Reading RoomThe interpretation of clause 52.29 and what works constitute an alteration to an access to a road in a Road Zone Category 1 has been the subject of some tension between VicRoads, developers and local councils.
In Grant & Ors v Darebin City Council [2011] VCAT 2364, the Tribunal considered a preliminary question as to whether a permit was triggered under clause 52.29. Specifically, …
On Monday, 8 August 2011 at approximately 6pm an incident occurred at Orica's ammonium nitrate plant on Kooragang Island involving a short emission of hexavalent chromium. Sixteen and a half hours passed before Orica notified the Office of Environment and Heritage (OEH).
The NSW Government appointed the former Director-General of the Premier's Department Brendon O'Reilly, …
In 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 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 …
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 …
On 17 March 2011, the Tribunal (per Deputy President Dwyer) made orders which will have a significant impact on the application of clause 52.28 to gaming venues which had gaming machines prior to 18 October 2006.
In McKinnon Hotels Pty Ltd v Glen Eira City Council, the Tribunal ruled that if a venue had electronic gaming machines prior to 18 October 2006 – that being …
