What's News

Buildings to get energy efficiency tick
24 June 2010
Federal Parliament has passed new laws today which mean from July 1 anyone leasing or buying a property in a commercial building must be provided with a current energy efficiency certificate. Energy Efficiency Council chief executive Rob Murray Leach says it is one of the most important pieces of environmental legislation in Australia because it puts power in the hands of consumers. More...

New Requirements for Installing solar photovoltaic (PV) panels
21 June 2010
The Government has announced that companies seeking to install solar photovoltaic (PV) panels under the Government’s Renewable Energy Target will be subject to tougher safety, licensing and compliance requirements from today. To be eligible for Renewable Energy Certificates (RECs), installations must now comply with state and territory regulations for siting solar panels and building codes, including for panel mountings and connection. More...

Water price charges to rise after overhaul
15 June 2010
Infrastructure Australia will propose an overhaul of the way states charge for water, a move that could result in higher prices, in a landmark report on urban water to be released shortly. More...

Authority takes its time on Murray-Darling plan
25 June 2010
The release of the much-anticipated new Murray-Darling basin plan is now expected in August. The plan will set new limits on how much of the basin’s water can be used for production and urban supplies, and is being tipped to substantially cut entitlements. More...

Commonwealth funding for constitutional reform
15 June 2010
The Federal Government has reaffirmed its support for constitutional recognition of local government, announcing a funding commitment of $250,000 towards the campaign. More...

New Expert panel to review capital city planning
18 June 2010
Capital city strategic planning systems will be reviewed by a new expert panel, Prime Minister Kevin Rudd has announced. The panel will support the COAG Reform Council in its review of planning systems to ensure they meet the agreed national criteria for productivity, sustainability and liveability. Capital city strategic planning systems are expected to be in place by 2012. More...

High-rise developments may be forced through
17 June 2010
Councils have accused the states of examining a radical planning overhaul that would allow “tick and flick” high-rise unit developments and override community objections as part of moves to ease the affordable housing shortage, with the ALGA examining reforms to multi-unit development assessments. More...

Barwon-Darling irrigators receive a reprieve
24 June 2010
Member for Barwon Kevin Humphries says irrigators on the Barwon-Darling River system have been given a 12 month reprieve from controversial cuts to their water allocations. More...

Settlement looms on Multiplex class action
17 June 2010
A Settlement for a $300 million class action claim linked to the Multiplex Group’s troublesome Wembley Stadium project will be approved by a Federal Court judge in Melbourne next month. More...

Water price charges to rise after overhaul
15 June 2010
Infrastructure Australia will propose an overhaul of the way states charge for water, a move that could result in higher prices, in a landmark report on urban water to be released shortly. More...

Commonwealth funding for constitutional reform
15 June 2010
The Federal Government has reaffirmed its support for constitutional recognition of local government, announcing a funding commitment of $250,000 towards the campaign. More...

100pc green energy possible by 2020: report
22 June 2010
A Melbourne University report says all of Australia’s energy could come from renewable sources by 2020 as opposed to the Federal Government’s target of 20 per cent. More...

Dwellings for low paid ‘uninhabitable’
27 June 2010
Many privately owned rental properties targeting low-income earners in Melbourne and Geelong are unsafe or uninhabitable, a Victorian Council of Social Service report has found. A third of the properties surveyed had no electrical safety switch, one in five had significant mould problems and one in 10 had no heating. More...

A battle that’s far from black and white
27 June 2010
After a long and divisive battle, 150,000 hectares of new national park and reserve will be declared along the Murray in northern Victoria. The Barmah State Forest, the southern section of Australia’s biggest red gum forest- described by some as the ‘’Kakadu of the south’’ - will become one of four new national parks and will be jointly managed by its Aboriginal traditional owners. More...

1 July brings in generous first home bonus and tax cuts
25 June 2010
Victorians buying their first home from 1 July will have access to the most generous first home bonuses in Australia – worth up to $20,000 for newly constructed homes in Melbourne and $26,500 in regional Victoria. Mr Lenders said the generous first home bonuses will help our construction industry stay strong, creating thousands of jobs for Victorian builders, plumbers, electricians, carpenters and other trades people. More...

