In the media
Lack of alignment in local/state planning strategies
"needs fixing"
Local and state planning policies need to be better
aligned if city or state-wide development objectives like housing
supply targets are to be realised. In a new information paper on
short-term planning and zoning policy reform options, the
Productivity Commission also canvasses "more flexible and
adaptive land-use regulation" (12 March 2021).
More...
"Exhausted" councils sign joint plea for
urgent federal help to cover disaster clean-up costs
Mayors and councillors from disaster-affected regions of
New South Wales and Queensland fear the cost of cleaning up after
frequent natural disasters is not financially sustainable and are
seeking urgent federal government help (04 March 2021).
More...
"Never waste a crisis" – coming back
from COVID
Lord Mayors have expressed confidence their cities are
well placed to bounce back from COVID. Many regional councils had
already strengthened relationships with their city counterparts
pre-pandemic as a result of bushfire responses, and the mayors
predicted more of the same in the wake of COVID (04 March 2021).
More...
New projects added to infrastructure priority list
The latest infrastructure priority list contains 180
projects representing $59 billion worth of nationally significant
investment. Australia's independent infrastructure advisory
body has added 44 new projects to its priority list, including
initiatives in water security, digital connectivity, social housing
and hydrogen (01 March 2021).
More...
Queensland
Queensland councils welcome ban on single-use plastic
items
Local Government Association of Queensland President and
Sunshine Coast Council Mayor Mark Jamieson said the ban –
which will apply from September 1 – was a great environmental
outcome for Queensland (11 March 2021).
More...
Flood warning infrastructure network in Queensland gets
millions for upgrade
Queensland's north and north-west will have 171 new
flood warning devices installed after funding was secured in
response to the devastating 2019 floods. North-West Queensland
Regional Organisation of Councils executive officer Greg Hoffman
said the money would be used to install a combination of cameras,
gauges and signage (11 March 2021).
More...
"Careful what you wish for:" Deputy
mayor's warning for Boggo Rd opponents
Brisbane City Council has raised the spectre of a state
government-approved five-storey development next to the historic
prison (10 March 2021).
More...
Toowoomba Regional Council "deeply concerned"
by bullying and sexual harassment claims
More than 300 staff at Toowoomba Regional Council reported
being bullied last year, but only a fraction of those complaints
were formally reported (09 March 2021).
More...
Council approves Boggo Road Gaol plans as opponents vow
court fight
Developer Stockwell first lodged plans for the land beside
the notorious and heritage-listed site in 2019 to
"activate" the space after an earlier proposal was
scrapped (08 March 2021).
More...
The trade-off: Developers can go up if we get a better
deal on the ground
Four Brisbane projects are case studies where giving the
developers some flexibility has produced – or promised to
produce – a public benefit. Let's have a cautious look
(07 March 2021).
More...
New $600,000 CEO committed misconduct in former role,
according to state government investigation
The man chosen for the $600,000 job of running Gold Coast
City Council was earlier found to have misused government resources
and other misconduct in a state government investigation (05 March
2021).
More...
Brisbane City Council development applications flooded
with public submissions that may not be properly
made
Development applications lodged with Brisbane City Council
are being flooded with proforma submissions in a bid to sway the
council's decision to approve or reject applications, but
submitters may be wasting their time (04 March 2021).
More...
In practice and courts
First National Plastics Plan released
The Australian Government has released a national strategy
to change the way plastics are produced and consumed. The
National Plastics Plan outlines the government's approach
to increase plastic recycling, find alternatives to unnecessary
plastics and reduce the impact of plastic on the environment (03
March 2021).
Requirements on local governments
From 10 March 2021, all local governments must notify the
Minister for Foreign Affairs of a proposal to enter or negotiate a
foreign arrangement. If the arrangement is entered into, the
Minister must also be notified about the arrangement within 14
days. The Act requires all local governments to provide a
comprehensive list of all their existing foreign arrangements
(including non-binding arrangements) to the Department of Foreign
Affairs and Trade (DFAT) by 10 June 2021.
Registration of an arrangement is made via DFAT's online portal
accessible here.
You can find more information on the Scheme and the arrangements to
which it applies on the DFAT
website.
