9 February 2014 (15 March 2016).
More...
Regulator releases Draft Decision on Melbourne
Water's 2016 price submission
Victoria's independent economic regulator, the
Essential Services Commission (the Commission), has today released
its Draft Decision on Melbourne Water's price submission for 1
July 2016 to 30 June 2021 (11 March 2016). More...
$750 Million Investment To Revitalise Queen Street
Minister for Planning Richard Wynne has approved a $750
million two-tower development on Queen Street, a part of
Melbourne's CBD undergoing transformation through new
development (12 March 2016).
More...
Dingley Bypass To Open Ahead Of Schedule
Motorists in Melbourne's South Eastern suburbs will
benefit from the opening of the $156 million Dingley Bypass, five
months ahead of schedule (11 March 2016).
More...
EPA revokes Apollo Bay foreshore notice after asbestos
all clear
Environment Protection Authority Victoria (EPA) has
revoked a clean up notice which was issued to the Otway Coast
Committee following the removal of asbestos-containing fragments
from the Apollo Bay foreshore (09 March 2016).
More...
EPA fines Portland company over $7500
Environment Protection Authority Victoria (EPA) has fined
Portland company Iron Horse Enterprises Pty Ltd (trading as WestVic
Demolitions and Asbestos Removals) more than $7,500 for depositing
industrial waste at a site not licensed to receive it (09 March
2016).
More...
Air monitoring results from Broadmeadows tyre fire
released for community
EPA has released a fact sheet and report to summarise the
air quality monitoring results recorded during a tyre fire that
began on 11 January 2016 at Tyre Crumb Australia in Broadmeadows
(09 March 2016).
More...
Faster Solar Connections For Victorians
Minister for Energy and Resources has introduced the
National Electricity (Victoria) Further Amendment Bill
2015, to switch Victoria to national arrangements for
connection, which require electricity distributors to follow
tighter timeframes when they get a connection request (08 March
2016).
More...
New South Wales
Have your say on a solar farm near Griffith
A proposal by Neoen Australia for a solar farm at Yoogali
near Griffith will be on exhibition from today for community
feedback (18 March 2016). More...
Simpler planning policies for correctional centres and
complexes
The Department of Planning and Environment today announced
changes for the approval of extensions to correctional centres (18
March 2016). More...
Marrickville rezoning plans to be prepared for public
feedback
A proposal lodged by Marrickville Council to rezone
industrial land in Marrickville to allow for new homes and
businesses has progressed to the next phase of investigation (16
March 2016). More...
Changes to make the planning system easier for
businesses in NSW
The NSW Department of Planning and Environment today
announced an amendment order to the Standard Instrument for Local
Environment Plans (SILEPs) and two State Environmental Planning
Policies (SEPPs), which will provide a more consistent approach
state-wide and help increase local economic activity, create jobs
and encourage investment (12 March 2016). More...
NSW's Strata Title Laws Shake-up: What Does It Mean
For Developers?
The development industry is set for a major shake-up
mid-2016 when NSW introduces sweeping reforms to the strata title
laws (16 March 2016).
More...
Review of Catchment Action NSW funding to Local Land
Services
The Office of Environment and Heritage appointed the
Natural Resources Commission (the Commission) to carry out a
mid-term review of Local Land Services' delivery of Catchment
Action NSW funding in 2014-15.The Commission has now finalised its
report (11 March 2016). More... More... (November 2015)
Sydney Metro Northwest's skytrain underway
The first section of Sydney Metro Northwest's skytrain
is complete, meeting another important milestone for
Australia's biggest public transport project (09 March 2016).
More...
Western Sydney airport high speed rail link
essential
Announcements by Prime Minister Malcolm Turnbull that a
high speed rail link must be ready for the opening of the Western
Sydney Airport in 2026 is good news, says the Urban Taskforce (11
March 2016).
More...
Two penalties for Visy Paper Australia for litter and
odour problems
The NSW Environment Protection Authority (EPA) has issued
Visy Paper with an $8, 000 penalty notice for offensive odours and
a $500 penalty notice for litter escaping the boundary of its
Smithfield premises (10 March 2016). More...