Live music threatened by limits to Vineyard
27 June 2010
Live music in Melbourne faces another threat, with St Kilda venue The Vineyard likely to have its capacity slashed and lease contested. Port Phillip Council will vote on a proposal to open to tender the lease on the Acland Street venue and to reduce the number of patrons inside to 100. More...

$1.35 million link to ease Warragul heavy vehicle traffic
24 June 2010
In Gippsland to brief key community stakeholders on the $631 million Ready for Tomorrow: A Blueprint for Regional and Rural Victoria, Regional and Rural Development Minister Jacinta Allan said the Brumby Labor Government would contribute $675,000 from the Regional Infrastructure Development Fund towards the $1.35 million Hazel Drive Industrial Estates Transport Linkages project. More...

Victoria shines in retail property sales
23 June 2010
Retail property sales have dramatically rebounded in 2009-10, with Victoria leading the pack, according to property researcher Landmark White. This financial year, $666 million of property changed hands in Victoria - compared with the previous year’s $250 million. More...

Bore survey to help water management
22 June 2010
Southern Rural Water is surveying its customers in Victoria’s far south-west to find out how they are using water bores. The water corporation wants to know whether landholders have domestic or stock bores and what the quality is like. More...

Landcare gets funding boost
21 June 2010
The Victorian Government has announced a $9.19 million boost to the Landcare program over the next four years. The funds will help retain Landcare co-ordinator roles which have been threatened by recent Federal Government funding cuts. More...

A New chapter in Victoria’s geothermal energy industry
22 June 2010
An industry body designed to promote geothermal energy in Victoria has been launched by Energy and Resources Minister Peter Batchelor. The Victorian chapter of the Australian Geothermal Energy Association would strengthen the promising geothermal energy work already underway across the state. More...

Landmark civil justice reforms to change court culture
21 June 2010
Time limits on talkative barristers, new standards of conduct to stop game-playing, and requirements on parties to try and resolve disputes before going to court are among Brumby Labor Government reforms that aim to redress the balance in civil court proceedings. More...

Premier announces major upgrades for Westsale and Bairnsdale aerodromes
18 June 2010
Two Gippsland aerodromes will receive a major $5.2 million boost from the Victorian Government to create new opportunities for tourism, freight, and emergency services provision in the region, the Premier, John Brumby announced today, to modernise and redevelop the airports to bring them up to current aviation standards. More...

Port of Geelong an economic boon for Victoria
18 June 2010
Trade through the Port of Geelong is set to triple by 2030, providing a $220 million boost for the local economy and the state of Victoria, Roads and Ports Minister Tim Pallas has announced. Expected increased trade will create a need for construction and upgrade of port facilities and the movement of additional cargo. More...

Transforming Victoria’s energy future – Batchelor
18 June 2010
The Brumby Labor Government has released a discussion paper setting the scene for how Victoria will cut greenhouse gas emissions, switch to more renewable energy supplies and create a climate change economy over the next decade and beyond. The landmark Climate Change White Paper and related legislation will set out a new strategy for how Victoria will respond to this defining challenge. More... More...

Planning boost for cycling as federation trail on track
17 June 2010
The Government has announced new amendments to the Victorian planning provisions will improve the safety and ease of travel for cyclists across the state, ensuring that bike networks are built into local communities now and into the future. More...

Politics should leave planning
16 June 2010
The ramifications of the state government’s disastrous foray into land swap deals with developers continue to spread. Swapping land in one place (to become a conservation area or national park) in return for development approval on land somewhere else always sounded risky. When the process is complicated by donations from developers to the ALP, as it has been in the past, it is deeply compromised. More...

Ready for tomorrow: $71.4 million roads and bus boost to keep communities connected
15 June 2010
A $71.4 million investment for roads infrastructure and bus improvements to better connect people living in regional and rural Victoria is a major part of the Victorian Government’s $631 million Ready For Tomorrow: A Blueprint for Regional and Rural Victoria. This package will support improvements to regional road connections as well as assisting local government upgrades to local roads. More...

New South Wales

Government Approves Planning Future for Wingecarribee
18 June 2010
The NSW Government has approved a new council-wide planning regime to support the housing and employment needs of local residents in Wingecarribee Shire whilst protecting the area’s distinct rural character. “The LEP reinforces the role of Bowral, Mittagong and Moss Vale as the Shire’s commercial centres. More...

