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Anthony Whealy

Partner, Sydney
P +61 2 9931 4867
E anthony.whealy@gadens.com
 
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Anthony Whealy
With approximately 15 years’ experience in environmental, planning and local government law, Anthony is particularly sought after by his clients for his pragmatic and highly commercial and strategic approach, while being renowned as a tenacious litigator in planning and environmental matters.  He specialises in obtaining planning and environmental approvals for clients, often via Land and Environment Court proceedings, to facilitate appropriate property development and to overcome red tape and costly delays.
Anthony  heads up our significant land-development practice in Sydney, and is accredited by the Law Society of NSW as a specialist in Local Government and Planning Law.  Widely recognised by government authorities as an expert in matters relating to planning and environmental approvals, and having a very high profile in the property industry generally, Anthony is able to effectively represent his clients’ interest in negotiating with all levels of government authorities, to achieve the best possible outcomes.  At the same time, he is acutely aware of the political, economic and social challenges faced by property investors and developers in NSW, and tailors his strategic approach to every matter accordingly.
Anthony , with the support of his significant team, regularly acts for developers, landowners, property investors, hoteliers, and consultants in relation to all aspects of land use and property development.  He prepares and conducts appeals to the Land and Environment Court in respect of development proposals, ranging from single dwellings and small subdivisions up to large retail and high-density residential developments. He is also one of the few lawyers in Sydney who specialises in land valuation (land tax) appeals and land acquisition and compensation appeals relating to the compulsory acquisition of land by government agencies.  He is also particularly well known for his extensive experience in contaminated land litigation, having acted for landowners in many significant and high profile contamination cases in the Supreme and Federal Courts.

Anthony was voted by his peers as one of Australia’s Best Lawyers in Planning and Environmental Law in 2013 and again in 2014.

Experience
  • acting for the developer in relation to a $200M mixed use development of the Kirrawee Brick Pit site in the Sutherland Shire, involving a Land and Environment Court Appeal and assessment by State Government under Part 3A of the Environmental Planning and Assessment Act
  • representing AMP and Mirvac in relation to the proposed redevelopment of the former Amatil building at Circular Quay
  • conducting many ‘dwelling house’ appeals under s.34AA of the Land and Environment Court Act – a new, fast system for appeals relating to single dwellings and dual occupancies.
  • representing Statewide Developments Pty Ltd in various proceedings relating to a 350-unit development at Rhodes Bay, both in respect of remediation and planning issues
  • assisting Winten Property Group, Mirvac, Henroth, CSR, Payce, Leda, AMP, and GrainCorp on recent or pending Part 3A applications
  • representing numerous clients in land acquisition (compensation) proceedings relating to the proposed North-West Rail Link
  • conducting land valuation /land tax appeals on behalf of AMP, Centro, ING, ISPT, Stockland, GPT, Charter Hall, Commonwealth Bank, Direct Factory Outlets,  and others
  • representing landowners in Supreme Court proceedings relating to one of the largest known instances of petroleum contamination of residential land in Australia, at Coramba, Coffs Harbour in NSW
  • acting for residents of Nelson Parade, Hunters Hill, in a dispute with the state government relating to highly publicised radiation contamination of residential land.