Serena Armstrong

Serena was admitted to practice in 2004 and brings over 15 years' experience in commercial and public law, specialising in planning, environment, heritage and land acquisition. She has a particular interest in complex infrastructure projects as well as built form and heritage matters. She appears in the Supreme Court, Federal Court, VCAT and Planning Panels on behalf of government and private sector clients. 

Serena read with Emily Porter and her senior mentor is Nicholas Tweedie SC. She is a member of the Victorian Planning and Environmental Law Association, is Co-Chair of the Victorian Bar Indigenous Justice Committee and has provided advice on environmental, cultural heritage and intellectual property disputes over many years.

Serena was previously a Senior Associate in Best Hooper’s planning and environment team. She developed significant government experience working for the Department of Environment, Land, Water and Planning from 2011 to 2015. She has worked in NSW for Ashurst, Freehills and as an associate to the Hon Justice Peter Young AO of the Supreme Court.

Serena’s experience includes:

Planning and Environment Law: merits review of planning permit applications, planning enforcement, planning scheme amendments, environmental effects inquiries and advisory committee hearings.
Aboriginal cultural heritage and native title: advice and proceedings under the Aboriginal Heritage Act 2006 (Vic) and the Native Title Act 1993 (Cth).
Property Law and Land Acquisition: land acquisition and valuation.
Public and Administrative Law: judicial and merits review, statutory interpretation, FOI.

Cases

Serena appears both led and unled and accepts direct briefs where permitted under the Barristers Rules. Matters in which Serena has appeared include:

• Melton C231melt (PSA) [2023] PPV 40 Appearing with Nick Tweedie SC for a property owner, we successful argued against the heritage listing of two buildings on the property. 
• Viva Energy Gas Terminal Inquiry and Advisory Committee (EES) [2022] PPV 62 (5 October 2022) Viva Energy Gas Terminal Inquiry and Advisory Committee (EES) 2022 Acting with Adrian Finazio SC and Rupert Watters for Geelong Grammar School. This complex EES hearing involved a proposal for a floating gas terminal in Corio Bay, near Geelong. Key issues included gas energy markets, marine ecology impacts, noise impacts and safety and risk associated with the major hazard facility.
• 525 Church Street Pty Ltd v Yarra CC [2022] VCAT 1497 Appearing with Nick Tweedie SC for the developer of a multi-storey office building in the Church Street Employment Precinct (Richmond). We successfully argued for the approval of the development. Built form matters were the key issuers, applying first principles urban design arguments as a prescriptive built form overlay had yet to be introduced.
• Bellarine DAL -  Distinctive Areas and Landscapes Standing Advisory Committee - Referral No 2 (AC) [2022] PPV 41 (8 July 2022)– Acting unled for a community organisation representing the Barwon Heads area. Key issues included biodiversity, climate change, hydrology a

Barwon Heads. Fingerboards Mineral Sands Inquiry (EES) [2021] PPV 80 (30 September 2021) Acting unled for the EPA in relation to an environmental effects statement (EES) and works approval application for a proposed mineral sands mine near the Mitchell River, west of Bairnsdale. Key issues for her client related to groundwater and surface water outcomes, noise, dust impacts and the transition to the new environmental protection regulatory framework on 1 July 2021 (the new EP Act).Mordialloc Bypass Project (EES) [2019] PPV 26: Acting with Rupert Watters for the proponent, assessing a freeway link. The key issues related to visual and noise impacts, environmental impacts associated with nearby wetlands, surface water/groundwater matters and legacy impacts from former uncapped landfills. Hengyi Pacific Pty Ltd v Bayside CC  [2023] VCAT 1040: Acting unled for a property developer objector on matters involving built form controls, landscaping, amenity impacts and neighbourhood character. Shepparton Solar Farms Permit Applications (PCI) [2018] PPV 72: Acting with Peter O’Farrell for X-Elio Pty Ltd, the permit applicant for two applications for solar farms in the Shepparton region. This was the first large scale consideration of solar farms by Panels. It related to four permit applications called in by the Minister for Planning.Yarra C231 (PSA) [2019] PPV 59: Acting with Peter O’Farrell for two landholders, addressing key issues around built form and heritage controls.Owen v Boroondara CC (Red Dot) [2021] VCAT 175: Acting unled for the applicant objectors. She successfully argued that the transitional provisions did not apply to the garden area requirement and that the proposal exceeded the accrued rights that existed in the permit sought to be amended.Nicola v Latrobe CC [2020] VCAT 1456: Appeared with Chris Wren SC in a successful merits review application against the refusal to grant a retrospective permit for buildings and works on land affected by flooding overlays near the Traralgon Creek.Alkero Development Pty Ltd v Stonnington CC (Red Dot) [2018] VCAT 1120: Acting unled for multiple objectors. The permit holder unsuccessfully sought to amend a planning permit for an aged care facility to one for residential dwellings. The case involved consideration of transitional provisions, accrued rights and transformation.Yarra C225 (PSA) [2018] PPV 76 (27 July 2018): Appeared unled in a planning scheme amendment for a site-specific control to allow use and development for a residential aged care facility, with issues including heritage, overshadowing, overlooking, restrictive covenants and pedestrian and vehicular access arrangements.ourne%20c258%20;mask_path=au/cases/vic/PPV">Melbourne C258 (PSA) [2019] PPV 29 (21 May 2019): Appeared together with Susan Brennan SC and Carly Robertson on behalf of Melbourne City Council for its Scheme Amendment to revise the local heritage policy, replace the letter grading system for all heritage places and to implement the findings of the West Melbourne Heritage Review.Gardiner v Taungurung Land and Waters Council [2021] FCA 80 (9 February 2021): Acting with Anne Sheehan for the successful Ngurai Illum Wurrung elders in their judicial review application challenging the registration of a Native Title Land Use agreement for land covering a 20,000 hectare area in north eastern Victoria.Law Council of Australia submission to the Senate Inquiry into the destruction of 46,000-year-old caves at the Juukan Gorge in the Pilbara region of Western Australia. She drafted material for the Law Council of Australia submission on Victoria’s cultural heritage laws and protections. This material was included in the Law Council of Australia’s comprehensive submission calling for stronger protections for Indigenous cultural heritage at the Federal level following the destruction of the Juukun George Caves by Rio Tinto during authorised mining works.