Independent PAC to decide on Sydney Superyacht Marina
modification
The Department of Planning and Environment has referred a
modification application to upgrade the Sydney Super Yacht Marina
at Rozelle Bay to the independent Planning Assessment Commission
for a determination (09 March 2016). More...
EPA fines Ameropa Australia Kooragang facility
$15,000
The NSW Environment Protection Authority (EPA) has issued
a $15,000 fine to Ameropa Australia Pty Ltd (Ameropa Australia) for
contravening its environment protection laws (09 March 2016).
More...
Queensland
Queensland's infrastructure spending too important
for grandstanding, Deputy Premier Jackie Trad says
Queensland's Deputy Premier Jackie Trad says $35
billion worth of planned infrastructure spending – including
$500 million in new funding – is too important to be used for
political grandstanding by the crossbench (18 March 2016).
More...
Govt lays down integrated resort requirements
Strict government standards have been laid down so that
any new major integrated resort developments in Queensland meet
international tourist expectations (16 March 2016).
More...
World-class $100 million aquarium proposed for South
Bank
A world-class aquarium is part of a proposed $100 million
redevelopment of the Queensland Maritime Museum on Brisbane's
South Bank being progressed through the Palaszczuk Government's
Market-Led Proposal initiative (16 March 2016).
More...
For more information on Market-Led Proposals, go to here.
Objection rights restored for Aurukun mine
The community will have
their objection rights restored for the Aurukun mining project,
under legislation debated in State Parliament tonight (15 March
2016). More...
Parliament supports Adani mine approvals
Queensland Parliament today supported the approval of
Adani's $21.7 billion Carmichael Coal project (15 March 2016).
More...
Government moves to enforce 'chain of
responsibility' system for costly environmental clean-ups
The Palaszczuk Government has moved to introduce new laws
to prevent irresponsible businesses from leaving Queensland
taxpayers with costly environmental clean-up bills (15 March 2016).
More...
Enforcement Orders issued against Qld Nickel Sales
Hours after transferring an Environmental Authority
permitting Queensland Nickel Sales to operate the Yabulu refinery,
the Department of Environment and Heritage Protection has served
enforcement orders demanding the company take action to ensure the
environment is protected (11 March 2016).
More...
Linc Energy committed for trial
Linc Energy Limited has been committed to stand trial in
the District Court at Dalby, at a date to be set, on five charges
of wilfully causing serious environmental harm, in contravention of
the Environmental Protection Act 1994 (11 March 2016).
More...
More...
Queensland Nickel environmental authority approved
The Queensland Government has approved the transfer of
Queensland Nickel's environmental authority (EA) to Queensland
Nickel Sales Pty Ltd, the new operator of the Yabulu nickel
refinery north of Townsville (11 March 2016).
More... More... (11 March 2016)
Queensland's carbon pollution could increase by a
third, report says
New modelling by Queensland's Environment Department
shows the state's carbon pollution could increase by 35 per
cent by 2030.The State Government has released the projections in
the face of growing resistance to planned changes to tree-clearing
laws (09 March 2016).
More...
(09 March 2016) We have a right to development': Pearson hits out at tree clearing laws
(09 March 2016) New study reveals LNP's carbon pollution plan for Queensland
Far North Queensland to benefit from new solar
farm
An ex-frontier services town in far North-West Queensland
is set to benefit from the construction of a new solar plant, which
will demonstrate the value of renewable energy at the edge of the
National Electricity Market. The Australian Government is providing
$8.4 million to support the construction of a 5 MW solar PV plant
(08 March 2016).
More...
First sod turned on new $75 million retail development
for North Lakes
Deputy Premier and Minister for Infrastructure, Local
Government and Planning welcomed the start of works by developers
Primewest, which will transform the 11,350 square metre location
into high quality, large format retail space to attract a number of
high profile brands (07 March 2016).
More...
Proving solar benefits at the edge of Australian grids
The Australian Renewable Energy Agency (ARENA) has announced $8.4 million funding support for Canadian Solar and Scouller Energy to construct a 5 MW DC (4.5 MW AC) solar farm near Normanton in far North-West Queensland (07 March 2016). More...
