Robert Forrester

Robert specialises in planning law and environmental law.   He is principally briefed to advise and appear, led and unled, in matters relating to:

• major projects, including inquiries under the Environment Effects Act
• Planning and Environment Act matters, including:
  • review of decisions in respect of planning permits, and enforcement order proceedings
  • Planning Panel and Advisory Committee hearings
• applications for judicial review, and appeals from decisions of the Victorian Civil and Administrative Tribunal to the Supreme Court of Victoria
• statutory authorities and approvals, including approvals, licences, notices and levies under the Environment Protection Act and Environment Protection and Biodiversity Conservation Act (Cth)
• land acquisition and compensation
• heritage registration and permit applications
• water law: entitlements and liability under the Water Act, transboundary pollution and use rights

Robert is recognised by Doyle's Guide as preeminent planning and environment junior counsel.

A selection of recent appearances can be viewed by clicking on the 'Extended Biography' tab above.

Background:

Robert has particular expertise in matters concerning renewable and alternative energy, having worked in-house at an Austrian plant engineering firm where he dealt with international contracts and disputes concerning hydropower, pulp and power generation plant. After being admitted as an Australian lawyer, Robert practised as a solicitor in planning, environmental and administrative law in Melbourne.

On coming to the Bar Robert read with Timothy McEvoy KC (now the Hon. Justice McEvoy). His senior mentor was Stuart Morris KC.

Robert has authored articles and presented on environmental law, international environmental law, and international dispute settlement, and was a consultant expert in relation to Cambodia's new Environment and Natural Resources Code. He has lectured in advocacy.

Before becoming a lawyer, Robert worked in graphic design.

Selected appearances:

Environment Effects Act inquiries and Advisory Committees

Goschen Mineral Sands Project Inquiry and Advisory Committee (2024)
Proposed mineral sands mine – for the proponent (led by Emily Porter SC and Rupert Watters)

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 Central – Burra Creek Project (2023) (unled)

Victorian Murray Floodplain Restoration Project EES Central Inquiry and Advisory Committee (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

Bayside C192bays (PSA) [2024] PPV 16

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

910 Donnybrook Road Pty Ltd v Whittlesea CC [2024] VCAT 592
Joinder of parties to whom notice and review exemption applies (for successful applicant for joinder, led by Juliet Forsyth SC)

GFM Investment Management Limited ATF GFM Home Trust II Subtrust No 9 v Port Phillip CC [2024] VCAT 458
Build to rent proposal – internal amenity including whether private open space required for each apartment where substantial communal open space is provided (led by Emily Porter SC)

Beulah International Pty Ltd v Merri-bek CC [2023] VCAT 1407
Adaptation of heritage warehouse for residential use – heritage response and character (led by Adrian Finanzio SC)

Hanson Construction Materials Pty Ltd v Greater Bendigo CC (Corrected) (Red Dot) [2023] VCAT 1341
Requirements of Aboriginal Heritage Act and in respect of cultural heritage management plans

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 u

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)