Tuesday, 12 November 2019
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Penny Murray
With dual qualifications in science and law, my role is not to focus on pure legal issues but to apply critical and robust thinking to the intersection between fact, expert opinion and law.
Telephone +61 2 8915 1031
Facsimile +61 2 8916 2000
Email Penny
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I provide complex planning, environment and government advice to both public and private sector clients in the property, development, infrastructure, energy, resources and manufacturing sectors since 1999. I also advise on land acquisition, compensation and valuation matters.


With dual qualifications in science and law, my role is not to focus on pure legal issues but to apply critical and robust thinking to the intersection between fact, expert opinion and law. This is particularly important in environment and planning law when advising on such matters as environmental impact assessment and environmental risks in a context that is subject to public scrutiny and political discretion.


I joined Addisons in January 2018. Prior to Addisons I was a partner at Dibbs Barker and Minter Ellison lawyers.

 

Rankings
  • Recommended lawyer in Asia Pacific Legal 500 for 2017 in real estate.
  • Expert in Planning and Environmental Law in Best Lawyers for 2014-2017.
  • Leading Environmental Lawyer – NSW in Doyle’s Guide to the Australian Legal Profession.

 

Committee Positions
  • Current Vice Chair of the Urban Development Institute of Australia (NSW) Planning Standing Committee.

 

Awards
  • Awarded the UDIA NSW Lefand Group Distinguished Service Award in 2018.
  • Received a commendation at the UDIA NSW Women in Leadership Awards for Excellence in 2015. 
 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
TGA proposal to declare various sports supplements are therapeutic goods: submissions close on 3 December 2019
30 October 2019
The way in which sports supplements are regulated in Australia is being reviewed, which could lead to significant changes to the way these products are formulated, positioned and marketed.
MORE INFORMATION
Building & Construction Security of Payment Act, NSW: A constantly amended Act
29 October 2019
The NSW Security of Payments Act enables individuals and companies who do work in the construction industry to get paid quickly and to avoid insolvency.
MORE INFORMATION
An ASX-listed global investment manager
Appointed the project lawyer for a complex high-rise commercial tower and residential and retail precinct on Sydney harbour valued at over $1bn requiring the retention of the existing concrete structure and hazardous materials remediation. Advised on request for tender conditions, construction contracts (in which obligations under agreements for lease, current and future authority requirements, finance documentation were considered and backed down), other project documentation (such as consultancy agreements, supply agreements and novation deeds) and ongoing contract administration and project delivery issues.
MORE INFORMATION

In my over 20 years of practice I have developed sound skills in:

 

  • Advising on the interaction between different legislation, transitions in the legislation such as from Part 3A to State significant development projects and on legislative compliance for planning applications and approvals.
  • Scoping and advising on the adequacy of environmental assessment reports prior to submission to reduce the risk of rejection, delays, community concerns and appeals.
  • Advising on planning approval strategies and permissibility of various development proposals including the appropriate characterisation of the development.
  • Advising on the prospects of approval considering planning controls, the impacts of the development, authority policies, community concerns and planning principles established by the Land and Environment Court.
  • Acting in Land and Environment Court appeals for development applications, valuation of land, civil and criminal enforcement and judicial review.
  • Advising on environmental compliance, pollution incidents and EPA investigations
  • Advising on valuation of land matters for land tax and compulsory acquisition purposes including acting in Land and Environment Court appeals.
  • Conducting high level reviews of planning and environmental risks for a  large variety of industries including gold mines, manufacturing facilities (such as plastic packaging), abattoirs and livestock processing exchanges, solar energy farms, wind farms, telecommunication cables, warehouses, residential developments and seniors housing.
  • Advising on Commonwealth and other State environmental approvals such as for heritage, water, rivers and  biodiversity.

