Irrespective of the sector, Australia’s highly complex town planning regulatory regimes pose one of the most significant project risks.
Our environment and planning team is widely acknowledged as one of Australia’s best in this field. Our deep understanding of the complexities of planning regimes derives from our role as advisor to planning authorities as well as a wide range of developers, including across residential, industrial, infrastructure, energy and natural resources, retail, education and commercial sectors.
While our lawyers are solutions-focused, we also have extensive experience in litigation relating to both the permitting and enforcement aspects of town planning law.
Acted in relation to various proceedings concerning the clearing of some 20,000 hectares of vegetation at Strathmore Station in far north Queensland. This included defending two judicial review proceedings relating to decisions on PMAVs, an appeal to the P&E Court against an enforcement notice, and peripheral assistance to a prosecution run in-house by the State (including disclosure of 27,500 documents in a 7 day timeframe). DNRME was successful in the prosecution, the judicial review proceedings were both withdrawn, and the enforcement notice appeal was resolved on the basis of extensive rehabilitation requirements.
Acted on Stockland’s NSW Elara residential and town centre development including voluntary planning agreements, advice on infrastructure provision, planning advice and documentation of access arrangements with adjoining owners for construction of infrastructure and roads.
Undertook purchaser planning and environmental due diligence on acquisition of the Mt Pleasant coal mine including advice on planning approvals, biodiversity, water rights and environmental licensing. Defending and ultimately achieving discontinuance of a NSW Land and Environment Court legal challenge to the validity of MACH Energy’s planning approval for the Mt. Pleasant Coal Mine. We also acted on acquisition of water rights for the mining project.