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The Legal Series will bring together speakers with recognised expertise in various aspects of the NSW Planning System and provide a platform to educate, inform and provide solutions through short seminars focusing on topics identified by our members.

These seminars will provide the necessary information and practical help for those currently working in the planning profession and looking to improve their understanding of legal issues that impact on Planners.

The chairperson for the series will be:

Liz Densley R91porn (Fellow), Founder, Eight Mile Planning

Liz is a town planner with 25 years' professional experience in urban and regional planning in NSW. Having spent the large part of her career in Local Government, Liz moved to join Elton Consulting in 2016 and has this year founded Eight Mile Planning.

Liz is a passionate planner with expertise across land use policy, strategic and statutory planning working closely with both private and public sector clients.

Based in Mudgee in regional NSW, Liz has a particular interest in regional growth and development and delivering a planning framework which can be tailored and is relevant across the diverse jurisdictions to which it applies.

Conciliation conferences and hearings in development appeals in the Land and Environment Court commonly commence with site inspections. They are a unique aspect of this specialist Court’s dispute resolution processes. However, rather than being merely part of the process, site inspections are the first opportunity for parties to highlight relevant matters in their specific contexts and make impressions which they may later refer to and rely on. This makes the site inspection a powerful tool in achieving the desired outcome and town planners acting as expert witnesses are at the forefront.

In this session, Steven will discuss requirements and strategies for effective LEC site inspections.

Presenter:

Steven Griffiths M91porn - Partner, Bartier Perry

Steven Griffiths M91porn advises private sector clients, local government authorities and statutory authorities on a wide range of environment and planning, local government and property law matters.

He regularly acts as a solicitor-advocate development appeals, compulsory acquisitions of land, judicial review and civil enforcement proceedings in the Land and Environment Court of NSW. Steven has also appeared for clients in prosecution proceedings in the Local Court, in judicial review proceedings in the Supreme Court of NSW and in native title proceedings in the Federal Court of Australia. Steven is a regular presenter and is a guest lecturer in Heritage Law at the University of Sydney.

In 2023, Steven was a finalist for the Lawyers Weekly Environment and Planning Lawyer of the Year.

As well as being a lawyer, Steven is an experienced town planner and prior to joining Bartier Perry, Steven had a distinguished 12-year career as a town planner, consultant and manager in local government in NSW.

This background means Steven has a distinct insight into the workings of local government and the planning/development industry, which has proved to be invaluable to private and public sector clients alike. With an understanding that there are many different outcomes that constitutes a win in the eyes of our clients, Steven uses his insights and experience to get the right results.

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In its bid to try to address the housing crisis, the State government has introduced a range of measures to encourage affordable housing and additional residential development in certain areas close to transport.

This session will discuss the changes, and issues arising from the application of the provisions which give them effect. The State Government also replaced special infrastructure contributions (SICs) with the Housing and Productivity Contributions (HPCs). The session will also discuss the HPC provisions of the Environmental Planning & Assessment Act 1979 and the Ministerial Order regarding the nature and extent of HPCs and the imposition of conditions requiring HPCs’.

Presenters:

Megan Hawley - Partner, Lindsay Taylor Lawyers

Megan is a Principal of Lindsay Taylor Lawyers, and is an Accredited Specialist in Planning, Environment and Local Government lawyer with over 32 years’ experience in planning law. Megan has significant advisory experience in relation to all aspects of the Environmental Planning and Assessment Act 1979 including advice on characterisation and permissibility of development, validity of consents and planning instruments, assessment pathways, crown development provisions, state significant development and Division 5.1. Megan has also acted in many Class 1 appeals in the Land & Environment Court, and in judicial review proceedings in the LEC and Supreme Court. She acts of local councils, the Department of Planning. Housing and Infrastructure, numerous government agencies and private developers.

Megan is regularly recognized for her work by both the Doyles Guide (Town Planning & Development Law) and Best Lawyers in Australia (Planning & Environment Law and Land Use & Zoning Law).

Dimitrious Havadjia - Senior Associate, Lindsay Taylor Lawyers

Dimitrious practices across the fields of planning, environment and local government law in litigation, advice and drafting work. Dimitrious appears regularly in the Land and Environment Court and provides advice to government and private clients in relation to developments, contributions, planning agreements, and governance matters, with a focus on local government employment and WHS issues.

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Stage 1 of the State Government’s Low- and mid-rise housing policy has included reforms to dual occupancies and semi-detached homes, to permit this form of housing in all R2 Density zones. This will create some interesting considerations such as whether such development ought to be torrens or strata subdivided (and in a planning sense does it matter), subdivision of existing dual occupancies or houses into dual occupancies, and subdivision of secondary dwellings as dual occupancies. The session will also examine a series of cases involving statutory interpretation of Randwick City Council’s minimum subdivision lot size controls.

