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Planning and environment

Planning and environmental issues play a crucial role in the success of many projects and commercial transactions, especially as planning authorities strive to shape urban and regional landscapes.
In response, Gadens’ planning, environment and government (PEG) team has a thorough understanding of the issues specific to planning, development, and property ownership. As such, we focus on providing practical and commercial advice to facilitate appropriate property development and to overcome red tape.
Strong pro-development focus
Our PEG group has a strong pro-development focus and a proven track record in regularly acting for developers, landowners, property investors, hoteliers and consultants in all aspects of land use and property development, and in Land and Environment Court proceedings.
We often advise on complex environmental issues such as contamination, economic impact analysis, urban design, strategic planning, bush fire, licensed premises and threatened species assessments.  We are also one of the few firms specialising in land valuation/land tax appeals and have significant depth of experience in contaminated land litigation.
Experience
  • CSR:  redevelopment of Erskine Park including negotiating with the state government on planning and biodiversity issues and a planning agreement for Part 3A development; three VCAT appeals in Victoria relating to the remediation and redevelopment of quarry land
  • Stockland:  representing and advising in relation to planning issues throughout Victoria and at various commercial and retail sites in NSW
  • Winten Property Group, Henroth, CSR and GrainCorp:  assisting with Part 3A applications
  • Numerous clients:  acting in respect to Joint Regional Planning Panel (JRPP) applications (which relate to developments valued over $10m), including appeals against decisions of the various JRPPs
  • Numerous clients:  advising on matters arising under the Local Government Act 1993, such as rates, levies and charges and councillor conflicts of interests
  • Kirrawee Centre Pty Limited and Henroth:  acting in appeal proceedings relating to a $150m mixed use development at the Kirrawee Brick Pit site in the Sutherland Shire, which is now subject to a Part 3A assessment by the Minister for Planning
  • Retail Approvals:  acting for the proponent of a mixed use development with full line supermarket component at Forest Road, Bexley, in appeal proceedings against Rockdale Council
  • JRPP appeals:  acting for the applicants (separately) in the first two appeals lodged against decisions of Joint Regional Planning Appeals in NSW, namely an appeal relating to a retirement village at Narraweena, and an appeal for Noble Lakeside relating to a manufactured home estate at Kingscliff
  • Affordable Housing:  acting for the applicant in the first appeal made under the Affordable Housing SEPP resulting in approval of a boarding house in a low density residential zone in Parramatta, despite significant public objection to the proposal
  • Greengate Property:  providing planning advice to secure JRPP approval for a high density retirement village at Maroubra NSW
  • AEH Group:  acting for in appeal proceedings relating to a $50m mixed use development at the former Camden High School site
  • Statewide Developments:  representing in various proceedings relating to a 300 unit development at Rhodes Bay, both in respect of remediation and planning issues
  • Jen Retail:  acting in appeal proceedings against Canada Bay Council relating to the proposed redevelopment of the Birkenhead Point shopping complex
  • AMP:  representing in Class 4 proceedings against Marrickville Council relating to unlawful rates and charges imposed on the Marrickville Metro Shopping Centre site
  • BB Retail Capital:  representing in appeal proceedings against Lake Macquarie City Council relating to the Warners Bay Homemaker Centre
  • AMP:  representing in appeal proceedings relying on existing use rights for an industrial development surrounded by high density residential uses in Gardeners Road, Mascot
  • CBH Resources and Independent Cement & Lime:  representing in proceedings against Port Kembla Gateway Pty Ltd, relating to the largest mineral concentrate export shipping facility in NSW
  • Aspen and Futuris Corporation:  acting in appeal proceedings relating to a high density retirement village at Erina, NSW. 
