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Latest Case

Advising global cryptocurrency exchange operators on entry into Australian market July 31, 2018

The rise in popularity and demand for cryptocurrency trading has resulted in a number of cryptocurrency exchange operators expanding into different countries, including Australia, to create a global brand. In Australia, new laws and regulations … Continued

Latest News

Maddocks advises French firm on major construction company acquisition August 6, 2018

Monday 6 August 2018 Law firm Maddocks recently advised French firm Bouygues Construction on its acquisition of leading Australian construction and fitout business AW Edwards. The acquisition is a key part of Bouygues’ continued expansion … Continued

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Do your construction documents conform with the new Ministerial Directions and Instructions for Public Construction Procurement? August 15, 2018

Are you a state government department or public body which procures public construction works and services? Are you in the process of determining which form of contract will be most appropriate for your procurement to issue … 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.