Friday, 14 December 2018
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Helen Macfarlane
Telephone +61 2 8915 1004
Facsimile +61 2 8916 2004
Email Helen
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One of my key strengths is my tenacity.  I strive for the best outcome possible for my clients, whether it is advice work or litigation.  I want them to achieve their objectives as much as they do.  My clients trust me as part of their team.


The advice I give to clients is clear, concise and straightforward.


If the manner in which my clients seek to achieve their outcomes won’t work, I’ll tell them the bad news and then find a realistic, practical, timely and cost effective solution.


Despite my extensive experience in Land and Environment Court litigation, I aim to keep my clients out of Court proceedings where possible because of time and cost impacts.  Where proceedings are unavoidable, I endeavour to ensure that the issues in dispute are contained and the proceedings are conducted as expeditiously as possible.
 

I joined Addisons in May 2012 after nearly 12 years at Minter Ellison and 5 years at Norton Rose (formerly Deacons).
 

 

Qalifications

BA, LLB (Hons) – University of Sydney

 

Member, Planning and Regulatory Reform Committee, Urban Development Institute of Australia

 

Member, Environmental Planning Law Association

 

Member, Waste Management Association

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION

My expertise is in the fields of planning, environmental and heritage law. I was an alternate member of the New South Wales Heritage Council from 2000 to 2002.


My clients in this area include many of the major developers in Australia.

The work that I undertake for clients falls mainly within the following categories:

 

  • Project planning advice including structuring, preparing and reviewing rezoning proposals, (former) Part 3A applications and development applications

  • Planning approvals for infrastructure, in particular universities and schools

  • The preparation and negotiation of Voluntary Planning Agreements

  • Pre-purchase planning advice and due diligence

  • All aspects of Land and Environment Court litigation including planning approval appeals, enforcement proceedings, the determination of compensation following the compulsory acquisition of land and defence of criminal prosecutions for environmental offences

  • Heritage Law advice

  • Compulsory acquisition and compensation advice

  • Valuation of land

  • Rates

  • Land Tax

  • Contaminated land and pollution advice

 

Qalifications

BA, LLB (Hons) – University of Sydney

 

Member, Planning and Regulatory Reform Committee, Urban Development Institute of Australia

 

Member, Environmental Planning Law Association

 

Member, Waste Management Association

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Bega Cheese
Advised on the planning and environmental due diligence relating to Bega Cheese’s acquisition of Mondelez's Australian and New Zealand grocery and cheese business.
View Full Case Study
Mirvac
Helen advised Mirvac on planning issues concerning the redevelopment of 200 George Street Sydney for a commercial building under the City of Sydney’s alternative height provisions applying to sites within the Alfred, Pitt, Dalley and George Streets block.
View Full Case Study
Lendlease Communities
Advising Lendlease Communities in relation to the negotiation and preparation of a planning agreement with the Minister for Planning and a planning agreement with the Council for the Mount Gilead project.
View Full Case Study
Lendlease Communities
Helen was part of the team acting for Lendlease Communities in relation to the Calderwood Urban Development. This matter included negotiating variations to a planning agreement with the Minister for Planning and negotiating infrastructure contributions with the relevant council.
View Full Case Study
WorleyParsons
Acted and advised it in relation to a prosecution against it under the Mining Act 1992 concerning information that was included in a mining application relating to the Bylong Valley coalmine project. The matter was resolved with the Department of Industry, Division of Resources and Energy by way of an enforceable undertaking given by WorleyParsons, and without any conviction against WorleyParsons.
View Full Case Study
Coolmore Australia
Acted in relation to its successful objection to a Part 3A application and a subsequent State significant development t application for the Drayton South Mine Project in the Hunter Valley proposed next door to Coolmore’s world renowned thoroughbred breeding farm at Jerrys Plains. The instructions included advising Coolmore on planning and environmental law but mining tenements – exploration licences and mining leases under the Mining Act 1992
View Full Case Study
Woolworths
Acting in relation to the proposed compulsory acquisition by Transport for NSW of one of its Dan Murphy’s stores.
View Full Case Study
Penrith Lakes Development Corporation
Advised on the realisation of the Penrith Lakes Scheme including on rezoning, rates and land tax issues, and development contributions payable as part an offer by PLDC to enter into a planning agreement.
View Full Case Study
Macquarie University
Helen is advising the University on the various planning approvals required and relevant approval pathways for the expansion of the University campus pursuant to a Part 3A concept plan approval, and negotiating and drafting planning agreements with the Department of Planning and Ryde City Council, on behalf of the University.
View Full Case Study
Westfield
Helen advised Westfield on the redevelopment options and constraints for the redevelopment of the Sydney Tower, Imperial Arcade and Sky Garden sites in the Sydney CBD. The instructions included acting for Westfield in various Land and Environment Court and Court of Appeal proceedings.
View Full Case Study
Walker Corporation
Helen acted in proceedings in the Land and Environment Court, the Court of Appeal of New South Wales and the High Court of Australia relating to the payment of compensation to Walker Corporation resulting from the acquisition of land at Ballast Point by the Sydney Harbour Foreshore Authority.
View Full Case Study
Department of Defence
Helen advised on all aspects of the disposal of a 50 hectare site at Bundock Street, Randwick and the disposal of a 19 hectare site at Spurway Street, Ermington with the aim of maximising the value of the sites prior to their disposal by the Department of Defence. The work included the preparation and finalisation of master plans for each site and consequent development applications.
View Full Case Study
 

