Property, Environment and Planning

Through our extensive experience in working with Government entities, we understand that legal issues in this sector can often be politically sensitive as well as technically challenging.

Government agencies have engaged us to advise on major, highly sensitive matters. They have the confidence and trust that we understand the key property, environmental and planning issues and challenges that will affect their projects and that our legal advice will consider the impact of the issue on the Ministerial portfolio and the Government.

Environment

Clients rely on our cutting-edge expertise on environmental issues.

Our advice includes: obtaining project approvals, managing risks climate change risks, defending pollution prosecutions, developing strategies for environmental issues such as site contamination and remediation, dealing with all forms of environmental litigation, and developing environmental legal risk management tools, training and seminars.

Building Sustainability

There is a growing spotlight on sustainability. We have advised public and private sector clients on sustainable development and related initiatives such as green leasing and green-star ratings.

Property

Our advice covers a broad spectrum of property issues including: land identification and acquisition, securing approvals, risk allocation, construction and development agreements, property joint ventures, consultant appointments, leasing, management and disposal.

Planning

We assist clients with the securing of planning and environmental approvals for sites they acquire, including sites which require remediation. We deal with the EPA on a regular basis and negotiate voluntary investigation and remediation orders and achieve a streamlined approval time frame for contaminated sites.

Litigation and Dispute Resolution

We are known for our expertise in all aspects of environmental and planning litigation in the Land and Environment Court and Court of Appeal and have advised many clients on the Carbon Pollution Reduction Scheme and new renewable energy targets.

Reducing Risks

Clients trust our in-depth knowledge of risks that arise from the vast array of legislation and our commercial acumen. We provide clients with regular information on key risks ahead of when they come into force, such as the consequences arising from recent amendments to the Contaminated Land Management Act 1997.

Our expertise in public sector property, environment and planning includes:

• Land and Environment Court litigation
• buying, selling and remediation of contaminated land 
• defending prosecutions by the EPA and local councils
• managing EPA and council enforcement actions 
• securing development consents and approvals 
• identifying appropriate uses for clients' land
• re-zoning issues under the Environmental Planning and Assessment Act 1979.

RTA - Green Square Town Centre

We advised RTA on the implications of a draft LEP and draft DCP for the proposed Green Square Town Centre and the effect the proposed planning controls would have on the value of RTA's land. This included advice on the implications of proposed infrastructure levies and contributions and advice a range of legal, valuation and drafting anomalies in the proposed planning
controls. Following RTA's representations, these controls were subsequently amended.

NSW Police Force - Police station developments

We have advised NSW Police Force and their property manager, United, on a large number of Police Station developments. This includes advising on planning controls, development potential, how to structure development applications, how to  respond to Council issues and referral of matters to the Department of Planning under Part 5A.

Sydney Ports Corporation - redevelopment of Enfield intermodal logistics centre

We advised Sydney Ports on the redevelopment of a transport infrastructure facility. We advised on council's role and powers to approve development, depending on whether the development was for the purposes of a public utility undertaking. The advice has enabled modifications to be made without the need to obtain further approvals under Part 3A of the EP&A Act.

Transgrid - "Metrogrid Project"

We acted for TransGrid on the $300 million Metrogrid Project which involved the entire property acquisition strategy for a pipeline which extended from Picnic Point to Haymarket. This included advising on freehold and leasehold title issues, tunnelling issues, planning law implications of acquisitions, native title and documenting the property acquisitions.

RTA - acquisitions

We have acted for RTA on over 60 property acquisition matters, including over 50 court cases arising from compulsory acquisition appeals. We advised on key strategic acquisitions, appearing in all interlocutory applications and mentions,
preparing cases for hearing, conducting negotiated settlements, acting in mediations and dealing with costs, deeds of release and indemnity.

Sydney Ports Corporation - purchase of the Cooks River Goods Yard from RailCorp

We acted on this purchase, which required the creation and negotiation of numerous easements benefiting RailCorp as well as the negotiation of a connection and safety interface agreement, a yard operations protocol and a rail coordinator services agreement.