In the media
Commonwealth
How to leverage our planning systems to address climate
change
Senior policy and campaign officer at the PIA, Audrey
Marsh, provides a step by step guide for how to overhaul planning
systems across various levels and jurisdictions in Australia to
help solve the climate crisis (13 July 2021). More...
Victoria
Japanese telco giant plans 1500-home Melbourne
estate
Yourland will develop the Donnybrook Road site, which has
the capacity for 1500 homes across 1250 lots, with Nippon acting as
its capital partner. The site is in a new 110ha suburb that is part
of the already approved Donnybrook Woodstock Precinct Structure
Plan(23 July 2021). More...
New guide for managing climate-change risks
The Victorian Managed Insurance Authority has released a
guide for Victorian Government organisations outlining minimum
requirements for managing climate-change risks (22 July 2021). More...
Recycling projects to support businesses and create
jobs
Used coffee grounds equivalent to six million lattes will
be composted into Victorian gardens as the Andrews Labor Government
boosts funding for new and innovative projects to divert food waste
from landfill (15 July 2021). More...
Research shows CBD economy will bounce back
New research by Deloitte Access Economics shows
Melbourne's CBD economy will grow by $6 billion in 2021 and is
on-track to return to pre-COVID levels by late 2024 (12 July 2021).
More...
Queensland
Student tower planned for historic Brisbane site
Brisbane's Lee family is pursuing a 180-unit purpose
built student accommodation project in Brisbane's Fortitude
Valley, switching from its plan to sell the heritage-listed site
occupied by the Waltons, Overells and Lincoln Mills buildings (23
July 2021). More...
Businesses urge early insight into historic 4000-day
games project pipeline
With an historic 11-year head start, economic and tourism
experts have also warned more immediate benefits flowing from the
Brisbane 2032 announcement would likely be from publicity alone (23
July 2021). More...
What the games means for Brisbane's property
market
With the newly-announced Brisbane Olympic Games some 11
years away, the flow-on effects are likely to be gradual and
centred around significant infrastructure upgrades and the
associated medium-term uplift in jobs and longer-term improvements
in transport efficiency (21 July 2021). More...
Gold Coast to host giant eco-parkland
The Department of State Development, Infrastructure, Local
Government and Planning has begun the process to compulsorily
acquire 148 hectares of land on the Southern Gold Coast. The
Department said the acquisition would create the Currumbin
Eco-Parkland, one of the largest eco-parklands in Australia (20
July 2021). More...
Office tower approved for Brisbane's north
quarter
Charter Hall will have its pick of two development
applications for 309 North Quay after both were approved by the
Brisbane City Council. The Blight Rayner Architecture-designed
developments are 6-star Green Star towers that would reportedly be
"Brisbane's most externally sun-shaded commercial
building". (19 July 2021). More...
Wildlife 'win' as government moves to take
Currumbin land from developers
After decades of debate and failed negotiations, the state
government says it will compulsorily acquire 148 hectares of
commercially owned Gold Coast land to protect flora and fauna (17
July 2021). More...
Native title recognised for Wangkamahdla people
A native title determination will "change the
lives" of traditional owners the Wangkamahdla People in
central west Queensland (15 July 2021). More...
Recycling to become a boom industry in Queensland
Queensland is set to scale up its waste recycling
infrastructure with an $80 million combined investment that will
scale up, transform, and grow the state's waste and recycling
industries (13 July 2021). More...
In Practice and Courts
Victoria
Designated bushfire prone areas (BPA) map updated
On 6 July 2021, BPA Review 18 updated the mapping in 15
municipalities. The Planning Property Report and VicPlan reflect
the changes. The next review is now open from 08 July 2021. More...
Bellarine Peninsula distinctive area and landscape:
Draft statement of planning policy
DELWP invites written submissions on the Draft Bellarine Peninsula Statement of Planning
Policy. The draft SPP has been prepared by DELWP in
collaboration with Traditional Owners the Wadawurrung, the Borough
of Queenscliffe, the City of Greater Geelong and relevant
government agencies. The draft SPP will guide the future of land
use and development on the Bellarine Peninsula for the next 50
years. For further information please visit Engage Victoria. Submissions must be lodged by
20 August 2021.
Queensland
Proposed citywide amendment to Brisbane City Plan 2014
(amendment K)
Brisbane City Council is now seeking public consultation
on proposed changes to Brisbane City Plan 2014 – Major Amendment
package K. Public consultation is still underway to provide
comment on the Our Productive City Brisbane's Industrial
Future. Consultation is open until 16 August 2021
DAMS and SPP IMS updates
21 July 2021 – aquaculture development areas
Update the State Planning Policy (SPP) Interactive
Mapping System to include two additional Aquaculture Development
Areas in the Hinchinbrook Shire region. The ADAs are an
'information' layer only under the SPP IMS (non-regulatory)
SPP IMS. More...
Cases
Queensland
CSR SPV 1 Pty Ltd & Anor v Brisbane
City Council [2021] QPEC
35
PLANNING AND ENVIRONMENT – APPEAL –
application for reconfiguring a lot (1 lot into 3 lots) –
whether proposed lots too narrow. Planning Act 2016 Qld ss 45 and
60; Planning and Environment Court Act 2016 Qld ss 43, 45 and 46.
Building Act 1975 Qld s 33.
Dunland Property Pty Ltd v Brisbane
City Council [2021] QPEC
34
PLANNING AND ENVIRONMENT – APPEAL – appeal
against a refusal of a change application to a preliminary approval
– where the change application sought to include a condition
of approval that specifies the minimum rate of on-site carparking
for multiple dwelling use – where the effect would be to
specify rates of on-site carparking corresponding with those that
previously applied under the Transport, Access, Parking and
Servicing Policy (TAPS Policy) at the time when the preliminary
approval was granted and also at the time the change application
was made and decided – where those rates have subsequently
changed to higher rates – whether the proposed change is of a
kind that can be considered – whether the change is a minor
change because it would not result in substantially different
development – whether the change removes an integral
component of the development – whether the change ought be
granted in the exercise of discretion – where the traffic
engineering evidence called by the respondent did not consider the
merits of the proposed on-site carparking provision – where
the traffic engineering evidence called by the appellant was to the
effect that the proposed rates would be sufficient in the
circumstances – whether fairness requires the holder of a
preliminary approval to be protected from subsequent changes to
development standards – whether the rights of submitters
would be unduly compromised – whether the appellant ought be
left to justify its proposed on-site provision when it applies for
later approvals – where change justified on its merits
Planning Act 2016 Qld ss 49, 53, 78, 81A, 286, sch 2; Planning and
Environment Court Act 2016 Qld ss 43, 45, 47
Sustainable Planning Act 2009 Qld.
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.