Councils welcome community infrastructure funding
18 June 2010
The Local Government and Shires Associations of NSW have welcomed today’s Federal Government announcement of $100 million towards the Regional and Local Community Infrastructure Program (RLCIP). Cr McCaffery said the funds would assist NSW councils ease the current $6 billion infrastructure backlog. More...

Councils band together to fight changes to developer contributions
16 June 2010
Mayors and General Managers from across NSW met with the Local Government and Shires Associations of NSW in Canberra to express their anger with changes to developer contribution provisions. The new policy, which places an absolute cap on development contributions and prohibits councils from levying for general community infrastructure, will unnecessarily strip Local Government of hundreds of millions of dollars. More...

Revolt against $20,000 developer levy cap
15 June 2010
The removal of rate pegging from political control has followed with the outcry over the imposition of a $20,000-per-dwelling cap on developer levies by several large-growth councils. IPART will also hear applications from councils for variations above the rate cap, including applications to increase rates to pay for infrastructure not covered by developer levies and will establish a “local government cost index” against which it will compare applications for special rate variations. More...

Queensland

Queensland gas project gets environmental go ahead
25 June 2010
Queensland is a step closer to a new natural gas industry after the Curtis LNG project received state environmental approval. It comes with strict conditions on project owner Queensland Gas, including the provision of affordable housing for Gladstone and the The Western Downs. The Curtis LNG projects still has to gain Commonwealth environmental approvals and a final investment decision. More...

Senate overrides Wild Rivers laws
23 June 2010
The Senate has passed a Federal Opposition bill to override Queensland’s Wild Rivers legislation. Federal Opposition Leader Tony Abbott’s private member’s bill to throw out the legislation which aims to protect river systems in Cape York and elsewhere in Queensland was passed late last night in Canberra. More...

Native title recognition for Gangalidda and Garawa
23 June 2010
At a Federal Court hearing in Burketown, two consent determinations have been made over parts of the Gangalidda and Garawa Peoples’ two native title claims, recognising their exclusive native title rights over 1,860sq km of an Aboriginal Land Trust area and their non-exclusive rights over 3,950sq km of predominantly pastoral leases. More...

Yeerongpilly TOD shifts into high gear
21 June 2010
The appointed consortium comprising 15 separate professional companies and led by design consultants Deicke Richards will begin planning for a joint State Government and Brisbane City Council transit-oriented development (TOD) at Yeerongpilly. Community consultation is set to begin in July, giving residents an opportunity to learn about the development and get involved in the planning process and a plan is expected by early 2011. More...

Iconic Places laws need demolition
17 June 2010
Laws were passed in 2008 to protect the character of Noosa, Port Douglas, the Blackall Ranges and the Capricorn Coast following the amalgamation of regional councils into larger local government areas. The approval of a multi-million dollar development in central Queensland has sparked renewed calls for the state government to put the wrecking ball through its Iconic Places legislation. More...

Sunshine Coast Regional Council structure plans granted extended time
16 June 2010
The State Government has granted the Sunshine Coast Regional Council (SCRC) an additional 30 business days to process public submissions on structure plans for Caloundra South, Palmview and Maroochydore. The Sustainable Planning Act ensures regional and local plans allocate land for houses, jobs and protection of major environmental assets. More...

Articles

National

State of the Regions Report (SOR) 2010-2011
Author: National Economics, June 2010
The 2010-11 SOR analyses the issues surrounding housing supply and how these issues have impacted both on the SOR zones and the 65 SOR regions themselves. Construction activity across the zone types and regions is presented.

Partition preferred to sale
Source: Australian Law Journal, 2010, Vol 84, No 5, May, pp292

Rights under easement p292
Source: Australian Law Journal, 2010, Vol 84, No 5, May, pp292

Renewable energy investment opportunities and abatement in Australia
Author: Bloomberg New Energy Finance (Firm), Climate Institute (Australia), 2010, pp10
Renewable energy; Clean energy; Foreign investment; Emissions targets; Emissionstrading; Trends to 2020; Statistics; Australia overseas comparisons. More...

