Align Law

Planning & Environment

Align Law has experienced Accredited Specialists in planning and environment law to assist both public and private clients on all areas of planning and environment law including advice to ensure that clients have all the required approvals for their developments.

Align Law assist clients in obtaining planning permits for commercial, retail and residential developments and offer advice in negotiating conditions with Councils and objectors to planning applications. We also prepare Section 173 agreements which are often required as part of the planning approval process.

Align Law is experienced in appearing before VCAT and Planning Panels Victoria (PPV) and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court.

Align Law is able to assist with all aspects of planning and environment law with particular areas of expertise including:

  • applications for planning approvals under the Planning and Environment Act 1987 and relevant Planning Schemes;
  • enforcement proceedings under the Planning and Environment Act 1987;
  • drafting Section 173 agreements required by applicants and Councils;
  • planning appeals to VCAT against Council decisions involving application rejections, unsatisfactory amendments and unworkable time constraints;
  • contaminated land, waste management and industrial development;
  • allocation of contamination risk in leases, share purchase agreements and infrastructure project deeds;
  • subdivision and development contributions;
  • aboriginal cultural heritage;
  • water law;
  • biodiversity law and offsets;
  • compliance and enforcement; and
  • judicial review and Supreme Court appeals from VCAT.

Notable projects

  • APPEARANCES BEFORE VCAT AND PLANNING PANELS VICTORIA (PPV)

    Advocated for clients at VCAT, PPV, Supreme Court and Magistrates’ Court on various planning issues including:

    • contaminated land, waste management and industrial development;
    • contamination risk in leases, share purchase agreements and infrastructure project deeds;
    • subdivision and development contributions;
    • aboriginal cultural heritage;
    • water law;
    • biodiversity law and offsets;
    • compliance and enforcement; and
    • judicial review and Supreme Court appeals from VCAT.
  • VOCO DEVELOPMENT AND PLANNING DISPUTE

    Acted for a developer on all aspects of a major $100 million mixed use development which included a hotel, commercial offices and residential apartments. This included a successful opposition to an objector appeal at VCAT under section 82 of the Planning and Environment Act 1987, the first time such legislation has been tested in Victoria.

  • REMEDIATION AGREEMENTS AND GROWTH AREA PLANNING

    Acted for various clients in the drafting of remediation agreements to regulate the staged development of complex sites subject to environmental audit requirements.

    Appearing for planning authorities in relation to several precinct structure plans.

  • ADVICE ON SCOPING REQUIREMENTS FOR REMEDIATION

    Acted for Development Victoria and provided advice on scoping requirements for remediation of the former Fitzroy Gasworks.

  • MIXED USE TOWER PERMIT

    Represented a developer client before the Fisherman’s Bend Standing Advisory Committee in relation to its mixed use tower within the Montague Street Precinct in respect of a $100 million development.

  • SUBURBAN RAIL LOOP EAST NEGOTIATIONS

    Negotiated a compensation claim on behalf of the affected developer client for foundational design changes required to an apartment development as a result of the SRL East Design and Development Overlay.