Cases
Queensland
Ahwang
& Anor v Slatcher [2021] QDC
40
ABORIGINALS – NATIVE TITLE TO LAND – rights
and interests under traditional laws and customs – whether
section 211 of the Native Title Act 2003 (Cth) applied –
whether Native Title rights arose under than under the Act.
CRIMINAL LAW – DEFENCE – HONEST CLAIM OF RIGHT –
TRADITIONAL ABORIGINAL HUNTING PRACTICES – whether defence
under s 211 of the Native Title Act 2003 (Cth) available –
whether defence of honest claim of right was available at trial
– whether defence disproved by the prosecution.
Criminal Code 1899 Qld ss 1, 22; Justices Act 1886 Qld ss 43A, 222,
223, 225; Native Title Act 2003 Cth ss 211, 223, 224; Nature
Conservation Act 1992 Qld ss 88, 160, 167.
Dreamline
Development Corporation Pty Ltd v Brisbane City Council &
Ors [2021] QPEC 13
PLANNING AND ENVIRONMENT – APPEAL –
DEVELOPMENT APPLICATION – where the Council refused an
application to develop land for multiple dwellings – where
the land was in the low density residential zone – where the
land had an area of 8,910 square metres – where the Council
conceded that the proposed development does not create any adverse
amenity or character consequences for the surrounding area –
where the Council conceded that the development does not create any
internal amenity issues or traffic issues that warrant its refusal
– whether the proposed development was of a house scale
– whether the proposed development was low density
–whether the proposed development will deliver appropriately
located infill development that furthers the planning goals in city
plan – whether the proposed development should be approved in
the exercise of the planning discretion.
Planning Act 2016 Qld ss 45, 59, 60; Planning and Environment Court
Act 2016 Qld ss 43, 45, 47; Planning Regulation 2017 Qld s 31.
Wormell
Pty Ltd v Gold Coast City Council & Anor
[2021] QPEC 12
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING
– DEVELOPMENT CONTROL – CONSENTS, APPROVALS, PERMITS
AND AGREEMENTS – MODIFICATIONS – GENERALLY –
where the appeal concerns an approval of an application for a
material change of use from warehouse to indoor recreation –
whether the plan is inconsistent with an existing development
condition – whether the proposed development plan is
prohibited by previous development plan – where the appellant
submits that an earlier development approval is binding –
where the respondents submit that the proposed development is
independent of the regulated use under the earlier development
approval – where it was found that the proposed development
is not prohibited.
Planning Act 2016 Qld s 66(2), s 73.
Pelican
Noosa Pty Ltd v Noosa Council [2021] QPEC
11
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL
– CONTROL OF PARTICULAR MATTERS – GENERALLY –
where the appellant was successful in an application to extend a
jetty – where the jetty was constructed longer than permitted
and contrary to a setback – where the appellant submitted a
change application following – where the respondent refused
the change application – whether the change application was
for a minor change – whether the change should be made.
Noosa Plan 2006 Qld; Noosa Plan 2020 Qld; Planning Act 2016 Qld s
45, s 60, s 63, s 68, s 81, s 81A.
Planning and Environment Court Act 2016 Qld s 43, s 45, s 46.
Traspunt
No. 14 Pty Ltd v Moreton Bay Regional Council
[2021] QPEC 4
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF
DEVELOPMENT APPLICATION – where proposed development involved
largescale residential development.
WHERE PROPOSED DEVELOPMENT RAISED NUMEROUS ISSUES – where
proposed development did not comply with provisions of the planning
scheme concerning ecology – where proposed development raised
issues in respect of koala habitat – removal of trees –
transport – civil engineering – stormwater.
CONFLICT WITH PLANNING SCHEME – whether proposed development
complied with provisions of relevant planning scheme –
whether proposed development was out of step with strategic
objectives of planning scheme – whether proposed development
would result in out of sequence development.
TOWN PLANNING – whether proposed development would result in
developable or developed lots.
Planning Act 2016 Qld ss 45, 60; Planning and Environment Court Act
2016 Qld ss 43, 45.
Sustainable Planning Act 2009 Qld s 326.
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.