The original toxic asset: contaminated land
Author: Murray, Penny
Source: Australia and New Zealand Property Journal, 2010, Vol 2, No 5, pp306-310

Partition preferred to sale
Source: Australian Law Journal, 2010, Vol 84, No 5, May, pp292

Sale of fixtures, unsevered from the land on which they stand
Source: Australian Law Journal, 2010, Vol 84, No 5, May, pp293

The arcane law of deeds
Source: Australian Law Journal, 2010, Vol 84, No 5, May, pp294

Terms of Reference for Productivity Commission Report on the Impacts and Benefits or COAG Reforms
16 June 2010
The Treasurer has released the terms of reference for the Productivity Commission report on the impacts and benefits of Council of Australian Government (COAG) reforms. The first full report on the impacts and benefits of COAG’s reform agenda will be provided to COAG by 31 December 2011. www.pc.gov.au

New Safety Rules For Solar Panel Installations In Australia
21 June 2010
To be eligible for Renewable Energy Certificates (RECs), installations must now comply with state and territory regulations for siting solar panels and building codes, including for panel mountings and connection. Installers must also be both Clean Energy Council (CEC) accredited and licensed electricians, with the exception of some remote off grid solar power systems. More...

Victoria

Industry interest sought on greater capacity at Port
12 June 2010
The Brumby Labor Government is calling for expressions of interest from industry on new ways to expand container capacity at the Port of Melbourne, Roads and Ports Minister Tim Pallas announced. More...

Victoria’s Business Licensing Authority (the BLA): Applying Online
21 June 2010
Brothel Managers, Conveyancers, Credit Providers, Estate Agents, Exempt Prostitution Service Providers, Motor Car Traders, Owners Corporation Managers, Second Hand Dealers and Pawnbrokers, and Travel Agents can now apply online. More...

Approved Plans

Amendment VC62 to the Victoria Planning Provisions and planning schemes:

·         amends Clause 52.17 to exempt the Department of Sustainability and Environment and Parks Victoria from requiring a permit to remove vegetation on a public road

·         clarifies the ability of the Secretary to the Department of Sustainability and Environment to delegate in various overlays and Clauses 52.16, 52.17, 52.18 and 66.02

·         introduces land use terms for greenhouse gas sequestration and greenhouse gas sequestration exploration in Clause 74. No permit will be required for these uses in most zones, various overlays and Clauses 52.08, 52.16, 52.17 and 62.02-2. Clause 66.02-2 is amended to include the Secretary administering the Greenhouse Gas Geological Sequestration Act 2008 as a referral authority

·         amends Clauses 12, 18 and 56.06 to incorporate the Victorian Cycling Strategy 2009

·         makes an Emergency Services Facility a Section 2 use in Clause 36.03

·         amends Clause 44.01 and the schedules to Clause 44.01 in the Mornington Peninsula Planning Scheme to change certain standard exemptions for buildings and works

·         amends Clause 64.03 – Subdivision of land in more than one zone to remove any reference to green wedge land because the Planning and Environment Act 1987 already prohibits altering green wedge land.

Boroondara C69: Implement the West Hawthorn Urban Design Framework.

Greater Dandenong C106: Residential and commercial development of land bounded by Osborne Avenue, Regent Street, Villa Road and Westall Road, Springvale.

Greater Geelong C201 & Surf Coast C48: Set aside land for the duplication of the Princes Highway West between Waurn Ponds and Whittlesea.

Latrobe C14: Implement the recommendations of the Latrobe City Heritage Study 2008.

Moreland C78: Introduce Heritage Overlays to 970 properties across the municipality.

New South Wales

Increase in Parking Levy Rates
23 June 2010
Owners of non-residential parking spaces in Sydney, North Sydney and Milsons Point business districts are liable to pay an annual levy of $2040 for each parking space that is not exempt. Owners of non-residential parking spaces in Bondi Junction, Chatswood, Parramatta and St Leonards are liable to pay an annual levy of $720 for each parking space that is not exempt. More...

Commonwealth

Environment Protection and Biodiversity Conservation Act 1999 - Amendment to List of CITES Species
This instrument amends the Environment Protection and Biodiversity Conservation Act 1999 - List of CITES Species for the Purposes of the Act (29/11/2001) to make changes to Appendices I, II and III. More...

