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SPECIAL OFFER: BOOK THE FULL SERIES BY MONDAY 10 FEBRUARY 2025 AND GET 10 FOR THE PRICE OF 8

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

These sessions 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 town planning in Queensland.

The chairperson for the seminar series will be:

Rebecca Owens M老澳门六合彩图库 - Principal Planner, Reel Planning

Rebecca has 20 years of experience in local and state government as well as the private sector. Rebecca’s career in statutory and strategic planning to date has provided her with an insightful understanding of planning and development which has led Rebecca to be nominated as the town planning expert in Planning and Environment Court appeals on a diverse range of matters throughout the state.

This event will discuss when a development application can lapse, what can be done to prevent an application from lapsing and what can be done to revive such an application if it has lapsed.

Our two speakers, Ella and Ciaran will both tackle this issue from a legal and planning perspective, including:

• What the Planning Act says in this regard
• What are the ways to resolve the issue of a lapsing development application
• Who are the players involved and what are their roles
• Relevant case law
• Tips and tricks for the various players

Speakers:

Ella Hooper - Associate, Allens

Ella has experience in assisting with the provision of advice to public and private sector clients on issues relating to planning, government, infrastructure and environmental law.

Ella’s recent experience includes assisting on a number of appeals and applications to the Planning and Environment Court, Land Court, Court of Appeal and the High Court of Australia.

Ciaran Callaghan M老澳门六合彩图库 - Associate Director, Ethos Urban

Ciaran is a pragmatic and skilled planning expert, with over 10 years of experience across private consultancy and Local Government, joining Ethos Urban in mid-2018, having previously worked for the City of Moreton Bay.

In this time, Ciaran has worked on a diverse range of projects, spanning both statutory and strategic planning, including preparation of precinct renewal strategies, detailed land use and infrastructure investigations, drafting of statutory planning policy and an array of development projects, including city centre tower projects and master-planned land subdivisions. This foundation has provided Ciaran with extensive knowledge of the plan making, statutory planning process and development assessment.

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The Building Act 1975 and Planning Act 2016 (and the supporting Regulations) are intrinsically linked in many ways – whether through planning scheme regulation of building work, heritage approvals, post DA approvals, Council acting as a referral agency or the like. As such planners are often required to know both pieces of legislation, how they work together as well as other documents like the Queensland Development Code.

This seminar intends to help demystify many of the concepts and linkages between the two so that planners may be better informed and educated about the regulation and approval of building work.

Speakers:

Tanya Knauer - Special Counsel, P&E Law

Tanya is employed as Special Counsel at P&E Law, based in the Cairns office, and practises throughout the State. Tanya specialises in the planning and environment and local government jurisdictions.

Tanya conducts appeals and applications in the Planning and Environment Court; advises on local projects, enforcement and infrastructure issues; and provides training services to local governments. Tanya has also drafted and reviewed numerous planning and infrastructure charging instruments, local laws and land use plans for port land and airport land.

Tanya is a member of the Queensland Law Society’s Planning and Environment law committee.

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In May 2016, the Queensland Parliament passed new planning legislation, the Planning Act 2016 (Qld), to replace the Sustainable Planning Act 2009 (Qld). For the first time in the history of planning law in Australia, the Planning Act 2016 (Qld) includes a provision which requires the consideration of Aboriginal and Torres Strait Islander peoples’ knowledge, culture and tradition as an integral part of advancing the purpose of the Act. Specifically, the Act requires any entity performing a function under the Act to perform the function in a way that advances the purposes of the Act. One of which includes ‘valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition’ (s.5(2)(d)).

The seminar seeks to explore whether the purpose of the Act is being met and in what ways that First Nations knowledge, culture and tradition can be incorporated into planning practice across Queensland.

Speakers:

Allira Jeffery - Solicitor (Environment and Planning), Herbert Smith Freehills

Josh Walker (M老澳门六合彩图库) - Co-ordinator (Regional Planning and Advocacy), Sunshine Coast Council

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The Planning Regulation 2017 sets out the assessment benchmarks for both code and impact assessable development applications. This seminar will explain what these are, what cannot be used in the assessment of development applications and what the case law has said in relation to the application and interpretation of the assessment benchmarks.

The speakers will talk to important case law such as:

• Brisbane City Council v Klinkert [2019] QCA 40;
• Ashvan Investments Unit Trust v Brisbane City Council & Ors [2019] QPEC 16;
• Brisbane City Council v YQ Property Pty Ltd [2020] QCA 253; and
• Abeleda v Brisbane City Council & Anor [2020] QCA 257; and
• Smout v Brisbane City Council [2019] QPEC 10.

Speakers:

Tony Calligeros - Senior Associate - Planning + Environment group, Thynne Macartney

A Senior Associate in the Planning + Environment group at Thynne Macartney, Tony navigates the complexities of planning and environment law to help clients at all stages of their project.

With a background in property and commercial law, as well as planning and environment, Tony draws on this experience to find commercial solutions that help his clients achieve their project goals.

