Planning
Maddocks' Planning and Environment group is one of the largest and most highly experienced in Australia, enabling us to offer a complete range of planning transactions at all levels.
We have expertise in delivering planning services to government and local government, statutory authorities and the private sector, as well as advising on a range of environmental related matters.
Whether the issue is complex or simple, our solutions are clear, practical and easy to understand. Incisive, strategic management of planning and environmental concerns has become fundamental to conducting most government and business transactions.
A distinctive feature of our planning and environment group is its ability to act as both solicitor and advocate for our clients.
We regularly advise government and private clients on:
- the development approval process from inception to completion
- legislation and planning agreements
- changes in legislation, policy and guides applied in statutory and strategic planning processes
- amendments to planning schemes
- planning permits
- subdivisional issues
- development agreements
- crown land issues
- land compensation and contamination
- native vegetation regulations
- environmental issues relevant to planning cases
- due diligence audits
- environmental management systems and insurance products
- storage and disposal of hazardous water
- trade water agreements
- Company Law Review Act reporting requirements related to environmental concerns
Maddocks Planning & Environment in Victoria
“Our planning and environment practice is a true partner to clients - we are regularly asked to advise on the strategic policy aspects of local government planning as well as providing comprehensive expertise in planning and environmental disputes for government (including local government) and the private sector.”
—Terry Montebello Partner
Our experience in Victoria includes:
- appearing before independent ministerial panels in relation to large development proposals
- appearing before appeals tribunals, courts and advisory committees regarding a range of planning appeals and enforcement actions
- providing advice regarding planning applications, including the nature of duties and the requirement of impartiality, particularly when a conflict of interest arises
- managing enquiries from the media
- advising on the operation of the Victorian Planning Provisions
- advising on the interrelationship between planning-related legislation such as Liquor, Prostitution Regulation, Gaming and Heritage
- liaising with the Department of Health and the Environment Protection Authority
- advising when a councillor may be considered to be improperly exercising his or her power
- representing local government and other statutory authorities on a range of planning related review applications before the Victorian Civil and Administrative Tribunal
- major land subdivision projects and land release
- representing local government before ministerial panels in major revisions of planning schemes
- appearances before the Heritage Council
- appearances at the Supreme Court regarding the review of Tribunal determinations
- resolving problems with environmental auditors in assessment statement conditions
- complex agreements made under planning legislation
- preparing reports to Government on draft legislation
- providing strategic planning services and legal advice to key local and statutory authorities
- organising the facilitation of a review of Municipal Strategic Statements and local planning policies including the necessary recommendations to Councils by an independent consultant
- advising on the construction of a new airline terminal at Adelaide Airport and the apportionment of environmental liabilities and risk.
Maddocks Planning & Environment in NSW
“When planning issues arise clients seek legal advice to protect their interests. What clients want to see is well considered, persuasive arguments from their legal representatives. That's where we can assist.”
— Stan Kondilios, Partner
Land and Environment Court Appeals
Our Planning & Environment group is one of the major firms represented in the Land and Environment Court. We advise and act in litigation on a vast number of legal issues in relation to the Local Government Act 1993 and its Regulations and the Environmental Planning and Assessment Act 1979 and all related land use, planning, heritage, environmental protection and conservation legislation.
Local government clients have also been represented by us before major Commissions of Inquiry, particularly in relation to rezoning of commercial precincts, inquiries established under the Heritage Act 1977 and the Environmental Planning and Assessment Act 1979.
We are conscious of the political realities that exist in council decision making processes and take this into account in the formation of tactics and in drafting objective advice, so as to provide Council and applicant clients with the full range of options available in each individual circumstance.
Our experience in NSW includes:
- representing local government and other statutory authorities on a range of planning related review applications before numerous Commissions of Inquiry in New South Wales
- appearing before appeals tribunals, courts and advisory committees regarding a range of planning appeals and enforcement actions
- providing advice regarding planning applications, including the nature of duties and the requirement of impartiality, particularly when a conflict of interest arises
- managing enquiries from the media
- liaising with the Department of Health and the Environment Protection Authority
- major land subdivision projects and land release
- representation of local government before ministerial panels in major revisions of planning schemes as well as in the Land and Environment Court of New South Wales
- appearances before the Heritage Council
- resolving problems with environmental auditors in assessment statement conditions
- complex agreements made under planning legislation
- providing strategic planning services and legal advice to key local and statutory authorities
- appearing before the NSW Ombudsman and NSW Department of Local Government in investigations into local councils and councillors
- undertaking full process and strategic review of planning functions and assessing consequences on council amalgamations
- specialists in State Environmental Planning Policy 5 developments - Aged Care Housing.
Environmental Planning and Assessment Matters
- advising councils on the validity and implementation of contribution plans established pursuant to section 94 of the Environmental Planning and Assessment Act 1997
- advising a council on options available to challenge proposed State significant development of a charcoal facility in Mogo
- advising a council on options to challenge State significant development of Clyde Marshall Yards for waste transfer facility
- probity advice for Lane Cove Municipal Council, Eurobodalla Shire Council, Wollongong and Blue Mountains City Councils on private-public development, assessment and tendering/contractual procedures
- advising on legal requirements and obligations on preparing draft local environmental plans and amendments to local environmental plans
- pre 1 July 1998 audit of the procedural requirements under the Environmental Planning and Assessment Act 1997 (the Integrated Development Assessment) for a local government client
- preparing a submission to the NSW Parliament's Joint Select Committee Inquiry into the Quality of Buildings.
Other related experience includes:
- advising on the application of waste legislation to councils outside Waste Regions
- preparing and negotiating applications for Waste Levy Exemptions under Waste Minimisation and Management Regulations 1996
- preparing applications for licensing controlled waste facilities for local government and private sector organisations
- advising private sector waste management organisations on waste management issue
- application of the Trade Practices Act 1974 and the impact of the National Competition Policy to local government planning and development making functions
- structuring of a Council's waste management plan in light of the Waste Minimisation and Management Act 1995
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acting in statutory planning inquiries including:
- appearing for private interests before Commissions of Inquiry into objections under the Heritage Act 1977
- appearing for a local government authority on an Inquiry into a rezoning of land;
- preparing Probity Plan and acting as Counsel assisting Independent Commission for a council client
- advising on aspects of Anti Discrimination claim for a council client
- acting for a council client in one of the leading cases in Threatened Species assessment
- advising the Local Government and Shires Association on various aspects of the Valuation of Land Act, Telecommunications Act and other relevant legislation.