  • Universal Childcare (‘Little Doves’):  representing in numerous appeals to obtain approvals for childcare centres throughout NSW
  • Penrith Council:  representing the council in one of the few appeals ever lodged relating to Part 3A (Major Projects) development – a waste facility at Erskine Park
  • Licensed premises:  advising and acting for five major licensed premises in highly publicised Supreme Court proceedings in December 2008 challenging the state government’s proposal to impose new regulations restricting the operations of 50 targeted hotels in NSW
  • Licensed premises:  acting for operators of licensed premises in Land and Environment Court and local court proceedings, and applications before the Office of Liquor, Gaming and Racing, including Star City at Pyrmont, the Oaks Hotel at Neutral Bay, the Bourbon at Kings Cross, the Trademark Hotel and Piano Room at Kings Cross, Ladylux nightclub at Potts Point, Favela Nightclub at Kings Cross, the T2 Hotel at Taylor Square, the Beresford Hotel in Surry Hills, the Buena Vista Hotel at Mosman, the Dolphin Hotel at Surry Hills, the Ivanhoe Hotel at Manly, the Shore Club at Manly, Fusion Nightclub at Cronulla, the Victoria Room at Darlinghurst, DCM Nightclub at Darlinghurst, the Universale Hotel at Leichhardt, the Winston Hills Hotel, the Strawberry Hills Hotel, The Courthouse Hotel at Darlinghurst, the Ambarvale Hotel, the Evening Star Hotel, and others
  • Australian Hotels Association (AHA):  advising the AHA on planning legislation in NSW and implications for licensed premises
  • Advising licensed premises in relation to alleged breaches of conditions of development consent, noise complaints and the like, making representations to, and negotiating with, councils in relation to such matters
  • Contaminated land litigation:  representing the plaintiffs in Supreme Court proceedings against various parties relating to one of the largest known instances of petroleum contamination of residential land in Australia, at Coramba (Coffs Harbour) in NSW
  • Residents of Nelson Parade, Hunters Hill:  acting in a dispute with the State Government relating to highly publicised radiation contamination of residential land
  • Contaminated land litigation:  conducting contaminated land proceedings in the Supreme Court against the Shell Company of Australia relating to land contamination issues arising from a former Shell Service Station site
  • St George Bank and others:  representing in Supreme Court proceedings against Austral Bricks and URS Australia relating to misleading and deceptive conduct arising from the sale of contaminated land at Brookvale, and alleged negligence by consultants in the provision of a contamination assessment of the land prior to its purchase
  • Sanctuary Properties (Aust) Pty Ltd:  advising on potential Supreme Court proceedings relating to contamination / remediation costs encountered during the construction of the Westend  Marketplace sub-regional shopping centre
  • Harvey Norman:  representing in Supreme court proceedings relating to remediation costs incurred during the construction of a commercial retail outlet and distribution centre at Springvale VIC
  • Red Cross Australia:  representing in relation to land contamination issues relating to the charity’s property interests
  • Statewide Developments:  representing in relation to significant contamination issues encountered in the course of a high density residential development at Rhodes, including subsequent proceedings in the Land and Environment Court, and separate proceedings in the Supreme Court commenced by ‘off the plan’ purchasers
  • Grocon:  representing in relation to land contamination issues relating to land at Matraville
  • Royal Motor Yacht Club:  advising the on pollution allegations brought by the EPA
  • LaSalle Investment Management:  advising on contamination issues relating to the proposed acquisition of a commercial and retail development in Melbourne
  • AMP:  representing in land valuation appeal proceedings relating to the Warringah Mall shopping centre site
  • Centro Property Group:  representing in land valuation appeal proceedings relating to the Centro Warriewood shopping centre in NSW; in land valuation appeal proceedings relating to the Bankstown Square shopping centre site; land valuation appeal proceedings in the ACT relating to the Tuggeranong Hyperdome shopping centre site
  • Direct Factory Outlets:  representing in land valuation appeal proceedings relating to the DFO sit at Fyshwick, ACT
  • Charter Hall:  representing in land valuation appeal proceedings relating to its commercial property at Wharf 10, Pyrmont NSW
  • Stockland:  representing in land valuation appeal proceedings relating to its shopping centre sites at Corrimal and Nowra in NSW, settling both proceedings early on terms satisfactory to Stockland
  • Winten Property Group:  acting in Supreme Court Proceedings in which a complete exemption from land tax was achieved (through mediation) for its large development site at Moonee Beach, NSW
  • ISPT:  representing in numerous land valuation appeal proceedings relating to the Fairfield Forum shopping centre site; representing in land valuation appeal proceedings relating to its ‘Epicentre’ business park at North Ryde, NSW
  • GPT Group:  representing in land valuation appeal proceedings relating to its industrial estate at Erskine Park, NSW
  • ING:  representing in land valuation appeal proceedings relating to commercial office premises at Miller Street, North Sydney
  • Commonwealth Bank and Colonial First State:  representing in land valuation appeal proceedings relating to commercial office premises in the Sydney CBD.
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