Thy specialises in planning and environment law and advises clients on a range of matters relating to strategic and statutory planning law and environmental law. She regularly instructs on behalf of clients at VCAT and for judicial review Supreme Court proceedings. Prior to joining Maddocks, Thy was a senior solicitor at a boutique environmental law firm and for the Environment Protection Authority Victoria.
Statutory planning advocacy
Representing a local council at VCAT in relation to a retirement village development comprising 60 living units, including appearing for Council at a practice day hearing and at a compulsory conference, preparing written submissions, appearing for Council at the 3-day VCAT hearing, and cross-examining the applicant’s 5 expert witnesses in the areas of: town planning, landscaping, arborio cultural matters, traffic and from an industry expert to deal with supply and demand.
Assisting a Partner with representing a local council at Planning Panels Victoria in relation to a planning scheme amendment proposing to introduce permanent tree controls to protect existing and establishing trees and landscape character. Thy’s work included briefing expert witnesses in strategic planning and an arborist for Council, preparing the Part B written submissions and appearing with the Partner at the Panel hearing on behalf of Council.
Representing a water authority at Planning Panels Victoria in relation to a planning scheme amendment to rezone a 10.22 hectare subject land to allow a residential subdivision, creation of open space and wetlands. Thy’s work included briefing an expert witness on odour related issues, appearing for the water authority at the Panel directions hearing and instructing Counsel for the 5 day hearing.
Environmental law issues
Advising a large service station operator in response to a ‘Notice to Produce’ issued by the EPA for the purpose of advising on the best approach to prevent a potential EPA prosecution associated with alleged land contamination by the operator. This included preparing a response to the ‘Notice to Produce’. As a result, EPA decided to issue a warning and not pursue further investigations.
Statutory interpretation and advice
- Advising on the interpretation and application of the Environment Protection Act 1970 (and associated regulations and policies), Planning and Environment Act 1987 and the Victorian Planning Provisions, including existing use rights and promotion signs.
- Drafting and interpreting conditions of planning permits and agreements under section 173 of the Planning and Environment Act 1987.