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Expertise

Tess is a planning and environment lawyer in the Property, Planning & Development team. Tess has a particular focus on land transactions and disputes.

Tess has acted in a number of major State and local government, water and road authority land projects where she advises her clients on strategy, contractual arrangements and implementation. Tess has extensive expertise in compulsory acquisition matters, routinely representing acquiring authorities (including State and local government, road and water authorities) and claimants alike. Where not resolved by agreement, Tess acts for her clients in resolving disputes referred to the Supreme Court and VCAT.

Experience

Tess specialises in environmental law, land acquisition and compensation, front-end transactional work, creation of easements, reserves, roads and planning appeals. She provides advice to a broad range of clients including State and local government, water and road authorities, and property developers. Tess has extensive experience in the preparation of Section 173 Agreements and planning permit appeals before the Victorian Civil and Administrative Tribunal. Tess believes in providing clear, concise, practical and commercial legal advice that delivers prompt and high quality outcomes for her clients.

Tess’ experience includes:

  • acting for a statutory authority in relation to a tripartite arrangement for sale of land contaminated with PFAS
  • acting for State government in preparing, negotiating and advising upon the implementation of affordable housing agreements under section 173 of the Planning and Environment Act 1987
  • acting on behalf of acquiring authorities and landholder claimants with respect to compulsory acquisition of land matters in both the Supreme Court and VCAT
  • acting on behalf of local government, water and road authorities with respect to acquisition by agreement projects under to the Land Acquisition and Compensation Act 1986
  • acting on behalf of and advising local and state government in relation to discontinuation of roads
  • providing strategic legal advice on Council government major development projects, including implementation of Development Plans, works-in-kind agreements, and creation of various encumbrances on title to facilitate development
  • acting for statutory authorities, State and local government with respect to the creation of easements, charges of annuity, caveats and other restrictions upon title
  • preparation, negotiation, drafting and advising on Section 173 Agreements required by planning permits, incorporated documents, and other controls
  • providing advice and representing clients before VCAT regarding existing use rights
  • appearing for a waste organisation in multiple VCAT appeals regarding expansion of several landfills in the Metropolitan Melbourne area
  • appearing on behalf of Councils at VCAT in relation to enforcement of planning permit matters
  • appearing on behalf of private clients in connection with EPA enforcement matters as to land contamination
  • acting for developer clients in residential and mixed use developments and subdivisions, including staged subdivisions.

Appointments

Director on the Board of Consulting Surveyors Victoria

Publications

23 July 2024 - Knowledge

Victorian Government introduces councillor misconduct reforms

#Local Government

Ahead of this year’s council elections, the Local Government Amendment (Governance and Integrity) Act 2024 introduces two key changes to improve integrity, accountability and governance in Victoria’s local government sector.

18 June 2024 - Knowledge

Addressing rental affordability: Proposed tax concessions for build-to-rent projects

#Property, Planning & Development, #Taxation

New build-to-rent tax concessions have been introduced into Parliament through draft legislation that will lower the managed investment trust withholding tax rate and increase capital works deductions for eligible developments.

09 April 2024 - Knowledge

Drone usage soars as councils consider their privacy obligations

#Property, Planning & Development

With the increasing number of Councils using drones for investigative and compliance purposes whilst exercising their statutory power of entry, it is important they familiarise themselves with the possible legal challenges.

28 November 2023 - Knowledge

Duty of Care: The return of Sharma considerations for planning decisions

#Planning, Environment & Sustainability

Planning authorities will now have to consider Victorian Government emissions reductions targets and any significant risk to any use or development that arises from the impacts of climate change, when preparing planning scheme amendments.

01 February 2023 - Knowledge

Victoria bans single-use plastics

#Planning, Environment & Sustainability

New environmental regulations have come into effect in Victoria, banning the sale or supply of some single-use plastics from 1 February 2023.