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Latest Case

Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

Latest News

Making a difference: Maddocks senior associate wins Australian Young Lawyer of the Year October 22, 2018

Monday 22 October 2018 Maddocks senior associate Tamsin Webster has been awarded the 2018 Australian Young Lawyer of the Year by the Law Council of Australia. Tamsin, a member of the firm’s Employment, Safety and … Continued

Latest Article

Government Procurement (Judicial Review) Act 2018 (Cth) expands scope for challenges to Commonwealth procurement decisions October 18, 2018

On 18 October 2018, the Senate passed the Government Procurement (Judicial Review) Bill 2017 (Cth) (the Bill) without amendment. The Bill received Royal Assent on 19 October 2018. The Government Procurement (Judicial Review) Act 2018 (Cth) … Continued

Minister approves Environmentally Sustainable Development policies

The Minister for Planning has announced the approval of the ‘Environmentally Efficient Design Local Planning Policies’ for six metropolitan councils (gazetted as the ‘Environmentally Sustainable Development’ (ESD) policies). The announcement follows the release of the combined Panel and Advisory Committee (PAC) report in early 2014. The new policies apply to the municipalities of Yarra, Port Phillip, Stonnington, Moreland, Banyule and Whitehorse.  Maddocks’ Planning and Environment Team was proud to act for the planning authorities before the PAC.

The decision represents a milestone in the long running debate regarding the role of ‘ESD’ in the planning system. While various housing industry associations expressed concern about the introduction of these policies, the PAC accepted Council evidence regarding the costs and benefits of the proposed policies, which seek to implement a ‘best practice’ approach to sustainable built form.

For those interested in the evidence before the PAC, the expert reports can be accessed by clicking here.

The policies provide that ‘The overarching objective is that development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation.’

The policies cover:

  • energy performance
  • water resources
  • indoor environment quality
  • integrated water management and Water Sensitive Urban Design
  • stormwater management
  • transport
  • waste management
  • urban ecology.

Application requirements are summarised in Table 1. An example is set out below from the Moreland Planning Scheme.

ESD application requirements

The ‘BESS’ tool (Built Environmental Sustainability Scorecard) replaced the ‘STEPS’ and ‘SDS’ tools referred to in the exhibited version of the policies.

Please note:

  • single dwellings are exempt
  • transitional provisions mean the policies don’t apply to applications received before 19 November 2015
  • the policies sunset on 31 December 2017 or earlier if superseded by an equivalent provision in the VPP.

 

The Minister for Planning has announced the approval of the ‘Environmentally Efficient Design Local Planning Policies’ for six metropolitan councils (gazetted as the ‘Environmentally Sustainable Development’ (ESD) policies). The announcement follows the release of the combined Panel and Advisory Committee (PAC) report in early 2014. The new policies apply to the municipalities of Yarra, Port Phillip, Stonnington, Moreland, Banyule and Whitehorse.  Maddocks’ Planning and Environment Team was proud to act for the planning authorities before the PAC.

The decision represents a milestone in the long running debate regarding the role of ‘ESD’ in the planning system. While various housing industry associations expressed concern about the introduction of these policies, the PAC accepted Council evidence regarding the costs and benefits of the proposed policies, which seek to implement a ‘best practice’ approach to sustainable built form.

For those interested in the evidence before the PAC, the expert reports can be accessed by clicking here.

The policies provide that ‘The overarching objective is that development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation.’

The policies cover:

  • energy performance
  • water resources
  • indoor environment quality
  • integrated water management and Water Sensitive Urban Design
  • stormwater management
  • transport
  • waste management
  • urban ecology.

Application requirements are summarised in Table 1. An example is set out below from the Moreland Planning Scheme.

ESD application requirements

The ‘BESS’ tool (Built Environmental Sustainability Scorecard) replaced the ‘STEPS’ and ‘SDS’ tools referred to in the exhibited version of the policies.

Please note:

  • single dwellings are exempt
  • transitional provisions mean the policies don’t apply to applications received before 19 November 2015
  • the policies sunset on 31 December 2017 or earlier if superseded by an equivalent provision in the VPP.