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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, acquiring authorities and claimants, 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
  • compulsory acquisition of land and other interests, compensation and 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.


Victorian Planning and Environment Handbook

Holding Redlich Partner, Joseph Monaghan, has put together a Handbook structured around key points that have been the focus of important decisions in the Victorian planning and environment jurisdiction.

Download the Handbook

Key Contacts

Jenny Humphris

Jenny Humphris

Partner

Brisbane
Dr Joseph Monaghan

Dr Joseph Monaghan

Partner

Melbourne
Thomas Kwok

Thomas Kwok

Partner

Sydney
Vanessa Maruna

Vanessa Maruna

Partner

Cairns
Lucinda Morphett

Lucinda Morphett

Special Counsel

Sydney
Katharine Huxley

Katharine Huxley

Senior Associate

Sydney
Tess Kerridge

Tess Kerridge

Senior Associate

Melbourne
Chris Lovell

Chris Lovell

Consultant

Melbourne

Recent Posts

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.

27 September 2023 - Knowledge

A new era for planning in Victoria

#Planning, Environment & Sustainability

The Victorian Government's Housing Statement is reshaping the state's planning landscape with an ambitious target of 800,000 new homes in the next decade. We examine the key proposals and their impact on the state’s future development.

27 September 2023 - Knowledge

Reminder on the limits to imposing conditions when modifying development consents

#Planning, Environment & Sustainability

A recent court case considered whether a council had power to impose a ‘deferred commencement condition’ when approving a modification to a development consent. We look at the key findings and broader scope of the power to impose conditions.

06 September 2023 - Knowledge

National Planning Reform Blueprint – the solution to Australia’s housing crisis?

#Property, Planning & Development, #Planning, Environment & Sustainability

The federal government’s National Planning Reform Blueprint is a multi-faceted central housing solution with planning, zoning and land allocation measures designed to improve housing supply and affordability. What are the key components and how could it be implemented?

31 May 2023 - Knowledge

Constitutional challenge: Can states tax electric cars?

#Planning, Environment & Sustainability, #Taxation

A landmark case before the High Court will determine the constitutional validity of Victoria’s recent electric vehicle tax.

17 May 2023 - Knowledge

NSW Government Bulletin: Housing supply crisis in NSW – challenges & opportunities in planning

#Government, #Planning, Environment & Sustainability, #Property, Planning & Development

The challenges outlined in the State of the Nation's Housing Report highlight the pressing need for legal and regulatory change to address the housing supply crisis in NSW. In this edition, we discuss some opportunities for government from a planning perspective.

12 April 2023 - Knowledge

Transitioning to a more circular economy – proposed amendments to Queensland’s waste laws

#Planning, Environment & Sustainability

Proposed amendments to Queensland’s waste legislation will enact circular economy principles and product stewardship schemes, and establish a framework for better defining what is and is not waste.

27 March 2023 - Knowledge

Independent review into Australian Carbon Credit Units

#Government, #Corporate & Commercial Law, #Planning, Environment & Sustainability

An independent review into Australia's carbon crediting scheme affirmed that the framework is fundamentally sound, but has made 16 recommendations to increase transparency and public trust.

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.

26 October 2022 - Knowledge

Flooding and legal liability – what are we seeing?

#Planning, Environment & Sustainability

The recent and ongoing extreme floods across the eastern part of Australia are raising a series of legal issues. In this article, we look at some of these key issues, including managing flood risk and development in areas subject to inundation, and the liability of public authorities for decisions that expose residents and businesses to greater risk.

11 October 2022 - Knowledge

Towards zero extinctions: Updated environmental policy in Australia

#Planning, Environment & Sustainability, #Property, Planning & Development

The federal government has released an updated action plan to change Australia’s biodiversity loss with the aim of zero new extinctions.

11 October 2022 - Knowledge

Future of climate change litigation against governments

#Environmental, Social and Governance (ESG), #Government, #Dispute Resolution & Litigation, #Planning, Environment & Sustainability

In this instalment of our ongoing ESG series, we look at some recent climate change cases brought against government bodies and predict what the main risks are for the future.

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

Holding Redlich © 2023