In Practice and Courts
Commonwealth
ARENA: New large-scale solar data and
shortlisted project
A summary of the data from 75 large-scale solar project
proposals is now available (04 March 2016)
Victoria
VIC: Macedon ranges protection advisory Committee Issues
Paper
The Committee has released an Issues
Paper for comment. Submissions on the Issues Paper close 15
April 2016 (17 March 2016).
VIC: Planning scheme amendments online is changing
The Department is phasing out the old Planning Scheme
Amendments Online website and replacing it with a new, modern
service that is integrated into Planning Schemes Online.
Information about planning scheme amendments can now be found
through the
Amendments tab on Planning Schemes Online. We recommend that
you update your bookmarks and links for this new location.
Draft Decision on Melbourne Water's 2016 Price
Submission: consultation
Written submissions are due by 26 April 2016. The final
decision will be released in June 2016. More...
VIC: Residential State of Play reports
The
Residential State of Play Reports have been released to support
the Managing Residential Development Advisory Committee. The
reports discuss the application of the new residential zones and
trends in housing development. The closing date for submissions to
the advisory committee is 14 March 2016.
VIC: Investing In Innovative Waste to Energy Recovery
Systems: application grants available
The funding aims to help overcome barriers to uptake of
these technologies by supporting pilot projects that demonstrate
the viability of organics recovery and processing, and which can
easily be replicated. Applications close 21 March 2016. More...
New South Wales
PCA: Proposed changes to NSW Complying
Development
Property Council of Australia's submission on proposed
changes to NSW Complying Development to cover medium density
housing, 09 March 2016.
More...
NSW: Applications Open for 2016-17 Floodplain Management
Grants
The Office of Environment and Heritage is inviting
applications for funding under the Floodplain
Management Program for the 2016 - 17 financial year. Applications
close on 17 March 2016
Contact the relevant regional office in the grant application
guidelines for further information here.
NSW Water: Draft Water Sharing Plan for the North Coast
Fractured and Porous Rock Groundwater Sources now on public
exhibition
The draft plan is on exhibition for comment from 8
February 2016 to 20 March 2016.
More...
Queensland
QLD Draft guideline: master planning for priority
ports
The Queensland Government is advancing master planning for
priority ports - Gladstone, Abbot Point, Townsville and Hay
Point/Mackay in accordance with the Sustainable Ports Development
Act 2015 and consistent with the Reef 2050 Long-Term Sustainability
Plan. The Draft guideline: master planning for priority ports is
available for public comment until 14 March 2016. More...
QLD: Reports due
Planning Bills 2015 – 21
March 2016
North Stradbroke Island Protection
and Sustainability (Renewal of Mining Leases) Amendment Bill 2015
and North Stradbroke Island Protection and Sustainability and Other
Acts Amendment Bill 2015 - 31 March 2016
Queen's Wharf Brisbane Bill 2015 –
04 April 2016
Queensland Parliamentary Committee: Planning Bills and
Public Inquiry
The committee is required to consider all of the Planning
Bills and reopened committee's inquiries into the private
members' Bills and report to Parliament by 21 March 2016.
More...
Cases
Victoria
Hotel Windsor Holdings Pty Ltd v Minister for
Planning (Red Dot) [2016] VCAT 389
NATURE OF CASE - Application for extension of time to
complete development. LOCATION OF PASSAGE OF INTEREST - Part
3 – paragraph [49] onwards. REASONS WHY DECISION IS OF
INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or
application - Relevance and application of principles in Kantor v
Murrindindi SC and other relevant criteria to a request for an
extension of time to complete development, as opposed to starting
development. PRACTICE OR PROCEDURE – consideration of
individual instance or systemic issues. Adequacy of standard
2 x 2 permit (with two years to start development and two years to
complete) for a major central city development; desirability of
permit having a reasonable construction timeframe to allow
contractual certainty for builders and financiers.
APPLICATION – significant and interesting development -
Public interest in decision about Windsor Hotel
redevelopment. More...
