Reading RoomIn a recent decision the Tribunal again confirmed the principle that, where a planning scheme amendment occurs, at some time between the making of the application and the final decision of the Tribunal (following an appeal or appeals), in the absence of any accrued right to do otherwise, the Tribunal is required to apply the law that exists at the time it makes its final decision...
On 10 July 2011, the Prime Minister released the Federal Government's 'Clean Energy Future Plan' (Plan).
The centrepiece of the Plan is the introduction of a carbon price starting at $23 per tonne of carbon pollution on 1 July 2012. This price will be payable by Australia's 500 most carbon-intensive businesses in the stationary energy, …
On 16 June 2011, the Minister for Planning introduced a bill into the NSW parliament which will, if it becomes an Act, repeal Part 3A of the Environmental Planning & Assessment Act 1979 (Act).
In its place, the bill establishes an approval process for two new classes of development: State significant development and State significant infrastructure.
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Two recent decisions, one in the District Court and one in the Land and Environment Court, have wide ranging implications for Councils – one in respect of liability, and the other in relation to the fees and charges Councils can impose.
Both decisions will have an impact on council resources.
The decision by the District Court highlights the onus placed on councils by the law to discharge their duties reasonably. The decision provides commentary on the persons councils owe a duty of care, the circumstances where such a duty might be breached, as well as some important judicial consideration of section 44 of the Civil Liability Act 2002 which provides an exclusion to liability in certain circumstances where a council fails to consider exercising a function or prohibit or regulate an activity.
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The Tribunal's determination in Tan v Kingston City Council [2001] VCAT 470 is likely to come as a surprise to those councils that have regarded the local law exemption in clause 62.01 of their planning scheme as applying to clause 52.27.
The Tribunal in Tan needed to consider whether clause 62.01 of the Kingston Planning Scheme applied to exclude clause 52.27 …
Changes announced by the NSW Government in relation to Affordable Rental Housing affect new and existing applications for in-fill development, boarding houses and social housing.
Amendments to the Affordable Rental Housing SEPP
On 20 May 2011, the NSW Government announced changes to the State Environmental Planning Policy (Affordable Rental …
Federal funding of local infrastructure projects
The Federal Government will introduce a hardline approach to Local Councils which fail to deliver Commonwealth-funded infrastructure projects within set time frames.
Click here to read how this will affect the retainment of your funding.
Transitional arrangements pending …
Wastewater treatment plants represent essential urban infrastructure. Every resident in every urban area expects to be able to flush the toilet or pull the plug and see wastewater disappear without the need for further thought or action. Many industrial processes also need to lawfully discharge large quantities of trade wastes without the risk of interruption. Furthermore, it takes …
The Administrative Decisions Tribunal recently scrutinised the use of Closed Circuit Television (CCTV) footage by Councils in terms of the privacy issues the use of the technology creates. The Applicant sought an order for the removal of the CCTV cameras in the Nowra business district, 18 of which had been installed. The anonymous Applicant, SF, raised a number of novel arguments …
On 8 April 2011, the State Government amended clause 52.27 to planning schemes by way of Amendment VC79 (Am VC79).
The amendment was prepared by the Minister for Planning in consultation with Responsible Alcohol Victoria and the Department of Justice, who both support the amendment.
In essence, Am VC79 makes clear that a permit is now required …