Presenters:

Alistair Knox - Partner, Pikes & Verekers Lawyers

Alistair is a partner at Pikes and Verekers Lawyers. He is an accredited specialist in Local Government and Planning Law. He has experience in all jurisdictions of the Land and Environment, with the bulk of his practice acting for Applicants in development appeals.

Alistair is a member of the Law Society Environmental Planning and Development Committee and is the former Chair of the Young Lawyers Environment and Planning Committee.

Jelena Zelikovic - Solicitor, Pikes & Verekers Lawyers

Jelena is a solicitor in the local government, environment and planning law team at Pikes and Verekers Lawyers. She has experience acting for Applicants in development appeals at the Land and Environment Court.

Jelena has previous in-house legal experience in the renewable energy industry where she contributed to state significant projects in varying stages as well as at the Downing Centre Court where she was exposed to both criminal law and civil litigation.

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In this session we will consider the changing landscape for major development and infrastructure projects in NSW, including recent developments and Court decisions in this area. We will consider the planning framework as it applies to State Significant Development and State Significant Infrastructure and explore issues that commonly arise for planners involved in these types of projects.

Presenter:

Anneliese Korber - Partner, Norton Rose Fulbright

Anneliese is an Environment & Planning lawyer with over 22 years' experience based in our Sydney office. Her practise covers a range of specialised areas of the environment and planning space.
Anneliese regularly advises her clients in complex planning and development matters, including the State significant development process. Her clients are wide ranging from private individual clients through to mid-tier, and covers large scale projects including a recent major waste and resource recovery project. Anneliese also has deep experience advising the NSW Government on planning matters for their major projects, including projects affecting areas across the State. Having worked closely with numerous NSW Government departments for over 20 years, Anneliese is uniquely placed to advise in this area. The crossover between planning law, environmental law and contamination is also an area of focus for Anneliese that has played out across her many projects for both private and public agencies.

The compulsory acquisition space is another area of specialty for Anneliese, having acted for most of the major NSW Government acquiring authorities over the course of her career. In particular, Anneliese has recently acted for the NSW transport agencies, being involved in the compulsory acquisition of the St Peters Interchange site for the WestConnex project which resulted in the largest claim in Australia's history of over $600 million. Anneliese regularly advises both landowners and NSW Government departments in the resumption law area enabling her to bring a unique perspective to any acquisition.

Anneliese's clients call on her advice in a wide range of matters including, acquisition, heritage, pollution, vegetation management and licensing under the Protection of the Environment Operations Act 1997.

Additionally, Anneliese is an experienced litigator with experience acting in or advising on all forms of environmental and planning disputes. She represents clients in the Land and Environment Court and Court of Appeal, covering matters relating to planning including administrative law matters, compulsory acquisitions, licensing and enforcement issues, clean-up and other notices.

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With a focus on the role of a town planner, this session will cover the process of ‘regularising’ a building erected in breach of the Environmental Planning and Assessment Act 1979. The presentation will address the use and effect of Building Information Certificates (BIC), matters relevant to the assessment of DAs for use, and the approach taken by the NSW Land & Environment Court in appeals against a refusal to issue a BIC and/or a development consent for use.

Presenter:

Andrew Brickhill - Special Counsel, BAL Lawyers

Andrew holds a Bachelor of Laws (Hons) and Bachelor of Science (Resource and Environmental Management) from the Australian National University. He was admitted as a lawyer to the Supreme Court of NSW in 2011 and has over 12 years of experience working in the Local Government & Planning practice area.

Having grown up in regional NSW, Andrew has a particular interest in planning and environmental legislation affecting rural and regional areas, and frequently provides advice on the application of planning legislation in a rural and regional context. He regularly appears in the NSW Land and Environment Court in Class 1 Development Appeals.

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The mitigation hierarchy of avoid, minimise, offset has underpinned the Land and Environment Court’s interpretation of the Biodiversity Conservation Act 2016 (BC Act) together with the application of ‘serious and irreversible impacts’ on biodiversity values.

In November 2024, NSW Parliament passed a bill to amend the BC Act in the first step of reforms to make NSW ‘nature positive’. The amended Act will include a new definition of the ‘avoid, minimise and offset hierarchy’ amongst other changes.

In this webinar we will examine the key reforms to the BC Act, what they may mean in practice and the Court’s approach to these issues to date.

Presenters:

Katie Mortimer - Partner, Lindsay Taylor Lawyers

Katie Mortimer is a Partner at Lindsay Taylor Lawyers and an Accredited Specialist in Planning & Environment Law.

Katie practices across the fields of planning, environment and local government law in litigation, advice and transaction work. Katie is a specialist litigator in the Land and Environment Court, and has acted for both government authorities and private clients in a range of development appeals, civil enforcement matters, judicial review proceedings and criminal prosecutions.

Stuart Simington - Partner, Lindsay Taylor Lawyers

Stuart is a prominent and highly regarded specialist planning, environment and local government lawyer, with over 30 years’ post admission experience. He is a Partner at Lindsay Taylor Lawyers, and is an Accredited Specialist in Planning, Environment and Local Government Law.

