VCAT refuses proposal for a residential tower in South Yarra

VCAT has overturned the decision of the Stonnington City Council and refused an application for a twenty-two storey mixed use development in South Yarra, which would have exceeded the preferred maximum building height for the subject site by 30m. The Tribunal’s decision in C&L International Holdings Pty Ltd v Stonnington CC [2019] VCAT 69 demonstrates […]

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Enforcement authorities can take pre-emptive action to avoid non-compliance

Planning and environmental laws establish a wide range of offences and powers to deter and penalise non-compliance, and enforcement action is often directed at remedying or prosecuting breaches. Enforcement authorities however also often have a range of powers to take pre-emptive action to avoid non-compliance and stop breaches before they occur.  A recent example of […]

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Court approves dwellings despite non-compliance

The Planning and Environment Court in The Planning Place Pty Ltd v Brisbane City Council [2018] QPEC 62, recently approved a proposed redevelopment of a corner block located in Windsor for two dwelling houses proposed to be three storeys in height above a basement carpark, each to be located on its own allotment. In this case, the […]

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Council wins costs against company and director

In Gold Coast City Council v Adrian’s Metal Management Pty Ltd & Ors (No.2), the Planning and Environment Court has awarded costs on the standard basis against the company and its director in enforcement proceedings taken by the Council to stop the unlawful operation of a scrap metal yard.Enforcement Proceedings The company operated a scrap metal […]

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More greenspace for Brisbane

As part of the Brisbane City Council’s (Council) commitment to implementing ‘Brisbane’s Future Blueprint’, it has recently further announced its support for the implementation of rooftop gardens as part of new developments, to bolster inner-city greenspace through proposed amendments to the Brisbane City Plan (City Plan). The proposed amendment to the City Plan, is to […]

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Stayin’ alive: Revival of lapsed Development Approvals

The currency period / expiry period for a development approval can be extended by making an extension application under section 86 of the Planning Act 2016, but only if the request is made to the assessment manager prior to the lapsing of the development approval. The Court has a wide discretion to excuse non-compliance with […]

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Development refused due to conflict with planning scheme despite consistency with local character

The Court in WOL Projects Pty Ltd v Gold Coast City Council [2018] QPEC 48 recently refused a proposed development comprised of four detached two storey dwellings for a property located in Robina. The property is approximately 2,301 sqm and the development proposed a total site cover of 28.41 percent. The site is located within […]

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Executive officer and company fined for breaches of the EP Act

Under the Environmental Protection Act 1994 (EP Act), it is an offence to breach a condition of an environmental authority (EA). Where an offence is committed by a corporation, executive officers of the corporation also commit an offence of failing to ensure the corporation complies with the EP Act. As is demonstrated by the following, […]

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Victorian Government reinforces commitment to Solar Energy with new Guidelines

The Victorian Government recently released draft Solar Energy Facilities – Design and Development Guidelines (Guidelines) to assist the development of large-scale solar energy facilities. It is intended that following consultation with the community and industry, the final version of the Guidelines will become a source of advice on the development of best practice facilities in […]

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VCAT makes important decision on balance between urban development and resource extraction in growth areas

Gadens recently acted for Austral Bricks in its successful application at the Victorian Civil and Administrative Tribunal (the Tribunal) for review of a refusal by the Mitchell Shire Council of its planning permit application for approval to extract red plastic clay from a 160 hectare property in Wallan East (the Wallan Quarry). On 2 October […]

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Leasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10

Jurisdiction: New South Wales Date delivered: 14 February 2018 Property type: Retail Facts In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the […]

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Unauthorised discharges and inadequate storage prove costly for environmental authority holders

Under the Environmental Protection Act 1994, operators of prescribed activities are required to hold environmental authorities (EA) and substantial penalties apply to a breach of an EA. As demonstrated by the following cases, the Department of Environment and Science (Department) will prosecute non-compliance and EA holders can incur significant financial costs for the failure to […]

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