Sunday, 22 April 2018

Natalie Rodwell
Telephone +61 2 8915 1069
Facsimile +61 2 8916 2069
Email Natalie
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My experience is in providing advice to private and government clients in relation to all areas of environment, planning and administrative law, particularly in relation to high profile urban renewal projects.

 

The clients I advise are developers of landmark major projects and my work often includes environmental litigation on high value projects. My experience in litigation particularly relates to administrative appeals, judicial review, objector appeals, Class 1, Class 3 and Class 4 litigation in the Land and Environment Court. In addition I have built experience in general commercial litigation.

 

Clients benefit from my detailed knowledge of approval processes for:

 

 

  • Major projects;
  • Part 3A and transitional Part 3A;
  • State Significant Development;
  • State Significant Infrastructure;
  • Part 4;
  • Part 5; and
  • Exempt and complying development.

 

Significant projects on which I have advised clients include  complex developments, particularly those involving heritage, urban design, biodiversity, ecology, visual impact and contamination issues. I have also advised multi-national companies in relation to environment protection licences, environmental compliance, responding to regulatory action and contaminated land in the context of logistics, extractive industries, industrial, service station, residential and commercial development.

 

My objectives in advising my clients begin with a comprehensive understanding of their needs and to map a solution that leads to the achievement of an efficient and successful result.

 

Qualifications

BA LLB - University of Technology Sydney

Latest Knowledge
EPA Prosecution
Advised multiple entities on EPA investigations and prosecutions in the Land and Environment Court. Clients have included Multiplex Constructions, Cabonne Council, Thiess/Hochtief, Xstrata, lllawarra Coke and Coal and BHP Steel (AIS).
MORE INFORMATION
Contaminated development site
Represented a developer landowner in relation to an appeal by a former owner in respect to a management order issued by the EPA for the remediation of contaminated soil and groundwater caused by historical manufacturing operations. The appeal was resolved by the parties resulting in a voluntary remediation agreement and then the future sale and redevelopment of the property.
MORE INFORMATION
Finance
Advised the financier in respect to the Huntlee New Town project in respect to a legal challenge to the planning approval and shadowed the solicitors with conduct of the defence. Conducted due diligence for a banking syndicate on the Frasers Central development which was the largest residential development finance at the time since the GFC.
MORE INFORMATION

My expertise relates to:

 

  • Advising developers, statutory authorities and government in relation to development approvals particularly in relation to Major Projects, Part 3A, transitional Part 3A, State Significant Development, State Significant Infrastructure.  Also in relation to Part 4 and Part 5 development as well as exempt and complying development, in relation to mining, quarrying, residential, commercial and industrial development.
  • Conducting litigation in the Land and Environment Court of NSW, the Supreme Court and Local Court with respect to merit appeals, judicial review, civil enforcement, defence of criminal prosecutions, the compulsory acquisition of land and general commercial litigation.
  • Advising in relation to waste regulation, environment protection licences, contaminated land, environmental crime, pollution incidents and environmental compliance.
  • Advising and negotiating voluntary planning agreements.
  • Advising in relation to planning proposals for complex and contentious re-zoning applications.
     
 

Qualifications

BA LLB - University of Technology Sydney

Latest Knowledge
EPA Prosecution
Advised multiple entities on EPA investigations and prosecutions in the Land and Environment Court. Clients have included Multiplex Constructions, Cabonne Council, Thiess/Hochtief, Xstrata, lllawarra Coke and Coal and BHP Steel (AIS).
MORE INFORMATION
Contaminated development site
Represented a developer landowner in relation to an appeal by a former owner in respect to a management order issued by the EPA for the remediation of contaminated soil and groundwater caused by historical manufacturing operations. The appeal was resolved by the parties resulting in a voluntary remediation agreement and then the future sale and redevelopment of the property.
MORE INFORMATION
Finance
Advised the financier in respect to the Huntlee New Town project in respect to a legal challenge to the planning approval and shadowed the solicitors with conduct of the defence. Conducted due diligence for a banking syndicate on the Frasers Central development which was the largest residential development finance at the time since the GFC.
MORE INFORMATION
Lend Lease
In relation to the procurement of all necessary planning approvals for the redevelopment of the Barangaroo site including the concept plan, major project and State significant development approvals as well as numerous modifications to those approvals.
View Full Case Study
Lend Lease
In relation to the options available to enable the proposed development of the Crown casino, integrated resort and hotel facilities within the Barangaroo site, including the proposed modification to the Concept Plan to facilitate the Crown development.
View Full Case Study
Lend Lease
In Class 1 merit proceedings and Class 4 judicial review proceedings brought by Jemena Limited in relation to the Block 4 remediation development approval which relates to the remediation of part of the area within Barangaroo that was declared by the EPA to be significantly contaminated.
View Full Case Study
Lend Lease
In relation to the redevelopment of the Sydney International Convention, Exhibition and Entertainment Precinct (SICEEP), including the procurement of all necessary major project planning and development approvals for the entertainment core facilities precinct.
View Full Case Study
Various developers
I have extensively advised developers in relation to low, medium density and high-rise residential, industrial, educational establishments, commercial, residential, retail and mixed use developments. This has included advising on planning and development approval requirements, compliance with applicable development controls, liability for and the ability to levy developer contributions, existing use rights, negotiating developer agreements and acting in planning merit appeal proceedings.
View Full Case Study
Various multi-national corporations
I have advised in relation to the sale and leasing of contaminated land and liability for the future management of contamination under the Contaminated Land Management Act 1997. This has included drafting special conditions to be included in Contracts for Sale and advising on liability and responsibility for contamination post sale.
View Full Case Study
NSW Government agencies
I have advised various NSW government agencies including Sydney Buses, Roads and Maritime Services, Sydney Trains, RailCorp, Western Sydney Parklands Trust in relation to proposed developments for their own facilities as well for developments affecting their facilities and assets and in relation to environmental compliance and environment protection licences.
View Full Case Study
 

