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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.


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

Recent Posts

15 September 2021 - Knowledge

Funding for landholders seeking carbon farming advice from LRF approved advisers

#Planning, Environment & Sustainability, #Agribusiness

Queensland landholders can now apply for up to $10,000 to cover the costs of carbon farming advice from approved advisers under the Carbon Farming Advice Rebate Program.

14 September 2021 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

The ABCB released draft National Construction Code provisions on energy efficient residential buildings for public consultation.

30 August 2021 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Major developers are now challenging themselves more than ever before to become the champions of change in sustainability and to have as carbon-neutral projects as possible.

16 August 2021 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

In the first quarter of 2021, €120 billion flowed into sustainable funds in Europe.

03 August 2021 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Senior policy and campaign officer at the PIA, Audrey Marsh, provides a step by step guide for how to overhaul planning systems across various levels and jurisdictions in Australia to help solve the climate crisis.

20 July 2021 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Minister for the Environment Sussan Ley has announced the Morrison Government’s intention to appeal the recent Federal Court judgment in relation to the Vickery Coal Mine decision.

15 July 2021 - Knowledge

Amending a modification application – NSW Government’s swift response to gap exposed in AQC Dartbrook judgment

#Planning, Environment & Sustainability, #Government

The NSW Government has introduced new provisions for developers to amend modification applications following the identification of a gap in two recent judgments.

13 July 2021 - Knowledge

Road to net-zero by 2035: Energy targets in Sydney’s new developments

#Renewable Energy, #Planning, Environment & Sustainability, #Local Government

The City of Sydney has announced an Australia-first plan to include energy targets in development applications to make new buildings more energy-efficient and to meet its net-zero emissions target by 2035.

06 July 2021 - Knowledge

Inside track: Planning, Environment & Sustainability

#Planning, Environment & Sustainability

Australian homeowners will have access to $230 million in discounted green home loan finance as part of a $750 million green mortgage-backed securitisation raised by Firstmac and backed by the CEFC and leading Japanese bank, Norinchukin.

30 June 2021 - Knowledge

Inside track: Local Government

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

On 1 July 2021, the remaining provisions under the new Local Government Act 2020 (Vic) will come into operation, creating new obligations and responsibilities for local councils.

30 June 2021 - Knowledge

Expert guide: Impending changes to Victoria’s Local Government Act 2020

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

On 1 July 2021, the remaining provisions under the new Local Government Act 2020 (Vic) will come into operation, creating new obligations and responsibilities for local councils.

23 June 2021 - Knowledge

Complying with Victoria’s new environmental duties

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

From 1 July 2021, all Victorians will need to comply with new environmental duties, a new licensing regime and updated regulations under the new Environment Protection Act 2017 (Vic).