Selected appearances:
Environment Effects Act inquiries and Advisory Committees
Victorian Murray Floodplain Restoration Project ER Central – Vinifera and Nyah Projects (2023)
Proposed works to restore and conserve Murray River floodplains – for the proponent (led by Rupert Watters)
Victorian Murray Floodplain Restoration Project ER Centra – Burra Creek Project (2023) (unled)
Victorian Murray Floodplain Restoration Project EES Central (EES) [2023] PPV 17 (led by Chris Townshend KC)
Viva Energy Gas Terminal Inquiry and Advisory Committee (EES) [2022] PPV 62
Proposed gas import terminal – for the Environment Protection Authority Victoria (unled)
Suburban Rail Loop East Stage Inquiry (EES) [2022] PPV 37
Proposed rail – for the Suburban Rail Loop Authority (led by Chris Townshend KC, Emily Porter SC and Barnaby Chessell)
Priority Projects Standing Advisory Committee Referral 19 (AC) [2021] PPV 83
Expansion of hospital – Ministerial call-in – for the proponent (unled)
Fingerboards Mineral Sands Inquiry (EES) [2021] PPV 80
Proposed mineral sands mine – for East Gippsland Shire Council (led by Sarah Porritt)
Crib Point Project Inquiry (EES) [2021] PPV 11
Proposed gas import terminal and pipeline - for environmental groups in successful opposition of project (led by Jane Sharp, with Sean McArdle and Suganya Pathan)
Government Land Standing Advisory Committee - Tranche 23 (AC) [2020] PPV 25
Social Housing Renewal Standing Advisory Committee Report 7 (AC) [2017] PPV 142
Planning Panel hearings
Whittlesea C241wsea (PSA) [2021] PPV 10 (led by Peter O'Farrell)
Wyndham C243 (PSA) [2020] PPV 37
Greater Geelong C395ggee (PSA) [2020] PPV 36
Bayside C165 (PSA) [2019] PPV 70
Knox C150 (PSA) [2017] PPV 29 (led by Stuart Morris KC)
Melton C146 and C147 (PSA) [2017] PPV 17 (led by Simon Molesworth KC)
Hume C207 and 208 (PSA) [2017] PPV 138
Proceedings in respect of decisions under Planning and Environment Act 1987
Valente v Monash CC [2023] VCAT 729
Extractive industry – whether rehabilitation "development" and/or "use" of land
Box v Stonnington CC [2023] VCAT 715
Relevance of issues alleged to arise under Commonwealth legislation to applications under Planning and Environment Act 1987
Cahill v Bayside CC [2023] VCAT 690
Application to stop development under section 93 Planning and Environment Act 1987 – removal of restrictive covenant
Barro Group Pty Ltd v Cardinia SC [2023] VCAT 252
Extractive industry – construction of historical permit – extent of use and development rights (led by Emily Porter SC)
Wrixon Manor Pty Ltd v Bayside CC [2022] VCAT 315
Residential aged care facility (led by Nick Tweedie KC)
Hi-Quality Quarry Products Pty Ltd v Hume CC [2022] VCAT 22
Extractive industry and landfill – secondary consent (led by Chris Canavan KC)
Strath Central Pty Ltd v Greater Bendigo CC [2022] VCAT 18
Service station development in Mixed Use Zone (led by Chris Townshend KC)
Greater Western Water v Macedon Ranges SC [2021] VCAT 1514
Telecommunications tower in reserve (led by Marita Foley SC)
SMA Projects Pty Ltd v Stonnington CC [2021] VCAT 897
Residential hotel – development of airspace above railway (led by Chris Townshend KC)
GMP Land Nominees Pty Ltd v Whitehorse CC (Corrected) [2021] VCAT 781
Retention of trees and development of land in Significant Landscape Overlay (unled)
Angle Victoria Pty Ltd v Boroondara CC [2021] VCAT 669
Mixed-use development in Camberwell Junction Major Activity Centre (led by Adrian Finanzio SC)
LPG Laverton Property No. 5 Pty Ltd v Wyndham CC [2021] VCAT 361
Enforcement of section 173 agreement – interpretation as 'hybrid instrument' – jurisdiction of the Victorian Civil and Administrative Tribunal and discretionary factors (led by Nick Tweedie KC)
Zero Waste Victoria Inc v EPA & Recovered Energy Australia Pty Ltd (2020, VCAT, resolved prior to hearing)
Application for review of works approval under Environment Protection Act 1970 – conditions on works approval in respect of waste-to-energy facility
