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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

17 September 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Data released by Emissions Reduction Minister Angus Taylor show an increase of 0.6 per cent in carbon emissions in the year to March, which he says is due to the growth in Australia's LNG exports

04 September 2019 - Knowledge

Update: Getting ready for the end of interim occupation certificates

#Planning, Environment & Sustainability

The long-awaited commencement of revised building and subdivision provisions under the Environmental Planning and Assessment Act have again been pushed back, this time until 1 December 2019.

21 August 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

The United Nations recently published a study, involving 400 experts from 50 countries, which predicted that human activities — such as industrial farming, fishing and use of petrochemical energy — will drive nearly a further one million species of plants and animals to extinction in a few decades

19 August 2019 - Knowledge

Do you need an Environmental Protection Licence with that?

#Planning, Environment & Sustainability

The Protection of the Environment Operations Act 1997 requires an Environmental Protection Licence for certain activities that are likely to impact on the environment or cause pollution.

05 August 2019 - Knowledge

Design excellence: When near enough is not good enough

#Planning, Environment & Sustainability

This article looks at a recent Land and Environment Court of New South Wales decision and what is required to achieve design excellence.

05 August 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

The team at sustainability-focused Brisbane building firm Solaire Properties has set itself a sizeable task - building a mammoth passive house, designed by award-winning architect Joe Adsett and adapted to meet stringent international design and building criteria.

31 July 2019 - Knowledge

The case for a Federal Royal Commission in relation to the Murray-Darling Basin Plan

#Planning, Environment & Sustainability

The Murray-Darling Basin Plan and associated controversy continues to make news.

23 July 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

The perception of a crisis in Sydney’s residential apartment market snowballed after the Herald revealed another evacuation of a unit block at Zetland.

10 July 2019 - Knowledge

Murray Darling Basin Plan - update

#Planning, Environment & Sustainability

The Murray-Darling Basin Plan and associated controversy continues to make news. Monday night’s ABC Four Corners program ‘Cash Splash’ looked at alleged waste of taxpayer money under the multi-billion plan.

08 July 2019 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

New housing in Australia must meet minimum energy performance requirements. What our analysis found is that four in five new houses are being built to the minimum standard and a negligible proportion to an optimal performance standard.