The approvals climate is changing
In proceedings[1] brought by environmental groups, councils and the Mayor of London, the English Court of Appeal has ruled unlawful a decision, to allow the expansion of Heathrow Airport by the construction of a third runway, because it did not take the United Kingdom government’s policy and commitments on climate change into account. Background For many […]
ReadmoreCouncil pays the price for taking enforcement action against the wrong party
Background Gold Coast City Council (Council) issued an enforcement notice to the owner of a lot in a community title scheme (CTS). The lot adjoins a buffer area, which is common property of the CTS (the Buffer Area), and borders Saltwater Creek in Helensvale. Pursuant to the community management statement for the CTS, the lot […]
ReadmoreYou’re Out of Time … Start Again
In Supreme Renovators Pty Ltd v Logan City Council [2019] QPEC 63 the applicant attempted to convince the Planning and Environment Court (Court) that there were “sufficient grounds” to extend the timeframe for filing an appeal out of time. The applicant missed its appeal period by approximately two months and one week. The applicant sought two […]
ReadmoreClarification of Exemptions for Vegetation Clearing for Bushfire Management Activities
The previous arrangement surrounding clearing vegetation for bushfire management activities was confusing. The Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019 (Qld) which commenced on 6 December 2019, is an attempt to clear up some of this confusion as to the exemptions for vegetation clearing for bushfire management activities. The amendment A new […]
ReadmoreBan on High-Rise Development at The Spit
The Spit Master Plan in 2019 was adopted by the Queensland Government in 2019 after an extensive 18 month planning and consultation period, which attracted more than 23,000 pieces of feedback.[1] The Spit Master Plan is a non-statutory document until introduced into the Gold Coast City Plan 2016, a process likely to take some time. […]
ReadmoreNew development controls to protect koalas in South East Queensland
The koala is an Australian icon and was once commonly found in South East Queensland. However, as Brisbane and its surrounding communities have grown and expanded, koala populations have dramatically declined as a result of habitat loss and associated impacts from urbanisation. According to government figures, over the last twenty years, koala populations have decreased […]
ReadmoreThe Victorian State Government’s Building Amendment (Cladding Rectification) Bill 2019 passes Parliament.
On 12 November 2019 the Building Amendment (Cladding Rectification) Bill 2019 passed State Parliament and the Building Amendment (Cladding Rectification) Act 2019 (new Act) has now received Royal Assent. The new Act enacts the State Government’s consumer focused ‘rescue package’ in relation to the funding of ‘cladding rectification work’[1] associated with ‘non-compliant or non-conforming external […]
ReadmoreLarge retailers may be given the green light to collectively purchase electricity
You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]
ReadmoreCall for comment on proposed new standards for apartment exteriors
The Victorian government is proposing further changes to the requirements for apartment developments, with the release of the Better Apartments in Neighbourhoods – Discussion Paper 2019 (the BANs Discussion Paper) which proposes changes to the planning controls that regulate apartment developments in Victoria. Following on from the Better Apartment Design Standards (BADS) which were introduced […]
ReadmoreRavenhall Landfill decision confirms the scope of VCAT’s powers to review EPA approvals
In June this year, VCAT made the decision to approve a Works Approval to allow for the expansion of the Ravenhall Landfill, the largest landfill in Victoria in the decision of Melton CC v Landfill Operations Pty Ltd (Red Dot) [2019] VCAT 882. Originally approved by the EPA in 2016, the Works Approval was appealed […]
ReadmoreBusinesses pay high price for environmental non-compliance
In Queensland, businesses that fail to comply with environmental obligations under the Environmental Protection Act 1994 (EP Act) risk enforcement and prosecution action by the Department of Environment and Science (Department), including the imposition of significant fines and recording of convictions, as illustrated by the following cases. Waste Transfer Business A company operating a waste transfer […]
ReadmoreLandowner wins appeal against Council enforcement notice
The Planning and Environment Court in Benfer v Sunshine Coast Regional Council[2019] QPEC 6 has held that an enforcement notice given to a landowner in relation to an alleged development offence should be set aside due to deficiencies in the content of the notice, including a lack of detail as to the nature and timing of […]
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