G3 Projects Pty Ltd v Yarra CC
(Red Dot) [2016] VCAT 373
NATURE OF CASE - Consideration of Clause 22.17, notably
the objective to achieve ESD best practice in relation to
daylighting. LOCATION OF PASSAGE OF INTEREST - Paragraphs 27
– 60. REASONS WHY DECISION IS OF INTEREST OR
SIGNIFICANCE POLICY – interpretation or application of policy
- Considers Planning Policy 22.17 – Environmentally
Sustainable Development (ESD) and how 'best practice' in
ESD should be reviewed. ANALYSIS – exposition of how to
asses an issue or matters to consider - Considers how to assess
daylight modelling and presentation of daylight modelling
information. More...
Hotel Windsor Holdings Pty Ltd v Minister for
Planning (Red Dot) [2016] VCAT 351
NATURE OF CASE - Application for extension of time to
complete development. LOCATION OF PASSAGE OF INTEREST - Part
3 – paragraph [49] onwards. REASONS WHY DECISION IS OF
INTEREST OR SIGNIFICANCE. LAW – issue of interpretation
or application - Relevance and application of principles in Kantor
v Murrindindi SC and other relevant criteria to a request for an
extension of time to complete development, as opposed to starting
development. PRACTICE OR PROCEDURE – consideration of
individual instance or systemic issues. Adequacy of standard
2 x 2 permit (with two years to start development and two years to
complete) for a major central city development; desirability of
permit having a reasonable construction timeframe to allow
contractual certainty for builders and financiers.
APPLICATION – significant and interesting development -
Public interest in decision about Windsor Hotel
redevelopment. More...
Hotel Windsor Holdings Pty Ltd v Minister for
Planning (Red Dot) [2016] VCAT 403
NATURE OF CASE - Application for extension of time to
complete development. LOCATION OF PASSAGE OF INTEREST - Part
3 – paragraph [49] onwards. REASONS WHY DECISION IS OF
INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or
application. Relevance and application of principles in
Kantor v Murrindindi SC and other relevant criteria to a request
for an extension of time to complete development, as opposed to
starting development. PRACTICE OR PROCEDURE –
consideration of individual instance or systemic issues -
Adequacy of standard 2 x 2 permit (with two years to start
development and two years to complete) for a major central city
development; desirability of permit having a reasonable
construction timeframe to allow contractual certainty for builders
and financiers. APPLICATION – significant and
interesting development - Public interest in decision about Windsor
Hotel redevelopment. More...
Rofo v Hume CC [2016] VCAT
404
Section 77 of the Planning and Environment Act
1987; Hume Planning Scheme; General Residential Zone;
neighbourhood character; parking; vehicle access; amenity. More...
Wang v Glen Eira CC [2016]
VCAT 405
Section 77 Planning and Environment Act 1987;
Glen Eira Planning Scheme; Neighbourhood Residential Zone; Special
Building Overlay; Two dwellings; Minimal Change; Neighbourhood
Character; Amenity. More...
Petrovski v Banyule CC [2016]
VCAT 409
Section 77 of the Planning and Environment Act
1987; Banyule Planning Scheme; Development of four double
storey dwellings and vegetation removal; General Residential Zone;
Vegetation Protection Overlay; State and Local Policy;
Neighbourhood character; Car parking design; Off-site amenity
impacts; Risk arising from large tree. More...
Buche v Moreland CC [2016]
VCAT 401
Section 82 of the Planning & Environment Act
1987; Moreland Planning Scheme; Medium density housing -
Neighbourhood character (Clauses 22.01, 32.09 & 55). More...
Fallon v Yarra Ranges SC
[2016] VCAT 400
Section 77 of the Planning and Environment Act
1987; Yarra Ranges Planning Scheme; Green Wedge Zone Schedule
2; Bushfire Management Overlay; Erosion Management Overlay;
Significant Landscape Overlay; Bushfire Attack Level; Permit
Condition Requires BAL-40; Request to Amend to BAL-12.5 – 19
or 29; Adequacy of Defendable Space; Management of Adjacent Public
Conservation Reserve; no permit. More...