Constitution Alteration (Just Terms) Bill 2010
A Bill for an Act to alter the Constitution to provide that governments’ acquisition of property and restrictions on the exercise of property rights can only be undertaken after the provision of compensation on just terms. More...

Water Efficiency Labelling and Standards Amendment Bill No 132 of 2010
A Bill for an Act to amend the Water Efficiency Labelling and Standards Act 2005, and for related purposes. More...

Renewable Energy (Electricity) Amendment Regulations 2010 (No. 3)
Legislative Instrument - F2010L01597 Number: SLI 2010 No. 142
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to strengthen the safety and performance of installations of small generation systems under the Renewable Energy Target (RET) scheme. More...

Victoria

Acts
Parks and Crown Land Legislation (Mount Buffalo) Act

Bills
Civil Procedure Bill
Energy and Resources Legislation Amendment Bill

Acts Proclamations
Fair Trading Amendment (Unfair Contract Terms) Act
Water Amendment (Entitlements) Act No 32 of 2010
Parks and Crown Land Legislation Amendment (River Red Gums) Act

Cases

Victoria

Roads Corporation v Carter & Anor [2010] VSC 273
Valuation and compensation – Hypothetical highest and best use in ‘before’ situation – Effect of Bypass proposal to be disregarded – Strategic planning considerations – Factors supporting residential rezoning – Subregional growth area proposal inconsistent with extractive use zoning and strategic importance of limestone resource – Legacy site case – Whether topography is a natural barrier to rezoning – Whether extractive use zone is a bar to rezoning – Whether ‘infill’ development – Whether a need for rezoning – Good prospect of residential rezoning at the relevant date subject to a risk as to uncertainty – Land Acquisition and Compensation Act 1986, ss 41(3), 43(1). More...

McKern & Ors v The Minister administering the Mining Act 1978 (WA) [2010] VSCA 140
Corporations – Insolvency – Winding up – Voidable transaction – Insolvent transaction – Unfair preference – Doctrine of ultimate effect – Whether proof of unfair preference dependent on ‘ultimate effect’ of ‘entire transaction’ – Whether payments of mining lease rent and royalties unfair preferences – VR Dye & Co v Peninsula Hotels Pty Ltd (in liq) [1999] VSCA 60; [1999] 3 VR 201, Beveridge v Whitton [2001] NSWCA 6, followed: Sheldrake v Paltoglou [2006) QCA 52, doubted – Corporations Act 2001 (Cth), s 588FA. More...

National Trust of Australia (Victoria) v Minister for Planning (includes Summary) (Red Dot) [2010] VCAT 671
Reasons why decision is of interest or significance. Law – issue of interpretation or application -Jurisdiction of Tribunal under section 82 Planning and Environment Act 1987. Planning scheme – interpretation or consideration of VPP provision. Clause 43.01-2 provides no permit is required under this overlay ...to develop a heritage place which is included on the Victorian Heritage Register. More...

Fletcher v Maroondah CC (includes Summary) (Red Dot) [2010] VCAT 670
Reasons why decision is of interest or significance - Law - issue of interpretation or application
Application of section 18(1A) Subdivision Act 1988 to a subdivision when an amount is specified in the schedule to clause 52.01 of the planning scheme – case remitted to Tribunal following decision of Court of Appeal in Maroondah City Council v Fletcher and Minister for Planning [2009] VSCA 250. More...

Nillumbik SC v Potter (includes Summary) (Red Dot) [2010] VCAT 669
Reasons why decision is of interest or significance - Law – issue of interpretation or application - Application of the modern approach to statutory interpretation, which requires that the context of a term should be considered when determining its meaning - Planning scheme – interpretation or consideration of VPP provision - Interpretation of clause 52.43 (Interim Measures for Bushfire Protection) – proof of subjective intent not required in order to take advantage of exemptions from the need for a permit for vegetation removal – Change - to legislation or vpps - whether change to VPPs or statutory provisions is required or desirable - Any shortcomings in the operation of clause 52.43 should be addressed by amendment if landowners are exploiting the exemptions in clause 52.43 for purposes unrelated to bushfire protection. More...