He has appeared in the Planning and Environment Court, Magistrates Court and Land Court. Prior to working at Thynne + Macartney, Tony was a Judge's Associate in the Supreme Court of Queensland.

Jennifer Morrissy M老澳门六合彩图库 - Director, Morrissy Town Planning Pty Ltd

Jennifer, Director of Morrissy Town Planning Pty Ltd, is a recognised expert witness in Queensland's Planning & Environment Court. Her court experience includes the provision of evidence in merits appeals, declaratory proceedings and reporting on town planning matters relevant to valuation and compensation claim cases made to the Queensland Land Court.

Prior to becoming a consultant Town Planner, Jennifer worked in local government as a Development Assessment Council Officer. Jennifer has experience in assessing development applications and preparing planning reports for proposals of varying complexity over sites in different local authority areas in Queensland. In addition to her ‘DA’ experience, Jennifer has also had direct involvement in various strategic planning projects in the capacity of review, code drafting for and preparation of planning scheme amendments.

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It has been said that “Conditions are the community price a developer must pay for a planning approval” (Fogg, Meurling and Hodgetts, 2001).

It is well known that the basic test for conditions for development approvals in Queensland is that they need to be reasonable or relevant. But what does that mean?

This seminar seeks to impart an understanding of the rules to draft a lawful condition and the rules to interpret a condition.

Speakers:

Trevor Gallienne 老澳门六合彩图库 (Assoc.) - Planning and Environment Principals, McInnes Wilson

Trevor is one of the McInnes Wilson's Planning and Environment Principals. He represents local governments and developers alike, holding an enviable record of obtaining excellent outcomes for his clients. Trevor has specialist expertise in infrastructure matters, compliance and enforcement action and has conducted complex.

Isabella Kennedy - Coordinator Development Services (Planning), Cairns Regional Council

Isabella Kennedy has dedicated the past 10 years to town planning in the public sector and currently serves as the Coordinator Development Services (Planning) at Cairns Regional Council. Initially focused on fostering growth and development within a regional council context, Isabella has successfully transitioned to managing growth in the rapidly expanding Cairns region. With an extensive background in development assessment, as well as expertise in strategic planning, master planning, regulatory compliance, land tenure and economic development, she is passionate about working collaboratively with the industry to deliver positive planning outcomes that enhance liveability for the community.

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An applicant may, after receiving a decision notice, make representations to an assessment manager to seek changes to the decision notice. This seminar will investigate what are the opportunities or limits to such requests, including the implications of these requests and what needs to happen.

Speakers:

Carolyn Salam - Partner, Redemont

Carolyn helps clients secure, facilitate and decide development and project approvals and operating licences. She acts for development, tourism infrastructure, liquor and government clients. Carolyn is a trusted advisor to local governments, with expertise in drafting statutory instruments and a strong track record in resolving and litigating matters in the Planning and Environment Court and Court of Appeal.

Carolyn is recognised for her leading skill set in working with government stakeholders in designing and implementing user-friendly regulatory compliance systems that enable officers to manage risk, meet their statutory obligations, evidence how they’ve done that and communicate outcomes. This is complemented by her strength in delivering practical knowledge and skills training.

Erin Brooks R老澳门六合彩图库 - Associate Director, Urbis

Erin is a qualified urban planner with over 10 years’ experience in private consulting. A key aspect of her current role as Associate Director involves the provision of specialist planning advice in relation to project positioning, pre-purchase due-diligence, and approval strategy formulation.

Erin has been involved in a variety of Planning and Environment Court and Land Court matters where she has prepared affidavits to assist with minor change applications, extension applications and declaratory proceedings. Erin has also acted as an independent expert witness on a variety of matters and has given evidence in the Planning and Environment Court.

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At its core, infrastructure charging within Queensland is intended to cover the costs of providing trunk infrastructure. But the concepts can be very complex and jargonistic.

This seminar will seek to explain how the infrastructure charging system works and what this means for development applications, applicants, local governments and infrastructure providers.

Speakers:

Ben Caldwell - Senior Partner, Colin Biggers & Paisley

Ben is a senior partner in Colin Biggers & Paisley's Planning Government Infrastructure & Environment group with more than 25 years of experience advising local governments and commercial developers across all areas of planning and environmental law.

Ben has significant experience advising local governments and private entities on planning and development law, the delivery and funding of municipal infrastructure, drafting infrastructure agreements, preparing planning scheme instruments and advising on strategy and policy decisions. Ben is also an experienced litigator acting regularly for clients in the Planning and Environment Court.

Kerry Doss R老澳门六合彩图库 (Fellow) - Principal, Kerry Doss Consulting

Kerry Doss has established a strong reputation as an urban planner, leader, manager & professional during his career. His level of training, qualifications, skills & abilities are a sought-after asset in both the public & private sector.