Owners Corporation PS No. 1 PS 519798G v
May [2016] VCAT 399
Domestic building – application under s75
Victorian Civil and Administrative Act 1998 –
relevant principles – sections 129 and 134 of the
Building Act 1993 – amendment to Points of Claim
after expiry of limitation period – application
refused. More...
Matash Services Pty Ltd v Yarra Ranges
SC [2016] VCAT 397
It is proposed to construct two double-storey dwellings
to the rear of the existing dwelling on the subject land.
Application under section 77 Planning and Environment Act
1987 to review the refusal of the Responsible Authority to
grant a permit. General Residential Zone (Schedule 1). More...
Parker v Moreland CC [2016]
VCAT 396
Application for costs – section 109 Victorian
Civil and Administrative Tribunal Act 1998 – application
to cancel or amend permit under section 89 Planning and
Environment Act 1987 – application refused –
applicant without standing to make claim – nature and
complexity of proceeding – no tenable basis for claim –
whether it is fair to make an award of costs. More...
Casley v Frankston CC [2016]
VCAT 394
Section 77 of the Planning & Environment Act
1987; Frankston Planning Scheme; General Residential Zone;
Boarding house; Location; Amenity impacts; Internal layout.
More...
Ikonomidis Reid v Banyule CC
[2016] VCAT 387
Section 77 of the Planning and Environment Act
1987; Banyule Planning Scheme; General Residential Zone;
neighbourhood character; space for tree planting; building scale;
building height; overlooking; adequacy of private open space;
basement car parking; fencing. More...
Koag v Monash CC [2016] VCAT
386
Section 77 of the Planning and Environment Act
1987; Monash Planning Scheme; Hughesdale Neighbourhood
Activity Centre Partial demolition and three storey redevelopment
of existing commercial/residential building to contain a shop and
three apartment residences; Commercial 1 Zone adjacent
Neighbourhood Residential Zone, Schedule 1 under Heritage Overlay;
Scale of development. Inter-zone impacts, and potential impacts on
adjacent Heritage Overlay residential area; no permit. More...
Hamcourt Pty Ltd v Glen Eira CC
[2016] VCAT 385
Section 80 of the Planning and Environment Act
1987, Glen Eira planning scheme, Conditions review, Visual
bulk, Two storey form, Minimal Change Area Policy, Visual impact of
two storey built form. More...
Durable Design v Maribyrnong CC
[2016] VCAT 384
Section 77 of the Planning and Environment Act
1987, Maribyrnong Planning Scheme, Construction of three
storey building, Activity Centre Zone, Three level building,
Internal amenity, Long continuous form; np permit. More...
Cadox Building Design Pty Ltd v Whitehorse
CC [2016] VCAT 383
Section 77 of the Planning & Environment Act
1987; Whitehorse Planning Scheme; General Residential Zone 1;
Visual Bulk; Neighbourhood Character; Landscaping, Site Coverage;
Walls on Boundary; Private Open Space; Density; no permit. More...
Marra v Frankston CC [2016]
VCAT 382
Section 77 of the Planning and Environment Act
1987, Frankston Planning Scheme; General Residential Zone;
Increased Housing Area, Design Response to Neighbourhood
Character. More...
Christie v Boroondara CC
[2016] VCAT 381
Section 79 of the Planning and Environment Act
1987; Boroondara Planning Scheme; Neighbourhood Residential
Zone; Transitional Provision Applies; Land subject to Inundation
Overlay; Proposed Three Dwellings; Design Response to Neighbourhood
Character and Amenity Impact on Adjoining Dwellings. More...
Hyman v Glen Eira CC [2016]
VCAT 377
Section 80 of the Planning and Environment Act
1987; Glen Eira Planning Scheme; three storey apartment
building; certain planning permit conditions being appealed; some
permit conditions deleted and others modified. More...
Hains v Stonnington CC [2016]
VCAT 380
Section 80 of the Planning and Environment Act
1987, Stonnington Planning Scheme; Amendment to Permit Issued
for Demolition, Buildings and Works on a Lot affected by a Heritage
Overlay. More...