Smith v Hobsons Bay CC (includes Summary) (Red Dot) [2010] VCAT 668
Reasons why decision is of interest or significance - Law, practice or procedure – issue of interpretation or application - Charter of Human Rights and Responsibilities Act 2006; application of Charter; whether cl 54.04-6 of planning scheme dealing with overlooking compatible with human right to privacy; whether decision to delete a condition requiring a balcony screen would breach Charter; interpretation and application of ss 13 & 7(2) of Charter. More...

Hopper v Bayside CC [2010] VCAT 683
Section 77 of the Planning and Environment Act 1987 refusal to grant a permit; overdevelopment; amenity; Rescode provisions; proximity of activity centre; preferred future character of garden settings; residential opportunity area encouraging greater densities. More...

Uniting Church in Australia Property Trust (Vic) v Nadajamoorthy [2010] VSC 290
Vendor and purchaser – Contract for sale of land – Failure by purchaser to settle on date appointed – Whether time remained of the essence or whether vendor had waived entitlement for strict compliance – Whether rescission notice effective to terminate contract on purchaser’s failure to comply – Whether notice sufficient to re-establish essentiality of time as a consequence of unreasonable delay and/or breach of obligations of purchaser – Whether time stipulated by notice reasonable time for performance - Greydae Pty Ltd v Malilane Pty Ltd [2003] VSCA 27 applied. More...

Queensland

MC Property Investments P/L v Sunshine Coast Regional Council [2010] QCA 163
Environment and planning – environmental – planning – planning schemes and instruments – queensland – generally – where respondent refused applicant’s impact assessable material change of use application for 38 multiple dwelling units – where refusal upheld by the Planning and Environment Court – where site subject of application approximately 650 metres from the nearest bus stop – where statement of intent for the relevant planning precinct specified that “medium-density housing development should be located close to the public transport” – where primary judge construed the statement of intent as indicating a reference to transport facilities in existence at the time of the application’s assessment – where judge considered the question of proximity as the “critical issue” – where applicant argued that this amounted to the elevation of proximity to the level of prescriptive criterion, the failure to meet which would justify the dismissal of the appeal – whether primary judge erred by construing the statement of intent as relating to existing transport infrastructure – whether primary judge erred by considering proximity as the “critical issue” - Environment and planning – Environmental planning – Planning schemes and instruments – Queensland – Generally – where primary judge found that there was a conflict between the applicant’s impact assessable material change of use application and the relevant planning scheme – where primary judge made express reference to the approach espoused in Weightman in determining whether there were sufficient planning grounds to approve the application despite a conflict with the planning scheme – whether primary judge failed to apply the Weightman approach - Environment and Planning – Environmental planning – Planning schemes and instruments – Queensland – Generally – where applicant argued that, if the statement of intent did refer to existing transport infrastructure, the application should be allowed with a condition that the applicant seek approval from TransLink for the provision of a new bus stop – where expert evidence that the proposed bus stop would be on the “cusp of being within an acceptable walking distance” of the site – where primary judge made a finding of fact that this would not satisfy the preference in the statement of intent that “medium-density housing development should be located close to the public transport” – where primary judge said that there was no evidence of the attitude of TransLink to bus stop planning and design – where applicant argued that the primary judge made an implicit finding that the consent of TransLink was required – whether primary judge erred in dismissing the applicant’s alternative application for conditional approval. More...

Strasburger Enterprises (Properties) P/L & Anor v Gold Coast City Council [2010] QCA 153
Environment and planning – environmental planning – development control – consents, approvals and permits – validity – other matters – where second applicant is the owner and first applicant the lessee and operator of a service station – where service station has been conducted pursuant to a Town Planning Permit issued in 1987 under the now repealed Local Government Act 1936 (Qld) – where no other permit or approval for the storage of large amounts of petroleum on the site was ever issued – where respondent sent an enforcement notice to first applicant in 2005 requiring it to apply for a development permit under the Integrated Planning Act 1997 (Qld) in order to carry out assessable development – where respondent issued a decision notice in 2007 approving first applicant’s application subject to conditions – where cost of complying with the conditions would be considerable – where applicants applied for declarations in the Planning & Environment Court against the development permit – where applicants now appeal against the dismissal of that application – whether the 1987 permit operates as a development approval for the environmentally relevant activity in the form of a development permit for the purposes of the Integrated Planning Act 1997 (Qld) and the Environmental Protection Act 1994 (Qld) – whether the primary judge misconstrued the relevant legislation – whether the operation of the service station constitutes a material change of use under s 1.3.5 of the Integrated Planning Act 1997 (Qld) and so amounts to assessable development – whether the 2007 development permit is valid. More...

