About Tess

Tess is a planning & environment lawyer in the Maddocks public law team. Tess has over a decade’s experience acting for local Councils and government departments, as well as statutory authority water authorities and private clients, in relation to land and property transactional matters, planning and environmental disputes before VCAT and the Supreme Court, as well as negotiation and drafting of Section 173 Agreements.

Tess provides administrative law advice in relation, and has recently undertaken a number of matters relating to affordable housing Section 173 Agreements.

Tess is experienced in creation, removal and variation of various land encumbrances, including easements, charges and restrictive covenants. She has over a decade worth of experience drafting various agreements to deliver works-in-kind, development contributions, land acquisition and disposal (notably in relation to contaminated land), and temporary occupation rights. Tess also acts routinely for local Councils, government departments and water authorities in compulsorily acquiring land under the Land Acquisition and Compensation Act 1986. Tess acts for her Council clients in the full lifespan of compulsory acquisition, from assisting Council with its initial officer recommendations to reserve the land for acquisition purposes, through to payment of compensation and litigation to VCAT or the Supreme Court. Tess acts as solicitor advocate for clients at the Magistrates Court and VCAT.

Experience

• Planning

  Acting for the Minister for Planning in relation to affordable housing Section 173 Agreements in the Fishermans Bend precinct: I have negotiated and prepared several complex Section 173 Agreements on behalf of the Minister for Planning and the Department of Transport and Planning that seek to create an affordable housing covenant upon the subject land. These agreements required months of negotiation given the complexity of the timing arrangements that needed to be in place for multi-staged developments, as well as requiring novel approaches to ensuring the affordable housing covenants only bind the future affordable housing lots despite these not being allocated and lawfully created until subdivision.

• Municipal Council acquisition

  Acting for a Municipal Council in the pursuit of a compulsory acquisition of a portion of private land without the need for a typical reservation of land. This included advising Council in relation to the officer report and motion to the Councillors, complying with its community engagement policy, drafting of all statutory notices under the Land Acquisition and Compensation Act 1986, and vesting the land in Council under section 35 of the Subdivision Act 1988. Following this, I advised Council in respect of settlement of the compensation claim.

• Statutory authority acquisition

  In relation to an acquisition by agreement of a portion of its site, which is heavily contaminated with PFAS/PFOS chemicals. I negotiated and advised the client in respect of a Heads of Agreement. The contaminated status of the land needed to be carefully addressed by way of complex indemnities crafted after lengthy discussions with the acquiring body and several environment consultant professional opinions.

• VCAT

  Acting for a Municipal Council in VCAT in relation to a proposal to demolish a heritage dwelling for the purpose of a new medical centre. I appeared and advised the Council on the merits of their position to refuse the demolition application, coordinated heritage and structural engineering evidence which ultimately led to a successful outcome for the Council and retention of the important heritage place within the precinct.