Mercator Developments Pty Ltd v Monash
CC [2016] VCAT 375
Section 77 of the Planning and Environment Act
1987; Monash Planning Scheme; General Residential Zone; two
storey apartment building; visual bulk; amenity; overland
flows. More...
Acav Enterprises Pty Ltd v Bayside CC
[2016] VCAT 374
Section 77 of the Planning & Environment Act
1987; Bayside Planning Scheme; Commercial 1 Zone; Design and
Development Overlay- Schedule 12; Heritage Overlay; Activity
Centres. More...
Dev Raj of Stockwood Design v Greater Dandenong
CC [2016] VCAT 372
Greater Dandenong Planning Scheme; Application under
Section 77 of the Planning and Environment Act 1987
against refusal to grant a permit; Residential Growth Zone –
Schedule 1 (RGZ1); Five double storey dwellings; Neighbourhood
character; Internal amenity; Landscaping adequacy; no permit.
More...
429 Swan Street Pty Ltd v Yarra CC
[2016] VCAT 370
Section 80 of the Planning and Environment Act
1987; Yarra Planning Scheme; Commercial 1 Zone; Design and
Development Overlay; Swan Street Major Activity Centre; Swan Street
Structure Plan; Appeal against conditions relating to height of
street wall of six storey building. More...
Brat Investments Pty Ltd v Melbourne
CC [2016] VCAT 369
Melbourne Planning Scheme, Section 77 Planning and
Environment Act 1987, Commercial 1 Zone, DDO17, DDO19,
Heritage Overlay, HO6, Car parking, Impact on heritage
significance, visual bulk, heritage streetscape, visual impact,
loss of daylight, side setback, equitable development, reduction in
car parking requirements. More...
Georgescu v Glen Eira CC
[2016] VCAT 365
Section 77 Planning and Environment Act 1987,
Glen Eira Planning Scheme, demolition in a Heritage Overlay area,
replacement two storey dwellings. More...
Hometec Industries Pty Ltd v Greater Dandenong
CC [2016] VCAT 363
Section 77 Planning and Environment Act 1987,
Dandenong Planning Scheme, Apartment Building, Residential Growth
Area, Setbacks, off site impacts including bulk to adjoining
neighbours. More...
Galea v Macedon Ranges SC
[2016] VCAT 357
S81(1) of the Planning and Environment Act 1987;
Macedon Ranges Planning Scheme; Farming Zone; Fourth application to
extend a permit to use and develop land for a dwelling; Whether
material change in planning policy; Probability of grant of a new
permit. More...
Shahpoor v Bayside CC [2016] VCAT
356
Section 80 of the Planning and Environment Act 1987; Bayside
Planning Scheme, General Residential Zone (GRZ4); Site Within Major
Activity Centre; Proposed Two Three Storey Attached Dwellings;
Permit Condition Requiring Retention of Two Trees. More...
Ikonomidis Reid v Wyndham CC
[2016] VCAT 352
Section 79 of the Planning and Environment Act 1987; Wyndham
Planning Scheme; General Residential Zone (GRZ1); Proposed Seven
Dwellings; Design Response to Neighbourhood Character and Planning
Policy. More...
Swan Hill RCC v Finch (No. 2)
[2016] VCAT 349
Application under Section 121 of the Planning and Environment Act
1987 for amendment of an enforcement order. Recycling
business. More...
Isola Casa Pty Ltd v Moonee Valley CC [2016]
VCAT 342
Application under Section 77 of the Planning & Environment Act
1987 to review a refusal to grant a permit; Moonee Valley Planning
Scheme; Activity Centre Zone 1; Heritage Overlay HO89; four storey
residential apartments; Moonee Ponds Activity Centre; urban design
and heritage context; amenity; overlooking; traffic and pedestrian
safety. More...
Sanders v Mornington Peninsula SC [2016] VCAT
338
Section 77 of the Planning & Environment Act 1987. Mornington
Peninsula Planning Scheme. General Residential Zone, Schedule 1.
