Serena Armstrong

Serena was admitted to practice in 2004 and has spent more than 20 years working in commercial and public law, specialising in planning, environment, heritage and land acquisition. She has significant experience across complex infrastructure projects, cultural heritage and native title and administrative law. She appears before the Supreme Court, Federal Court, VCAT, Planning Panels, Inquiry and Advisory Committees and the Heritage Council on behalf of government and private sector clients. 

Serena read with Emily Porter SC and her senior mentor is Nicholas Tweedie SC. She is a member of the Victorian Planning and Environmental Law Association (VPELA) and from 2020-2024 was a member the Victorian Bar Indigenous Justice Committee, including two years as Co-Chair. She advises on a range of planning, environmental, regulatory, interpretation, water act, cultural heritage and native title matters. She also advises on media and intellectual property matters, having previously worked as a journalist, sound artist and classical music composer.

Serena was a Senior Associate in Best Hooper’s planning and environment team from 2015-2018. She developed significant government experience working for the Department of Environment, Land, Water and Planning from 2011 to 2015. She has worked in NSW from 2003-2010 for Ashurst, Freehills, the Arts Law Centre of Australia and as an associate to the Hon Justice Peter Young AO of the Supreme Court (Chief Judge in Equity).

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, compensation and valuation.
Public and Administrative Law: judicial and merits review, statutory interpretation and regulatory matters.

Cases

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

• Goschen Inquiry and Advisory Committee (EES) [2024] PPV 24 (27 June 2024) Appeared unled for the EPA in relation to environmental approvals and a planning scheme amendment for a mineral sands mine near Swan Hill.

• Seranin Pty Ltd v Port Phillip CC [2024] VCAT 876 (17 September 2024) Appearing unled successfully obtained approval for a rooming house in a heritage overlay. This is the first Victorian case to have successfully argued for self-contained rooms to be included as part of a “rooming house” use.
• Moyne C75moyn (PSA) [2023] PPV 68 (14 December 2023) Appeared with Juliet Forsyth SC in successfully obtaining approval of a 75-lot subdivision in Port Fairy near the Moyne River. Key issues included economic, landscape, urban design, hydrology, acoustics and air quality.
• Melton C231melt (PSA) [2023] PPV 40 Appearing with Nick Tweedie SC for a property owner, in successfully resisting the heritage listing of two buildings on the property.
• Hengyi Pacific Pty Ltd v Bayside CC  [2023] VCAT 1040 Acting unled for a property developer objector on successfully opposing a medium density development. Key issues included urban design, built form controls, landscaping, amenity impacts and neighbourhood character.
• Hubbard v Bass Coast SC [2023] VCAT 1029 (6 September 2023) Appeared unled on behalf of a group of community objectors to oppose a two-lot subdivision in a township zone. Biodiversity and hydrology were amongst the key issues fought.
• Viva Energy Gas Terminal Inquiry and Advisory Committee (EES) [2022] PPV 62 (5 October 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 office tower development. The cases involved a first principles approach to urban design in the absence of prescriptive built form controls.
• Ecosse Property Holdings Pty Ltd v Melton CC [2022] VCAT 409 (13 April 2022) Appearing with Jeremy Gobbo KC to successful object to a proposed 269 dwelling residential village. Key issues included traffic, urban design and environmental controls.
• Bellarine DAL -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 and visual impacts relating to the protective settlement boundary for 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 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).
• Owen v Boroondara CC (Red Dot) [2021] VCAT 175 Acting unled for the applicant objectors, successfully arguing 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. She was also successful in the earlier proceedings Young v Boroondara CC [2020] VCAT 353 (19 March 2020)
• Dixon v Port Phillip CC [2021] VCAT 819 (23 July 2021) Appeared unled for the permit applicant to successfully obtain approval for a major promotion electronic sky sign (advertising sign) on City Road, South Melbourne.