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Dr Joseph Monaghan | Partner | Melbourne

Property & Real Estate, Planning & Environment, Government

T: +61 3 9321 9857

E: joseph.monaghan@holdingredlich.com

Joseph is a planning and environmental lawyer with extensive experience acting for private clients, local councils, government departments and water authorities.

If planning or environmental litigation is necessary, Joseph will often act as solicitor advocate.

Recent Planning Experience

  • 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 as solicitor advocates for Coliban Water and Western Water in proceedings before Planning Panels Victoria to apply environmental significance overlays as buffer protection around waste water treatment plants
  • Acting before Planning Panels Victoria for the operator of a major hotel servicing Melbourne Airport in successfully opposing a planning scheme amendment that sought to rezone the hotel land to the Industrial 3 Zone
  • Acting before VCAT for the permit applicant for an Islamic school
  • Acting for numerous developers at VCAT regarding multi lot subdivisions and developments which have been refused permits on the basis of neighbourhood character
  • Acting as solicitor advocates for Melbourne Seafood Centre before Planning Panels Victoria objecting to a proposed residential development. The matter involved complicated issues of land use conflict and industrial residual air emissions
  • Acting for EG Funds before Planning Panels Victoria in relation to a major proposed mixed use development. The matter involved complicated issues of land use conflict in relation to the proposed residential use and ongoing industrial uses at surrounding land
  • 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
  • Providing planning and environment advice to a State Government Department with respect to urban renewal and environmental issues at Fishermans Bend
  • Acting for ISPT providing planning advice in relation to numerous major property transactions
  • Acting for the owner of a major industrial site who sought to dispose of part of that site to a major supermarket chain.

Recent Compulsory Acquisition Experience

  • Acting for the acquiring authority with respect to settlements of compensation for loss on sale claims, advances of compensation and settlements of compensation for various road projects
  • Acting for the acquiring authority for the Victorian Desalination Plant pipeline easements, including the conduct of several valuer conferences at VCAT
  • Acting in Supreme Court litigation for a claimant for the Regional Rail Link acquisition
  • Acting for a claimant against Melbourne Metro Rail Authority
  • Acting for water authorities for the acquisition of land for tank sites, water supply easements and irrigation modernisation schemes
  • Acting for Councils for the acquisition of land for various projects, including a freight and logistics centre and a bus interchange.

Water industry

Joseph has for many years provided advice to Victoria’s water industry in relation to a wide range of issues.

A focus of Joseph’s practice for water industry clients has been providing legal advice with respect to issues arising from the provision of infrastructure, including pipelines, channel modernisation projects, tank sites and reservoir upgrades. His experience means clients have a single point of contact to provide advice and assistance with all aspects of these projects.

Joseph also holds a doctorate degree in law for his thesis titled ‘Law and Policy of the Murray-Darling Basin’.

Administrative law

  • Providing administrative law compliance advice to Government agencies
  • Review of decisions - internal review, merits review and judicial review.
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