Design and Development Overlay. Vegetation Protection Overlay.
Second dwelling. Neighbourhood character. Amenity impacts; no
permit. More...
Ashkar v Whitehorse CC [2016] VCAT
341
Section 77 of the Planning & Environment Act 1987; Whitehorse
Planning Scheme; Neighbourhood Residential Zone 3; Visual Bulk;
Neighbourhood Character; Landscaping, Vehicle Access, Height,
Overlooking, Design Detail. More...
Walton v Knox CC [2016] VCAT 340
Section 77 of the Planning and Environment Act 1987, Knox Planning
Scheme, Residential Policy, Neighbourhood Character, Landscaping,
Amendment C131, Street setback, Landscaping, Side and rear
setbacks, Overlooking, Open Space, Traffic and carparking. More...
Cunningham v Yarra CC [2016] VCAT
329
Yarra Planning Scheme, Section 82 Planning and Environment Act,
1987, Neighbourhood Residential Zone (Schedule 2), Environmental
Significance Overlay (Schedule 1) neighbourhood character,
vegetation protection, building bulk, views from nearby parkland,
impact on landscape values. More...
New South Wales
Todd Buncombe and Anor v Leichhardt Council
[2016] NSWLEC 1093
DEVELOPMENT APPLICATION: alterations and additions, works to a
cottage in a conservation area, heritage, view impacts from
waterway, excavation, demolition or alterations, resident
objections.
More...
Mercury Resources Pty Ltd v Parramatta City
Council [2016] NSWLEC 1094
DEVELOPMENT APPLICATION: Mixed Use, height development standard,
flooding, amenity, impacts to adjoining properties.
More...
Dickson v Sydney City Council [2016] NSWLEC
1090
DEVELOPMENT APPLICATION: amended plans, whether plans are
consistent with objectives of DCP, streetscape, laneway dwellings.
More...
Friends of Tumblebee Incorporated v ATB Morton Pty
Limited (No 2) [2016] NSWLEC 16
JUDICIAL REVIEW: whether development application required a species
impact statement – whether development proposal likely to
significantly affect a threatened species and/or its habitat
– applicable legal principles - species impact statement
required – development consent set aside.
More...
Water NSW v Faulkner [2016] NSWLEC
17
OFFENCES – prosecution – unlawful transportation and
deposition of waste in catchment area – defendant pleads not
guilty – whether defendant deposited waste in catchment area
– whether deposition of waste by defendant in catchment area
only reasonable conclusion on established facts – not
established that deposition of waste by defendant in catchment area
only reasonable conclusion – finding that reasonable
alternative conclusion open – defendant acquitted
PRACTICE AND PROCEDURE – jurisdiction – whether court
has jurisdiction concerning offences under repealed regulation
– whether court's jurisdiction lost by consequential
amendment of Land and Environment Court Act 1979 – whether s
30(1) of Interpretation Act 1987 preserved court's jurisdiction
– finding that court has jurisdiction PRACTICE AND
PROCEDURE – authority to prosecute – whether prosecutor
has authority to prosecute offence under Protection of the
Environment Operations Act 1997 – prosecutor has authority to
prosecute offences involving "relevant non-scheduled
activities" – whether activity subject of offence a
"relevant non-scheduled activity" – finding
that activity was a "relevant non-scheduled activity"
– finding that prosecutor has authority.
More...
Merrin Developments Pty Ltd v Pittwater Council
[2016] NSWLEC 1080
DEVELIOPMENT APPLICATION: staged subdivision – what
infrastructure should be provided for the Stage 1 and Stage 2
– whether a s94 contribution can be imposed on existing
dwellings.
More...
Body Corporate for Quay Terraces Cts v Brisbane City
Council [2016] QPEC 012
PLANNING & ENVIRONMENT – BODY CORPORATE AND COMMUNITY
MANAGEMENT SCHEME – where body corporate instituted
proceedings without a special resolution – where
co-respondent/developer applied to strike out the appeal –
where body corporate had attained an order of an adjudicator
appointed pursuant to the Body Corporate Community Management Act
which purported to require that it be taken that the body corporate
was authorised to commence the proceeding pending an extraordinary
general meeting called to consider a special resolution to ratify
the proceeding – whether that order was within jurisdiction
or should be given weight in the strike out application –
whether as a matter of discretion the matter should be adjourned to
await the outcome of the EGM. More...