Stuart worked as a prosecutor for the Environment Protection Authority of NSW in his early years and regularly appears for State government, local government and developer clients in the Land and Environment Court. He has extensive experience on issues arising under the Environmental Planning and Assessment Act 1979 including advising on significant land releases, related valuation issues, rezoning, voluntary planning agreements and infrastructure funding more generally; for a range of State government, local government and developer clients.

Stuart regularly features on both Doyles’ Planning & Development (Leading) and Environment & Climate Change Lists of recommended lawyers and on Best Lawyers Australia in the ‘Land Use and Zoning Law’ and ‘Planning and Environmental Law’ Categories

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This seminar is designed to equip planners with the tools to tackle common pitfalls with development consent conditions.

Key topics:

- Compliance pitfalls: Learn how to avoid misinterpretations of consent conditions that lead to delays or enforcement actions.

- Ambiguity & wording: Strategies to address vague or inconsistent conditions that stall project progress.

- Modifying conditions: Understanding when a modification is required or whether an issue can be resolved on the issue of a construction or subdivision works certificate

- Legal risks & disputes: Proactive steps to minimise conflicts with councils, communities, and stakeholders.

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This presentation will provide an update on key considerations for developing heritage properties, having regard to recent Court decisions.

Presenters:

Justin Koprivnjak - Special Counsel, Dentons

Justin is Special Counsel in the Planning, Environment, and Government team at Dentons in Sydney. Justin, who is on the High Court Register of Practitioners, has more than a decade of experience in private and in-house practice as a planning, environment and local government lawyer. Justin’s practice includes both front end and back-end advice and advocacy in respect of all civil and criminal aspects of his practice area. Justin regularly advises on planning and development and associated compliance and due diligence, and related heritage, contamination, and biodiversity considerations; strategic planning and planning agreement negotiation; local government governance and accountability.

Stephanie Vatala - Partner, Dentons

With a diverse practice, Stephanie acts for corporations and individuals on a range of complex matters covering development, property, environment and interpretation of complicated statutory planning instruments and legislation.

Complex issues are usually best resolved quickly and practically. Often, the solution to a matter lies in the detail. Prior to working in planning and environmental law, Stephanie was an Associate to a Federal Court Judge which required her to have regard to the detail of matters. She has brought this skill into private practice.

Stephanie Willis- Senior Associate, Dentons

Stephanie advises and represents clients in all areas of environment and planning law, including planning assessment and approvals, contaminated land, waste, environmental crime, compulsory acquisition and water law, as well as in real property disputes. She has experience acting in Classes 1, 3, 4 and 5 of the NSW Land and Environment Court, the Real Property List in the NSW Supreme Court and appeals in the NSW Court of Appeal.

Stephanie was formerly tipstaff to Justice Preston, the Chief Judge of the Land and Environment Court. She also has experience working in the litigation team of the former NSW Department of Planning, Industry and Environment.

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The Transit Oriented Development or “TOD” reforms intend to facilitate higher density housing in proximity to certain train stations located in Greater Sydney, introducing SEPP provisions which override the permissibility, height, FSR, and various other controls which may otherwise prohibit or restrict such development under the respective Local Environmental Plan. However not all local controls are turned “off” – some of which may not have envisaged high density living when drafted - which will create challenges for both proponents and Councils to navigate in preparing and assessing applications respectively. This presentation will consider the nuances and interactions between the provisions of LEPs turned “off” by the TOD reforms and those which remain “on”.

Presenter:

Kristyn Glanville - Senior Associate, Pikes & Verekers Lawyers

Kristyn Glanville is a senior associate in the planning and environment team at Pikes & Verekers Lawyers. She acts in matters including planning appeals and enforcement of environmental offences, and has experience in the Land and Environment Court, Local Court, Supreme Court, and NSW Civil and Administrative Tribunal.

Kristyn has experience advising proponents and construction companies on major infrastructure projects, advising a range of clients on planning and environment litigation and regulatory investigations, obtaining planning approvals and environmental licences, and due diligence on planning and environment matters.

Kristyn was listed as a Doyle's Guide Rising Star for Environment and Planning Law in 2024.

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An overview of interesting / important recent LEC cases.

Presenter:

Liam Mulligan - Partner, Lindsay Taylor Lawyers

Liam Mulligan is a Partner at Lindsay Taylor Lawyers and an Accredited Specialist in Planning & Environment Law.

Liam undertakes a wide range of litigation, transaction and advisory work and has acted for both government authorities and private clients in development appeals, the prosecution of environmental offences, civil enforcement matter and judicial review proceedings, including challenges to CDCs. He also undertakes property work and provides advice in respect to property issues.

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Note: For large groups we offer a Corporate Boardroom package, please contact nsw@planning.org.au to discuss this package