Planning and Environment

We regularly distribute updates to our clients and contacts on specialised areas of law.

Please contact us if you wish to be added to the distribution list for these newsletters. The information is accurate at the time of writing but the law may have changed. You should treat this information as general advice only and seek specific advice for your particular circumstances.

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Noosa Short-Term Long-Term Accommodation Information Booklet

There has been much public discussion of the impact of the changes in the 2020 Noosa Planning Scheme on Short-Term and Long-Term Accommodation. In this article we review the history around the changes, the definition of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of obtaining an approval for Short-Term accommodation. Click here to download the PDF document. [October 2021] NOOSA — SHORT-TERM AND LONG-TERM ACCOMMODATION History Noosa Plan 2020 commenced on 31 July 2020. The public consultation about the draft Planning Scheme showed a divided community in relation to the allocation of short and long-term accommodation. Noosa Council attempted to address that division by substantially redrafting Planning Scheme provisions…

Appeals filed after the commencement of the Planning Act 2016

On 30 April 2018, Her Honour Judge Kefford DCJ delivered her Judgment in Jakel Pty Ltd & Ors v Brisbane City Council & Anor [2018] QPEC 21. The Issue One of the primary issues in this case was whether the decision making regime under the Sustainable Planning Act 2009 (SPA) or the Planning Act 2016 (PA) applies, in respect of a development application that was: lodged while the SPA was in force; decided after commencement of the PA; and the subject of an appeal filed after commencement of the PA (on 3 July 2016). Both parties accepted that pursuant to section 311(4) of the PA, the administrative steps/process applicable to the appeal are those prescribed under the PA. The dispute…

The Blue Dot

Protected Plants Flora Survey Trigger Map There has been a spike in “blue dot” enquiries on vegetation mapping. Numerous requests have been raised about the “high risk area” trigger map under Nature Conservation Act 1992 (“NCA”) and Nature Conservation (Wildlife Management) Regulation 2006 and interactions with the Property Maps of Assessable Vegetation (PMAV) under the Vegetation Management Act 1999 (“VMA”). Interaction between different legislation Where property is shown as ‘category X’ non-remnant vegetation in the Regulated Vegetation Management Map, registration of a PMAV should ensure this category of vegetation is “locked in”, subject to future legislative changes, should any occur. Regulated Vegetation Management Map However, where your land appears under a NCA trigger map as a high risk area for…

Validity of Infrastructure Charges Notices

A recent decision of the Planning and Environment Court may have implications for the validity of Infrastructure Charges Notices (ICNs) issued by Council under the Sustainable Planning Act 2009 (SPA), and, to a lesser extent, the Planning Act 2016 (PA). On 4 May 2018, Her Honour Judge Kefford DCJ published her decision in Sunland Group Ltd & Sunland Developments No.22 Pty Ltd v Gold Coast City Council [2018] QPEC 22. In these proceedings, Sunland Group Ltd and Sunland Developments No.22 Pty Ltd (Sunland) sought declarations regarding the validity of five ICNs issued to Sunland Group Ltd, which notices were issued contemporaneously with decision notices granting development permits for material change of use and reconfiguration of a lot. Each ICN included…

Vegetation Management

If the State of Queensland representing the people of Queensland decides to protect the natural vegetation based upon good science, then the current vegetation management regime is ineffective. Governments of different political persuasions take different views in relation to what ought to be protected and how it ought to be protected. A bipartisan approach to vegetation management is needed. Since the commencement of State vegetation management legislation, the frequency of change to accommodate different policy approaches has failed both conservation and commercial interests. Natural cycles of vegetation growth and regrowth cannot be accommodated during one political party’s term/s in office. The nature of the vegetation growth and regrowth is not secured over time and the environmental values are not given…

Airbnb

The debate is ongoing in relation to holiday and permanent use of accommodation. In New South Wales the state government and councils have vacillated from trying to regulate Airbnb accommodation to not regulating it. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allow premises to be used as bed and breakfast without Council consent and this applies across NSW.” In Waverley – another popular Sydney Airbnb hang out – short term renting is not allowed without prior approval from the council. …. “If council receives a complaint about a property being used for short term accommodation without approval, we inspect the property, and the owner is requested to stop using the building illegally. Legal action will then be…

Vegetation Management And Other Legislation Amendment Bill 2018

On 8 March 2018 the Vegetation Management and Other Legislation Amendment Bill 2018 was introduced into Parliament. The Bill seeks to deliver the Government’s 2017 election commitment to “protect remnant and high conservation value non-remnant vegetation; amend the accepted development vegetation clearing codes to ensure they are providing appropriate protections based on Queensland Herbarium advice; and align the definition of high value regrowth vegetation with the international definition of High Conservation Value” Under the VMA, the definition of ‘high value regrowth’ is currently limited to vegetation that is an endangered, of concern or least concern regional ecosystem on land the subject of a lease under the Land Act 1994 for agricultural or grazing purposes which has not been cleared…

Roads – A Public Right of Passage

There needs to be an accord between community and government when considering the use of roads. There has been an abject lack of accord in some local government areas recently, and community meetings and open forums can be a positive attempt to advance agreement. An understanding of the common law basis of roads and the statutory variations to the common law may lead to a better appreciation of the need for an accord. That understanding may lead to a clearer consideration of questions like those following: Whose responsibility is it to mow the footpath? Can you plant a tree on the footpath? Can you construct the pathway across the footpath to your property boundary? Can you hold a sporting event…

Verdant Verges

The Sunshine Coast Regional Council has recently become embroiled in a turf war over footpath planting. Its response is to provide a Permit Application process under the local laws. This may not be the right process. Development is defined in the Planning Act 2016 and includes “operational work” which is: operational work means work, other than building work or plumbing or drainage work, in, on, over or under premises that materially affects premises or the use of premises. (Underlining added) It is important to note that there must be a “material” affectation. Materiality must be considered in the context of the use. At common law the use of a road is for a “right of passage”. That use has probably…

Local Law Signs

The use of signs by local government is an appropriate mechanism to inform people of appropriate conduct in accordance with the Council’s local laws. The model local laws applied in Queensland require local governments to take reasonable steps to provide notice to members of the public and variously defines “reasonable steps”. By way of example: reasonable steps include, as a minimum, the display of a notice at a prominent place within the dog off-leash area indicating the extent of the area. reasonable steps may include the display of a notice at a prominent place within each local government controlled area for which a declaration under subsection (1) (b) has been made, stating- if the declaration relates to the whole area-the…

A Load of Rubbish

1 July 2018 is the cut-off date for local governments to introduce local laws to replace the State government waste management laws that will expire on that date.1 Time is running out for local governments to meet all of the obligations of the local law making process prior to the cut-off date.2 The state government waste management laws that are to expire form the basis for local governments to control waste collection within their local government areas in “waste collection areas”.3 Without that control domestic and commercial curbside waste collection services could be undertaken at the behest of each individual owner or occupier of premises without regard to Council. It is likely that local governments that have entered into contracts…