Queensland
Body Corporate for Quay Terraces Cts v Brisbane City
Council [2016] QPEC 012
PLANNING & ENVIRONMENT – BODY CORPORATE AND COMMUNITY
MANAGEMENT SCHEME – where body corporate instituted
proceedings without a special resolution – where
co-respondent/developer applied to strike out the appeal –
where body corporate had attained an order of an adjudicator
appointed pursuant to the Body Corporate Community Management Act
which purported to require that it be taken that the body corporate
was authorised to commence the proceeding pending an extraordinary
general meeting called to consider a special resolution to ratify
the proceeding – whether that order was within jurisdiction
or should be given weight in the strike out application –
whether as a matter of discretion the matter should be adjourned to
await the outcome of the EGM. More...
Mahoney & Ors v Chief Executive, Department of
Transport and Main Roads [2016] QLC 18
General applications – valuation – before and after
method – agreement by the parties
Acquisition of Land Act 1967 - Civil Proceedings Act 2011, s 48;
Uniform Civil Procedure Rules, r 329.
More...
Legislation
Commonwealth
Renewable Energy (Electricity) Amendment (Percentages)
Regulation 2016
This regulation amends the Renewable Energy (Electricity)
Regulations 2001 to specify the LRET Renewable Power Percentage
(RPP) for 2016 and to prescribe the SRES Small-scale Technology
Percentage (STP) for 2016 ( Registered 11 March 2016). More...
Northern Australia Infrastructure Facility Bill
2016
A Bill for an Act to establish the Northern Australia
Infrastructure Facility
(Registered 18 Mar 2016; Introduced HR 17 Mar 2016). More...
Northern Australia Infrastructure Facility
(Consequential Amendments) Bill 2016
A Bill for an Act to deal with consequential matters
arising from the enactment of the Northern Australia Infrastructure
Facility Act 2016 (Registered 18 March 2016; Introduced HR 17 March
2016). More...
Victoria
Acts
No. 7: Kardinia Park Stadium Act 2016
Assent: 1/03/2016 SG (No. 35) 1/3/2016 p. 1 Commencement:
NYP Not yet in operation: Ss 1-49 Commencement: 16/3/2016
(Whole). More...
NSW
Proclamations commencing Acts
Mining and Petroleum Legislation Amendment (Land Access
Arbitration) Act 2015 No 41 (2016-129) — published LW 16
March 2016
State Environmental Planning Policy (Major Development) Amendment
(Greystanes Southern Employment Lands) 2016 (2016-130) —
published LW 16 March 2016
State Environmental Planning Policy (State and Regional
Development) Amendment (Maps) 2016 (2016-140) — published
LW 18 March 2016
State Environmental Planning Policy Amendment (Correctional
Facilities) 2016 (2016-139) — published LW 18 March
2016
Standard Instrument (Local Environmental Plans) Amendment Order
2016 (2016-126) — published LW 11 March 2016
State Environmental Planning Policy Amendment (Permissible Land
Uses) 2016 (2016-127) — published LW 11 March 2016
Bills assented to
Transport Administration Amendment (Authority to Close
Railway Lines) Act 2016 No 3 — Assented to 16 March 2016 See
Transport Administration Amendment (Authority to Close Railway
Lines) Bill 2016
For the full text of Bills, and details on the passage of
Bills, see Bills.
Queensland
Bills
Vegetation
Management (Reinstatement) and Other Legislation Amendment Bill
2016
Introduced on 17/03/2016
Mineral Resources (Aurukun Bauxite Resource) Amendment Bill
2016
Introduced on 16/02/2016
Stage reached: Passed with
amendment on 15/03/2016
Environmental Protection (Chain of Responsibility) Amendment Bill
2016
Introduced on 15/03/2016
Stage reached: Referred to Committee on 15/03/2016
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.