Kerry has in excess of 36 years’ experience in planning & urban development in QLD & NSW. He has also worked on planning projects across QLD as a senior manager and leader, planner & as a consultant to all levels of government & private industry. Kerry’s experience covers the full range of activities — leadership, management, project management, research, policy, strategy, local area planning, statutory planning, infrastructure planning, master planning, development application lodgment & assessment, development facilitation and capital project implementation.

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It is often said that by the time that a planning scheme amendment has taken effect, it is possibly out of date. The process often requires public notification, consideration of submissions, State interest reviews and legal reviews.

So, this seminar seeks to answer two primary questions:

• How does a local government decide that an amendment is required; and
• What is the process and how are planning scheme amendments prepared, advertised and then approved through the State government?

The speakers will also address where the process could be improved, including best practice approaches in other jurisdictions.

Speakers:

Michael Leong M老澳门六合彩图库 (Fellow) - Partner, Corrs Chambers Westgarth

Michael is a specialist in planning, environment and valuation litigation and advice, drafting statutory planning documents and negotiating infrastructure documents. In addition to his legal qualifications, Michael holds a Masters of Urban and Regional Planning and formerly worked as a town planner.

Michael is a fellow of the 老澳门六合彩图库, a former President of the Queensland Environmental Law Association Inc and a former board member of Urban Futures Brisbane.

Andrew Schembri - Principal Planner, Mackay Regional Council

Andrew is an experienced Town Planner and has been working in local government and regional Queensland for more than 20 years.

He is skilled in strategic land use planning, local area planning, master planning and urban design, planning scheme drafting, reviewing and amendments, TLPI drafting, Priority Development Area and State Development Area process and plan making, regional strategies / planning, Queensland State Planning Policy, policy writing, development assessment, community engagement and project management.

In his current role at Mackay Regional Council, Andrew is in charge of managing the region’s planning scheme.

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Whilst a development application is the most obvious path to seek approval for a development, there are in fact multiple pathways, depending on various factors such as the scale, land use, location or the relevant legislation.

These include Ministerial Infrastructure Designations, State Facilitated Developments, State Development Areas, Exemption Certificates, Change Applications or the like.

This seminar will seek to explore why an applicant may wish to seek an alternate path to approval and what the hurdles may be.

Speakers:

James Nicolson - Special Counsel, MinterEllison

James is an experienced planning and environment specialist who acts for and advises private and public sector clients in relation to the statutory planning and development assessment framework, with a particular focus on planning and environment litigation and the resolution of disputes.

James assists clients by providing strategic advice on the formulation and assessment of development applications in order to maximise the prospect of obtaining, defending or challenging development approvals, and the resolution of disputes arising from the development assessment and approval process.

James is experienced at managing specialist teams comprising legal counsel and expert witnesses in proceedings before the Queensland Planning and Environment Court, Land Court, Supreme Court and Court of Appeal.

Maria Cantrill - Senior Associate, MinterEllison

Maria specialises in planning, environment, resources, waste and resumption law. Her practice includes dispute resolution, advisory and transactional matters across State and Commonwealth legislative regimes. Maria is experienced in providing practical advice to her clients, and project manages large technical teams in both State and Federal Courts.

Andrew Crawford - Executive Director, Wolter Consulting Group

Andrew has over 30 years’ experience across all facets of planning, development, infrastructure and consultation through a range of private sector and Government roles. Together with Natalie Rayment, Andrew leads WCG as Co-Chair of the firm’s Board of Directors. Andrew maintains an active interest in industry advocacy and continuing professional development. He actively participates on committees and advisory bodies, and attends, participates and speaks at conferences and seminars.

Prior to joining WCG, Andrew managed the highly successful Brisbane Urban Renewal Task Force. In this capacity, Andrew was responsible for establishing a statutory planning framework for urban renewal areas, facilitating significant catalyst projects and co-ordinating the planning and delivery of community and capital works infrastructure.

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The State Planning Policy 2017 is a State planning instrument which sets out planning and development assessment policies about matters of State interest.

This seminar will help to understand what this means for development applications, including where the SPP sits in the hierarchy of planning instruments, how and when the SPP becomes an assessment benchmark and what does this mean for a development application.

Speakers:

Wendy Evans M老澳门六合彩图库 (Fellow) - Partner, Clayton Utz

Wendy is a specialist planning lawyer, with a unique and unrivalled skillset. She has over two decades of experience in the planning and development industry, as both a practiced town planner and as a lawyer.

Wendy is highly sought-after by developer clients, who want clear and reliable advice on development strategies, application structure, assistance navigating development assessment, representation in Planning and Environment Court appeals and originating applications. She has a niche skillset in statutory planning, and has for private and government clients alike, acted in relation to the planning, funding and delivery arrangements for all types of development infrastructure (including the preparation and negotiation of infrastructure agreements, land acquisitions and dedications).

(Second Speaker to be announced)

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SPECIAL OFFER: BOOK THE FULL SERIES BY MONDAY 10 FEBRUARY 2025 AND GET 10 FOR THE PRICE OF 8

Note: For large group viewing of the seminar, please contact qld@planning.org.au