Qualifications

BA LLB - University of Technology Sydney

Latest Knowledge
EPA Prosecution
Advised multiple entities on EPA investigations and prosecutions in the Land and Environment Court. Clients have included Multiplex Constructions, Cabonne Council, Thiess/Hochtief, Xstrata, lllawarra Coke and Coal and BHP Steel (AIS).
MORE INFORMATION
Contaminated development site
Represented a developer landowner in relation to an appeal by a former owner in respect to a management order issued by the EPA for the remediation of contaminated soil and groundwater caused by historical manufacturing operations. The appeal was resolved by the parties resulting in a voluntary remediation agreement and then the future sale and redevelopment of the property.
MORE INFORMATION
Finance
Advised the financier in respect to the Huntlee New Town project in respect to a legal challenge to the planning approval and shadowed the solicitors with conduct of the defence. Conducted due diligence for a banking syndicate on the Frasers Central development which was the largest residential development finance at the time since the GFC.
MORE INFORMATION
Pulling the trigger: re-enlivening deemed refusal appeal rights
24/7/2017
The decision of the Land and Environment Court in Lateral Estate Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 6 (Lateral Estate) suggests that where a developer amends a DA and these amendments are accepted by the consent authority, deemed refusal appeal rights can potentially arise allowing an applicant to commence a Class 1 appeal in the Land and Environment Court after the initial deemed refusal period has lapsed.
View Full Focus Paper
In the shadow of compulsory acquisition: Can sales to the acquiring authority be taken into account in assessing market value?
6/4/2017
Recent case law clarifies that sales by agreement to the acquiring authority are relevant to the assessment of market value and can be taken into account when assessing market value of nearby properties in the context of compulsory acquisition. Although these sales may require adjustment, where no comparable sales in the open market exist, valuers can rely solely on sales to the acquiring authority as the basis for valuing a property.
View Full Focus Paper
The final nail in the Transitional Part 3A coffin
12/1/2017
Minister for Planning Rob Stokes has followed through on his promise to end transitional arrangements for projects approved under the former Part 3A, including modifications.
View Full Focus Paper
Environmental Offences and Personal Director Liability: Are you Aware of the Risks?
12/11/2015
Directors and others involved in the management of organisations must take active steps to ensure that a corporation complies with environmental obligations imposed in relevant environment protection licences, conditions of development consent and general environmental law or risk personal prosecution with heavy penalties and possible imprisonment for breaches committed by a corporation.
View Full Focus Paper
 

Qualifications

BA LLB - University of Technology Sydney

Latest Knowledge
EPA Prosecution
Advised multiple entities on EPA investigations and prosecutions in the Land and Environment Court. Clients have included Multiplex Constructions, Cabonne Council, Thiess/Hochtief, Xstrata, lllawarra Coke and Coal and BHP Steel (AIS).
MORE INFORMATION
Contaminated development site
Represented a developer landowner in relation to an appeal by a former owner in respect to a management order issued by the EPA for the remediation of contaminated soil and groundwater caused by historical manufacturing operations. The appeal was resolved by the parties resulting in a voluntary remediation agreement and then the future sale and redevelopment of the property.
MORE INFORMATION
Finance
Advised the financier in respect to the Huntlee New Town project in respect to a legal challenge to the planning approval and shadowed the solicitors with conduct of the defence. Conducted due diligence for a banking syndicate on the Frasers Central development which was the largest residential development finance at the time since the GFC.
MORE INFORMATION