Bracha Investments (Lansell Road Land) Pty Ltd v Stonnington CC [2020] VCAT 1007
Application to review refusal of application for planning permit (for the permit applicant, led by Adrian Finanzio SC)
Latitude 38 Pty Ltd v Mornington Peninsula SC [2019] VCAT 1796
Application for review of decision to refuse compliance certificate - existing use rights - nature and extent of existing use rights - interpretation of planning scheme definitions - relevance of permit conditions as restriction or condition on existing use rights (for the applicant; led by Paul Connor KC)
Ausvest Holdings Pty Ltd v Melbourne CC [2019] VCAT 1697
Application for review of decision to grant permit for restaurant in Chinatown heritage precinct - characterisation of use and presumption of compliance - heritage - relevance of nature of use to heritage values of a precinct - acoustic impacts (for the applicant; led by Stuart Morris KC and Adrian Finanzio SC)
Pro Estate Holdings Pty Ltd v Bayside CC [2019] VCAT 1366
Repeat appeal - infill development in major activity centre - neighbourhood character and amenity - principles regarding repeat appeals and 'correcting' repeat appeals (for the developer; led by Nicholas Tweedie SC)
Fallscheer v Surf Coast SC [2019] VCAT 1261
Application for review of decision to grant permit - noise impacts, amenity and application of Noise from Industry in Regional Victoria (NIRV) guidelines in rural tourist establishment (for the permit applicant)
EPH Enterprises Pty Ltd v Greater Dandenong CC [2019] VCAT 1252
Application for review of refusal to grant permit - noise impacts - application of and methodology of assessment under State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (‘SEPP N-1’) (for the permit applicant)
Steadfast Capital Pty Ltd v Minister for Planning [2019] VCAT 1233
Permit conditions review - major redevelopment of ‘The Walk’ building in the Melbourne CBD - vehicular servicing and pedestrian use of CBD lanes (for the Minister)
Fivex Pty Ltd v Melbourne CC (Red Dot) [2019] VCAT 138
Application for declarations and review of refusal to grant or extend permit in relation to erection and display of high wall signs within Melbourne CBD - lawfulness of erection pursuant to permit - estoppel of responsible authority - application for extension of permit (for the developer; led by Nicholas Tweedie SC)
Pacific Hydro Yaloak South Pty Ltd v Moorabool SC [2019] VCAT 11
Permit conditions review - wind farm - regularity of environmental inspection and reporting obligations (for the responsible authority)
Surf Coast Shire Council v DP & JL Dunoon Pty Ltd & Anor [2018] VCAT 1551
Application for enforcement order - existence and extent of existing use rights - characterisation of use - identification of planning unit - lawfulness of earthworks and landscaping (for the respondent; led by Paul Connor KC)
Peet Craigieburn Pty Ltd v Hume CC [2018] VCAT 990
Review of refusal to grant a permit for subdivision of land identified in Precinct Structure Plan as reservoir protection mechanism - whether residential use of land 'generally in accordance with' PSP - impact of development on Greenvale Reservoir - creation of easements and restrictions (for the developer; led by Susan Brennan SC)
Morwell Power Station and Briquette Factories H8201 [2018] VHerCl 1
Heritage Council registration hearing - nomination of former Morwell Power Station and Briquette Factories for inclusion on the Register - relevance of questions of economic and reasonable use of the place to question of registration (for the owner; led by Nicholas Tweedie SC)
Preston Market Developments Pty Ltd v Darebin CC [2017] VCAT 1689
Review of refusal to grant a permit for the residential development of Preston Market - relevance of section 173 agreement to assessment of parking provision (for market landowner)
