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Planning, Environment & Sustainability

With dedicated teams in Victoria, New South Wales and Queensland, who also work nationally together, we deal with state and Commonwealth laws in their commercial and practical context to deliver outstanding results and client service.

Planning, Environment & Sustainability

Our hands-on experience gained working both with and within planning authorities, coupled with our work for the private sector, enables us to provide practical, strategic and knowledgeable advice in relation to environmental, planning and regulatory issues.

Expertise

We act for local councils, developers, institutional and other owners, investors, financiers, construction companies, energy and utility and other infrastructure providers, resource companies, government departments and agencies, including the New South Wales Department of Planning, consultants and others involved in the development, management and regulation of property, natural resources and infrastructure projects. We also have a strong reputation in connection with transactional issues, advocacy and mediation.

Our expertise includes:

  • green buildings and infrastructure
  • energy efficiency and renewable energy
  • emissions reporting and trading
  • obtaining, defending and challenging consents, permits, licences and other approvals
  • navigating planning controls and other regulatory requirements and addressing assessment criteria procedures, including the preparation of applications and environmental assessments supporting those applications
  • drafting environmental planning instruments, planning agreements and other planning documentation and statutory interpretation
  • allocation of risk and liability in connection with the acquisition disposal and development of land, including contaminated sites
  • pollution incidents
  • environmental and planning and other prosecutions
  • environmental compliance and due diligence
  • management and remediation of contaminated land
  • environmental risk assessment
  • biodiversity
  • waste management
  • tribunal and court proceedings, including merit appeals and legal challenges, and alternate dispute resolution
  • resumptions, land compensation and the valuation of land
  • heritage laws
  • native vegetation and threatened species legislation
  • the law and practice of government administration
  • other areas of the law concerning the use, development and management of land and resources and the carrying out of infrastructure projects.

Experience

Victoria

  • acting for the owner of a major site in which our client successfully rezoned its land through the Planning Panel process to the Mixed Use Zone to facilitate a major mixed use residential development. The matter involved complex planning issues in relation to heritage, building height and mass, public open space, traffic, community objection and setbacks to the Yarra River
  • acting for a metropolitan council in proceedings at VCAT with respect to the conversion of a former hotel to a multiunit residential development
  • acting for a regional council in numerous proceedings at VCAT including conditions appeals, declaration proceedings, and planning enforcement proceedings
  • acting for the permit applicant in proceedings before VCAT for a $150 million hotel and apartment development at St Kilda Road. The permit was successfully secured through the compulsory conference process
  • acting for ISPT in an appeal to the Heritage Council of Victoria with respect to heritage issues at the former General Post Office building.

Recent environmental experience

  • acting as solicitor advocates for Metropolitan Waste and Resource Recovery Group in proceedings before VCAT regarding the Melbourne Regional Landfill and also the Werribee Landfill
  • acting for St Andrews Golf Club in various proceedings relating to groundwater issues involving Peninsula Hot Springs and Southern Rural Water.

Recent transactional experience

  • acting for VicRoads in the preparation of section 173 agreements for Growth Areas Infrastructure Contribution (GAIC) work in kind arrangements
  • Providing GAIC advice to a major residential developer with respect to strategies to reduce and defer GAIC payable.
Chris Lovell

Chris Lovell

Chairman

Melbourne

More info
Gerard Timbs

Gerard Timbs

Partner

Brisbane

More info

Recent Posts

22 March 2019 - Knowledge

NSW State Election promises: Planning, development and environment

#Planning, Environment & Sustainability

With the NSW State Election looming on Saturday the planning and development industries have raised questions about the promises from the major parties.

20 March 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

A new online portal has been launched for organisations looking to buy large-scale off-site wind, solar electricity and battery storage. Developers can also use the portal to showcase renewable energy projects to potential buyers, communicate with them, and collect information on their interest

12 March 2019 - Knowledge

Concurrence and referrals: New step in powers for the Planning Secretary

#Planning, Environment & Sustainability

As part of the recent reforms to the Environmental Planning and Assessment Act, the Secretary of the Department of Planning and Environment was given new powers to seek to prevent delays to applications and resolve disputes between agencies for integrated development.

06 March 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Investa claims it is the first property company in Australian to achieve an approved real estate Science Based Target. The company committed to net zero emissions by 2040 in 2016 across its office portfolio and business operations.

20 February 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Australia is on track to meet its Paris climate commitments five years earlier than expected — in 2025 — according to new research from the Australian National University. Lead researcher Professor Andrew Blakers said we have a very vigorous rooftop solar industry and very experienced ground-mounted solar farm and wind farm industry.

11 February 2019 - In the News

What were the key findings of the SA Murray-Darling Basin Royal Commission?

#Planning, Environment & Sustainability

On 29 January, the South Australian Murray-Darling Basin Royal Commission, constituted by Bret Walker SC as Commissioner, delivered its almost 800-page report to the South Australian Government.

05 February 2019 - Knowledge

Royal Commission finds Murray-Darling Basin Plan partly unlawful

#Royal Commissions & Commissions of Inquiry, #Planning, Environment & Sustainability

The Royal Commission into the Murray-Darling Basin’s report constitutes the most comprehensive analysis to date in relation to the Murray-Darling Basin Plan. But it may take a Federal Royal Commission for the recommendations and findings of the Royal Commission to drive change. Our water law expert Dr Joseph Monaghan summarises some of the 800 page report’s key findings.

05 February 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

NABERS has big plans for the next five years according to the 2019-2023 draft strategic plan released in January. Top of the agenda for the environmental performance organisation is making sure every large building type can be rated using NABERS tools by 2023.

01 February 2019 - Knowledge

Queensland’s new regulated waste classification framework

#Planning, Environment & Sustainability

Changes to Queensland’s regulated waste regime come into force on 4 February 2019 introducing a new risk-based classification framework. The sub-classification of regulated waste will allow more appropriate regulatory controls to be applied to the management of regulated waste to ensure an appropriate level of hazard protection is applied.

30 January 2019 - Knowledge

Queensland government bulletin

#Government, #Local Government, #Data & Privacy, #Technology, Media & Communications, #Procurement, #Planning, Environment & Sustainability

In this special edition of our Queensland Government Bulletin publication, our team looks at the issues and reforms that emerged over 2018 in key areas affecting government - and also cast forward to examine the expected major trends and developments for 2019.

21 January 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Dozens of owners and tenants at the Opal Tower have met to explore their legal options, as a real estate expert has warned of a 50 per cent drop in the value of apartments in the western Sydney block.

10 January 2019 - Knowledge

NSW Government Bulletin - summer edition

#Construction & Infrastructure, #Data & Privacy, #Technology, Media & Communications, #Procurement, #Planning, Environment & Sustainability

In this special edition of our fortnightly publication, we take a magnifying glass to the issues and reforms that emerged over 2018 in key areas affecting government. We also cast forward to examine the expected major trends and developments for 2019.