Qalifications

BA, LLB (Hons) – University of Sydney

 

Member, Planning and Regulatory Reform Committee, Urban Development Institute of Australia

 

Member, Environmental Planning Law Association

 

Member, Waste Management Association

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21/8/2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
View Full Focus Paper
Easements of Necessity - Why developers need to be careful relying on access from an adjoining property
12/6/2018
A recent decision of the Land and Environment Court (Court) is a reminder to developers that they cannot assume that an order for an easement of necessity, such as a right of carriageway, will be made by a judge of the Court
View Full Focus Paper
New Educational Establishments State Planning Policy: significant changes to the planning approval pathways for private schools in New South Wales
11/9/2017
Existing private schools that are registered non-government schools under the Education Act 1990 (NSW) can now carry out many forms of development without the need to lodge a development application with the local council.
View Full Focus Paper
This is Sirius: Undue financial hardship as a basis for opposing the proposed listing of a property on the NSW State Heritage Register
18/8/2017
Landowners and developers need to be aware of the meaning of the phrase “undue financial hardship” as a basis for opposing the listing of their property on the NSW State Heritage Register (SHR).
View Full Focus Paper
Short-term rental accommodation: Airbnb and Stayz are likely to stay but the party house is over
26/4/2017
Amendments are proposed by the New South Wales Government to a number of environmental planning instruments to permit and regulate short-term rental accommodation of dwellings (STRA).
View Full Focus Paper
Strata Renewal Plans and Strata Renewal Proposals – Will the redevelopment of redundant apartment buildings be more achievable for owners and developers?
16/3/2017
The Strata Schemes Development Act 2015 that commenced on 30 November 2016 offers significant benefits to the development industry by way of a new process that enables lot owners to end outdated strata schemes for sale or redevelopment purposes.
View Full Focus Paper
NSW Planning Reform: A new world order?
6/3/2017
Developers should be prepared for a potential new planning world order as the draft Environmental Planning and Assessment Amendment Bill 2017 (the Draft Bill) is released for public consultation.
View Full Focus Paper
Construction Certificate not Invalid if it is Inconsistent with the Relevant Development Consent
15/12/2014
Approved construction certificate drawings that are inconsistent with the relevant development consent drawing do not render the construction certificate invalid, according to the New South Wales Court of Appeal.
View Full Focus Paper
Section 149 planning certificates: Shifting Sands
20/11/2014
Councils are currently required to include in section 149 planning certificates (Planning Certificates) information about whether or not the land is affected by a council or public authority policy that restricts development on the property because of the likelihood of risks such as coastal erosion and tidal inundation.
View Full Focus Paper
Proposed changes to State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (SEPP 65) and Residential Flat Design Code may affect current development applications
29/9/2014
Developers should consider seeking legal advice as to how the proposed changes to SEPP 65 and the new draft Apartment Design Guide may affect any current development applications they may have.
View Full Focus Paper
'Easements of Necessity' – When the Land and Environment Court may be the more appropriate forum
25/9/2014
Developers need to consider carefully the most appropriate Court to apply for an order for an easement of necessity. Failure to do so can cause delays and incur further costs even if the easement is granted by the Court.
View Full Focus Paper
 

Qalifications

BA, LLB (Hons) – University of Sydney

 

Member, Planning and Regulatory Reform Committee, Urban Development Institute of Australia

 

Member, Environmental Planning Law Association

 

Member, Waste Management Association

Latest Knowledge
Australian Government Proposes Scheme to Block Illegal Offshore Wagering Websites
13 December 2018
The Australian Federal Government is reviewing the possibility of introducing an Internet filtering scheme which would result in participating internet service providers (ISPs) blocking illegal offshore wagering websites which have been referred to the ISPs by the Australian Communications and Media Authority (ACMA).
MORE INFORMATION
Direct Selling Legal Update - December 2018
06 December 2018
There have been a number of significant legal developments which impact upon the direct selling sector in the second half of 2018. In this newsletter, we take a closer look at some of those developments.
MORE INFORMATION
Commercialisation of Intellectual Property
14 November 2018
In this edition of BenchTV, Partner, Donna Short and Special Counsel, Hazel McDwyer discuss the phases of a commercialisation project, the types of intellectual property in commercialisation agreements, and the need for the protection of intellectual property both on a domestic and global scale.
MORE INFORMATION