In the media
PFAS class actions over groundwater contaminated by
toxic firefighting foam settled by Federal Government
An "in-principle" settlement has been reached
between the Australian Government and residents of three
communities who had their groundwater contaminated by toxic
firefighting foams used at defence bases until the early 2000s (27
February 2020).
More...
Accelerated global warming constitutes a climate
emergency: PIA
The Planning Institute of Australia (PIA)
has declared a "climate emergency", saying communities
need help to ensure their aspirations for meaningful climate change
adaption and mitigation strategies are met (05 March 2020).
More...
Federal government settles years-long PFAS contamination
class actions
An 'in-principle' agreement has been reached
between the Defence Department and residents of three towns in
Queensland, New South Wales and the Northern Territory (27 February
2020).
More...
NSW
$24 Million to get organics out of landfill
The NSW Government will provide $24 million funding to
support local councils and the alternative waste industry improve
kerbside separation of food and garden waste and encourage other
better uses of waste (05 March 2020).
More...
Planning changes for bushfire-affected communities
Small businesses in bushfire-affected communities will be
able to operate from portable offices without council approval,
under the latest bushfire recovery initiative from the NSW
Government (05 March 2020).
More...
Plans for high towers dwarfing Sydney's Central
station spark concerns
A high rise for tech giant Atlassian will be among the
first buildings to be constructed at the southern end of the CBD as
part of a massive redevelopment (05 March 2020).
More...
Stamp duty relief for bushfire-affected homeowners
NSW Government will provide stamp duty relief for people
who lost their homes during the bushfires and who choose to
purchase a replacement home elsewhere rather than rebuild (03 March
2020).
More...
Exhibition Extended for Western Harbour Tunnel and
Warringah Freeway Upgrade Project
The community has more time to have its say on the
proposed Western Harbour Tunnel and Warringah Freeway Upgrade
Project with the Department of Planning, Industry and Environment
extending the consultation period until 30 March 2020 (02 March
2020).
More...
Levy for developers tripled on new buildings in
Sydney's CBD
Developers and business will be slugged with the proposed
3 per cent levy, part of the biggest shake up of planning controls
in the core of the CBD in more than four decades (25 February
2020).
More...
Queensland
Brisbane's Top 10 Major Development Projects
With $20 billion worth of development projects in its
pipeline, Brisbane is fast becoming a city of mega projects.
Sizeable residential masterplans and commercial precincts have
added to the city's burgeoning development pipeline, with
strong population growth continuing to unlock development
opportunities (06 March 2020).
More...
Linc Energy's former executives committed to stand
trial over failed coal gasification plant
Five executives who were in charge of Linc Energy's
experimental coal gasification plant on Queensland's Western
Downs have been committed to stand trial over their handling of the
failed operation (05 March 2020).
More...
Qld Government puts a lid on mountain water
No new groundwater bores can be constructed on Mount
Tamborine and Springbrook for at least a year – except for
farming and household use – while further research and more
community engagement about water needs are prioritised. From 6
March, a 12-month moratorium is in place preventing new bores in
the two areas (05 March 2020).
More...
PCA: Thirteen ways to energise Queensland's
Economy
The Property Council has provided its 2020-2021 Pre-Budget
submission to Queensland Treasury, suggesting measures the
government can take to boost Queensland's economy (28 February
2020).
More...
Developer Aland Wins Approval for Four Towers in
Southport
Sydney developer Aland will build four towers in Southport
after gaining approval from the Gold Coast City Council. Only one
submission was made against the proposal relating to traffic
impacts for access to a neighbouring property (26 February 2020).
More...
Court approves Brisbane townhouse development despite
council rejection
A 23-townhouse development on Brisbane's southside has
received the green light from the state's Planning and
Environment Court, despite council originally rejecting the
proposal which removed provisions allowing for multiple dwellings
in the low-density residential zone (25 February 2020).
More...
In practice and courts
The Threatened Species Scientific Committee 10-point
Bushfire Response Plan
The Threatened Species Scientific Committee has released
its Bushfire Response Plan which was approved by the Minister for
the Environment, the Hon Sussan Ley MP (02 March 2020).
More...
Extension to submissions for EPBC Act review -
Statement
Acknowledging that the bushfires are the focus of many of
the review's stakeholders, it is appropriate to extend the
timeframe for providing submissions. I am keen for every interested
stakeholder to have their say about the EPBC Act and how it
operates. Submissions are now due by close of business 17 April
2020.
More...
New NatHERS certificate to be rolled out by 30 April
2020
A new NatHERS certificate will soon come into use as
software tools transition to Chenath Engine version 3.21. The new
NatHERS certificate has been developed after significant
consultation with industry users and will replace the previous
"universal certificate" for all new assessments from 1
May 2020.
More...
Planning for welcoming and inclusive communities:
guidelines for regional growth
John van Kooy, Rebecca Wickes, Aleem Ali; Government of
Queensland: Regional migration can stimulate economic growth and
revitalise communities, while offering new migrants opportunities
to integrate into Australian society. These guidelines are designed
to help regional and remote communities — in partnership with
service providers, development authorities and the three tiers of
government — to attract, retain and support migrants (04
March 2020). More...
