Planning and Environment

In the dynamic and highly regulated area of planning and environment law, achieving successful outcomes requires both deep knowledge of the law and planning instruments and a sharp practical focus.

Our team has decades of experience advising development, property and government clients on project approvals and operating licences. We are relied on as trusted advisors to local governments, with expertise in drafting statutory instruments and implementing planning reform. We have an outstanding track record in resolving and successfully litigating planning disputes.

Our team and our individual lawyers have been recognised consistently as being at the forefront of planning and environment law, from Rising Stars to Lawyer of the Year for Land Use and Zoning Law. Our senior team members are thought leaders, as Associate Professors of Law at Bond University, lecturing in Planning and Development Law and Environmental Law. We also help to shape the law and policy through industry roles with the Urban Development Institute of Australia, Planning Institute of Australia and Queensland Environmental Law Association.

Specific services

Development proposals

We have extensive experience advising on development applications, from inception, during assessment, decision stage and post-decision representations. We are an integral part of project teams for the successful delivery of development projects including urban high-rise development, tourism infrastructure and master-planned communities.

Planning appeals

We focus on the real issues in dispute and effective case management to help resolve disputes for our clients. Our team has been involved in notable cases involving managing land use constraints, planning scheme construction and decision making rules across all planning regimes of the last 35 years.

Explore our published judgments track record here.

Change applications

We work collaboratively with consultants and council officers in determining whether proposed changes are minor changes. We are highly experienced in advising on the necessary material, pre-request response notices and assessment – for both minor or ‘other’ change applications, including for change applications made to the Court as responsible entity and in appeal proceedings.

Lapsing of development approvals and extension applications

We have unparalleled expertise in advising on currency of development approvals. We have developed comprehensive suites of lapsing checklists tailored for local government for the full range of development approval types and historical approval regimes. Our lapsing training workshop equips officers with essential practical understanding. This is complemented by our experience in advising on extension applications and acting in excusal applications to the Court.

Infrastructure and delivery

We advise government and developers on timely and cost-effective delivery of infrastructure projects and land use and infrastructure sequencing. We help our clients with priority infrastructure plans, charges resolutions and infrastructure agreements . We have successfully conducted several leading cases in infrastructure planning and funding including Adam v Gold Coast City Council, Waverley Road Developments Pty Ltd v Gold Coast City Council and Douglas Construction & Engineering Pty Ltd v Logan City Council.

Planning reform and planning instruments

We have been longstanding advisors to government on implementing planning reform and preparing planning instruments, including planning schemes and temporary local planning instruments. We have unique experience in special purpose planning regimes and their relationship to mainstream planning, for example, port and airport land use planning, priority development areas and site-specific regimes such as integrated resort developments, mixed use development and the Local Government (Robina Central Planning Agreement) Act 1992.

Major government projects

Our team advises public sector clients on major projects. We help successfully deliver these projects through proactively identifying issues and providing solutions. We advised on planning and delivery of all competition venues, community facilities and infrastructure works for the Gold Coast 2018 Commonwealth Games. Our work has included economic attraction special entertainment and screen industry precincts and recreational assets such as the Oceanway and artificial dive precinct.

Major private sector projects

Our private sector major project work includes SkyRidge (a 3,400 dwellings master planned community on the Gold Coast), iconic Village Roadshow Theme Parks and film production studios, the Gold Coast International Marine Precinct, cableway proposals, airport runway and terminal expansion projects. Our experience and insight extend beyond mainstream approval pathways, to coordinated projects, Ministerial call-ins and State facilitated development.

Environmental approvals

We have extensive experience advising on environmental approval requirements under local, State and Commonwealth legislation including development approvals, environmental authorities and ongoing operational compliance. We are recognised for our expertise in relation to vegetation clearing and environmental offsets.

Development compliance and enforcement

We have a very strong track record in securing compliance outcomes, for unlawful land use and works. Wherever possible we assist enforcement authorities in securing early resolution and remedial action through the drafting of effective show cause and enforcement notices. We are also highly experienced in securing orders where Court proceedings or prosecution is warranted for repeated contraventions or for environmental harm or public safety risks requiring urgent attention.

Administrative review of planning decisions

We act for clients in declaratory proceedings which challenge the lawfulness of planning decisions. We have a successful track record in these matters and bring to bear our strong understanding of the distinction between administrative review and merits review, for example in Surfers Beachfront Protection Association Inc. v Council of the City of Gold Coast and Burke v Minister for State Development, Infrastructure, Local Government and Planning & Anor.

Key contacts

We work to build authentic relationships where our experience and dynamic counsel combine to deliver invaluable insights that drive your success.

Meet our people
“ They are our ‘go to’ team for Planning law and Government law. Understanding, agile and always willing to challenge the status quo, to achieve the best outcomes on the ground. ”

Acting CEO, local government

Their technical legal skills in the planning and environment law area are exceptional. I value just as highly the strong, consistent and open communication and their ongoing commitment to developing good working relationships with key stakeholders.

City Solicitor, local government

I was very impressed with the work that they did for us and in particular the way in which very technical advice was made as user-friendly as possible.

Corporate Counsel, multinational resources company

I’d like to say thank you for the workshops, the delivery was exceptional.

They have definitely given us a lot to think about and a great option for resolving some of the emerging issues with local laws, which makes me think these workshops may be just the beginning in a series.

Supervisor, Environmental Assessment, High growth SEQ Local government

Contact our Planning and Environment experts

Our experienced team is here to help you navigate through any challenge with confidence and expertise. Contact us now for a consultation.