Sunshine Coast Regional Council v Ebis Enterprises Pty Ltd [2010] QPEC 052
Planning and environment – Enforcement orders – Material change of use or continued use of land – whether land used as an “accommodation building” without an effective development permit – whether property properly characterised as a “detached house” – whether land used for an “undefined use” without an appropriate development permit. Meaning of “household” under the Integrated Planning Act 1997. More...

Chief Executive Dept of Environment and Resource Management v Australis Mining Operations Qld Pty Ltd & Ors [2010] QPEC 053
Planning and environment – Deed of company arrangement – Environmental Protection Act – failure to provide financial assurance – whether deed of company arrangement is a bar to proceedings against the first respondent for failing to provide “financial assurance” – whether applicant a “creditor” of the first respondent. More...

Gaven Developments Pty Ltd v Scenic Rim Regional Council & Ors [2010] QPEC 051
“Out of centre” development proposal – conflict with both th current and the new planning scheme – conflict with development control plan – need for 2000 m² supermarket component established, also need for other components in separate buildings (medical centre, pharmacy, specialty shops, retail showroom) – whether relevant that events since applications cast doubt on need for other components – whether necessary or appropriate for all components to co-locate – whether alternate sites available for all components separately – significance of huge volume of adverse submissions – issues regarding threats to character of North Tamborine Village – traffic issues arising from site’s frontage to a main road – Main Roads Department’s concurrence agency conditions require a roundabout at the site entrance, relocated to opposite church land, design to accommodate a connection on that side to “Taylor Lane” in place of that to the church land – respondent council, church and other affected owners contended that without further engineering detail to show feasibility of current schematic designs (in particular for relocation west of the roundabout to clear church land) – the appeal should be dismissed. More...

Zanow v Ipswich City Council & Anor [2010] QPEC 050
Developer appeal against refusal of development permit for material change of use (MCU) for light industrial purposes – site zoned low density residential and located on perimeter of precinct adjacent to Warrego Highway, devoted to similar uses by Telecom/Telstra since 1980 (uses which ceased lately) – appellants (new owners) in 2003 obtained approval for similar MCU permits approving actual development on part of site and a preliminary approval overriding the planning scheme for the whole of it – approved plan of development established a regime requiring impact assessment for further light industrial development now applied for – 2006 planning scheme perpetuated low density residential zoning – whether 2003 approval meant no conflict arose with the planning scheme – whether sufficient grounds to justify approval notwithstanding conflict – need – whether site suitable for residential use given industrial use of western part and proximity of highway – traffic and amenity issues – expectations in 2003 and a subsequent approval that heavy site-related traffic would be quarantined to a short stretch of the road/street from which access was taken (direct entry to highway being forbidden) belied by events, leading to unintended traffic through a residential area – whether the access (of a battleaxe variety) was adequate preponderance of local opinion favouring light industrial development over residential. More...

Newing & Ors v Silcock & Ors [2010] QPEC 049
Declarations and orders – House constructed to a height exceeding 8.5 metres without approval – further construction stayed by order of the Supreme Court – subsequent approval obtained – whether that approval validly granted – Wednesbury unreasonableness – failure to take account of relevant considerations – whether assessment officer erred – whether any such error can be imputed to the delegate who made the decision – whether the rule in Jones v Dunkel applies – whether discretion should be exercised to withhold relief in any event. More...

Contact details

Melbourne

Chris Lovell
National Managing Partner
T: +61 (0)3 9321 9832
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Lou Farinotti
Managing Partner - Melbourne
T: +61 (0)3 9321 9861
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Helen Scott
Partner
T: +61 (0)3 9321 9836
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Sydney

Richard Abbott
Partner
T: +61 (0)2 8083 0421
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Neville Allen
Partner
T: +61 (0)2 8083 0488
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Carolyn Chudleigh
Partner
T: +61 (0)2 8083 0440
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Brisbane

Michael Byrom
Partner
T: +61 (0)7 3135 0616
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