NSW
NSW Planning Department: Have your say - Draft plans and policies
Policies
State and Regional Development SEPP - Water Treatment
Plants
NSW Planning Portal
Notification start-end date 02/03/2020 - 16/03/2020.
More...
Koala Habitat Protection Guideline
NSW Planning Portal
Notification start-end date 02/03/2020 - 16/03/2020.
More...
Plans
Western Sydney Aerotropolis Planning Package
NSW Planning Portal
Notification start-end date 06/12/2019 - 13/03/2020.
More...
Queensland
North Queensland Regional Plan
The first
North Queensland Regional Plan has been finalised and will come
into effect in March 2020. You can read an
overview of the plan which includes five initial catalytic
projects that have also been identified including renewable
hydrogen, defence, agribusiness, advanced manufacturing and
tourism. The region includes five local government areas: Burdekin,
Charters Towers, Hinchinbrook, Palm Island and Townsville (February
2020).
Brisbane City Council: Draft Central Park
Masterplan
The draft plan is now out for public consultation
following the release of
five creative concepts from architecture and planning firms
last year. The Victoria Park concept plan is now open to the public
until April 28 on the Brisbane City Council's website.
Applications open for Queensland carbon farming
projects
Applications are now open under the
2020 Investment Round of the
Land Restoration Fund. This year, the Queensland Government is
investing $100 million for carbon farming projects that deliver
extra benefits for our environment, threatened species and regional
communities. Applications for the 2020 Investment Round are now
open and close 15 April 2020.
Cases
NSW
Omaya Investments Pty Limited v Dean Street Holdings
Pty Limited (No 5) [2020] NSWLEC 9
ENVIRONMENT AND PLANNING – construction of
development consents and construction certificates –
development without development consent – scope and purpose
of statutory regime – over excavation of subject site –
validity of construction certificates – whether construction
certificate was validly modified – whether development was
carried out otherwise than in accordance with the construction
certificate – development without consent – public
notification of voluntary planning agreement – occupation
certificates – discretion and relief
Younes v Ku-ring-gai Council
[2020] NSWLEC 1093
APPEAL – development application – seniors
living – whether adequate written evidence of compliance with
requirements for access to facilities and services – bus
service not available on weekends – whether cl 4.6 request
adequate – whether consistent with objectives – issues
of site compatibility
Smith v Waddingham [2020] NSWLEC
1089
TREES (DISPUTES BETWEEN NEIGHBOURS): dropping
branches; roof damage; apprehension of injury
Cox v Newcastle City Council
[2020] NSWLEC 1081
MODIFICATION APPLICATION – Heritage Item –
whether the works have a detrimental impact on the significance of
the heritage item – appeal dismissed
Gardiner v Central Coast Council
[2020] NSWLEC 1077
DEVELOPMENT APPLICATION — subdivision –
flood affected land – whether there is a safe evacuation
route – satisfaction of precondition to consent –
whether the creation of an easement for evacuation is
warranted.
Queensland
Taylor & Anor v Brisbane City Council
[2020] QPEC 5
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of proposed demolition of a timber and tin dwelling
in the Traditional building character overlay in City Plan 2014
– whether the demolition will result in the loss of
traditional building character – whether the demolition
complies with the Traditional building character (demolition)
overlay code in City Plan 2014. Planning Act 2016 Qld ss 45 and 60;
Planning and Environment Court Act 2016 Qld s 45
JRD No 2 Pty Ltd v Brisbane City Council &
Ors [2020] QPEC 4
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a development application seeking a development
permit for material change of use for a retirement facility in a
Low density residential zone – whether the proposed
development is of an appropriate height – whether there is
inconsistency between a zone code and neighbourhood plan code and,
if so, which prevails – whether there is conflict occasioned
by bulk, scale, form and intensity – whether there is a need
for the proposed development
Planning Act 2016 Qld s 45, s 59, s 60; Planning and Environment
Court Act 2016 Qld s 43, s 45, s 47
YQ Property Pty Ltd v Brisbane City Council &
Ors [2020] QPEC 2
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a development application for multiple dwellings
in the low density residential zone
ASSESSMENT – compliance with the planning scheme –
whether the proposed development complies with the planning scheme
– whether there are relevant matters which justify approval
– weight to be given to amendments and prospective amendments
of the planning scheme Planning Act 2016 Qld; Planning and
Environment Court Act 2016 Qld
Legislation
NSW
Regulations
Environmental Planning and Assessment Amendment (Planning for Bush
Fire Protection) Regulation 2020
(2020-64) — published LW 28 February 2020
Plantations and Reafforestation (Code) Amendment (Planning for Bush
Fire Protection) Regulation 2020
(2020-65) — published LW 28 February 2020
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Bush Fire Response) (No 2) 2020
(2020-70) — published LW 28 February 2020
State
Environmental Planning Policy Amendment (Planning for Bush Fire
Protection) 2020
(2020-69) — published LW 28 February 2020
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.