 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
TGA proposal to declare various sports supplements are therapeutic goods: submissions close on 3 December 2019
30 October 2019
The way in which sports supplements are regulated in Australia is being reviewed, which could lead to significant changes to the way these products are formulated, positioned and marketed.
MORE INFORMATION
Building & Construction Security of Payment Act, NSW: A constantly amended Act
29 October 2019
The NSW Security of Payments Act enables individuals and companies who do work in the construction industry to get paid quickly and to avoid insolvency.
MORE INFORMATION
An ASX-listed global investment manager
Appointed the project lawyer for a complex high-rise commercial tower and residential and retail precinct on Sydney harbour valued at over $1bn requiring the retention of the existing concrete structure and hazardous materials remediation. Advised on request for tender conditions, construction contracts (in which obligations under agreements for lease, current and future authority requirements, finance documentation were considered and backed down), other project documentation (such as consultancy agreements, supply agreements and novation deeds) and ongoing contract administration and project delivery issues.
MORE INFORMATION
Yuhu
Advised in relation to the redevelopment of the Eastwood Shopping Centre including advising on the clause 4.6 objection and the letter of offer and Voluntary Planning Agreement.
View Full Case Study
Dexus
Advised Dexus on its retail podium redevelopment at Gateway, Circular Quay. Penny’s role included advising on the heritage floor space controls, securing heritage floor space transfers, obtaining access to Council’s land for construction purposes and negotiating a voluntary planning agreement with Council.
View Full Case Study
Mirvac
Penny is advising Mirvac on its redevelopment of the ground plane and podium for 275 Kent Street, Sydney. This site has complicated titling and planning approvals and required a VPA and agreements with RMS in relation to the Western Distributor.
View Full Case Study
Gillespies Cranes
Penny acted in relation to the compulsory acquisition by RMS of the company’s Rozelle headquarters for the WestConnex Motorway project. Her role included engaging consultants and preparing submissions to RMS and then the Valuer-General.
View Full Case Study
Grocon
Penny provided planning advice in respect of the staged approval for the redevelopment of 161 Castlereagh St now called Liberty Place and the ANZ headquarters including advice on transitional provisions in the local environmental plan, modification powers, floor space ratio and permissibility for certain uses.
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Lidis Group
Penny acted for the Lidis group in defending a legal challenge to the rezoning and approval of its development in Parramatta by neighbouring owners. The matter was settled prior to hearing.
View Full Case Study
Ecologically sensitive
Provided planning advice in relation to a community title subdivision adjoining a National Park at Seven Mile Beach near Forster. The site was ecologically sensitive and subject to State and local planning controls. Penny advised on the drafting of the planning agreement and the proposed controls in the draft amendment to the LEP and reviewed the various environmental management plans submitted to support the development and ensuring ongoing commitments with respect to environmental protection.
View Full Case Study
Civil enforcement
Penny acted for a landowner in defending Land and Environment Court proceedings that allege breaches of planning laws and the Water Management Act.
View Full Case Study
Seniors and affordable housing
Penny has acted for various landowners and developers in relation to development proposals relying on SEPPs. Her advice has related to such matters as permissibility, inconsistency between LEP and SEPP controls, character compatibility and site compatibility certificates.
View Full Case Study
Alexandria landfill
Penny is acting for the Dial a Dump group in relation to appealing its compensation notices for the wholesale resumption of over 17ha of land at St Peters in 2015. Some of the remaining matters are before the Land and Environment Court and have involved legal hearings on the rights to claim compensation and complex merit issues relating to the highest and best use and value to be attributed to the industrial land.
View Full Case Study
Resumption
Penny acted for a landowner impacted by the resumption of an adjoining road and its subsequent closure. Penny assisted in lodging a claim for compensation which was denied. The Land and Environment Court and then the Court of Appeal confirmed her client was entitled to compensation which was ultimately settled with the government authority.
View Full Case Study
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).
View Full Case Study
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.
View Full Case Study
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.
View Full Case Study
AkzoNobel
Acted for AkzoNobel on the remediation and divestment strategy of land at Grand Avenue, Camellia. The land was listed on the significantly contaminated land register and was subject to a voluntary management agreement at the time of its disposal to Bilbergia.
View Full Case Study
Elanor
Acted as part of a team for Elanor Investments on its environment and planning due diligence for the purchase of Auburn Shopping Central and in advising on various other planning matters.
View Full Case Study
Gannet Developments
Advised Gannet Developments on its residential flat building and boarding house developments on the northern beaches. Acted in multiple Land and Environment Court appeals - all of which (excluding one modification) were settled at conciliation conferences.
View Full Case Study
Australand
Advised Australand on planning approval strategies for Discovery Point, Avon Road Pymble and a development at Lane Cove.
View Full Case Study
 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
TGA proposal to declare various sports supplements are therapeutic goods: submissions close on 3 December 2019
30 October 2019
The way in which sports supplements are regulated in Australia is being reviewed, which could lead to significant changes to the way these products are formulated, positioned and marketed.
MORE INFORMATION
Building & Construction Security of Payment Act, NSW: A constantly amended Act
29 October 2019
The NSW Security of Payments Act enables individuals and companies who do work in the construction industry to get paid quickly and to avoid insolvency.
MORE INFORMATION
An ASX-listed global investment manager
Appointed the project lawyer for a complex high-rise commercial tower and residential and retail precinct on Sydney harbour valued at over $1bn requiring the retention of the existing concrete structure and hazardous materials remediation. Advised on request for tender conditions, construction contracts (in which obligations under agreements for lease, current and future authority requirements, finance documentation were considered and backed down), other project documentation (such as consultancy agreements, supply agreements and novation deeds) and ongoing contract administration and project delivery issues.
MORE INFORMATION
Rocky Hill mine refusal: it wasn't really about climate change, but visual and social impacts
5/3/2019
On 8 February 2019 the Chief Justice Preston of the Land and Environment Court refused to grant development consent to a new proposed open cut coal mine near Gloucester in the NSW mid-north coast. The decision led to numerous media articles claiming it was a landmark decision because of its refusal based on the likely greenhouse gases that would be emitted when the coal is used to make steel rather than directly by the coal mining operation itself.
View Full Focus Paper
Checklist for preventing the lapsing of NSW development consents
25/1/2019
In NSW it can take many months and sometimes years to obtain planning approval for development on new projects. This means that the economic and financial context and the market demand for a project can change in this timeframe such that it may not be the right time to implement the approved project by the time it is approved.
View Full Focus Paper
The NSW Container Deposit Scheme – 'Return and Earn'
12/11/2018
In an earlier Focus Paper, we outlined the regimes for the regulation of waste in Australia and referred to the Australian Packaging Covenant. In this paper, we provide insight into the recently introduced NSW-based container deposit scheme.
View Full Focus Paper
Australia's War on Waste
19/10/2018
There has been a greater focus in Australia in recent months on the environmental consequences of waste and, in particular, the generation of waste from packaging particularly in light of the restrictions on exportation of recyclable waste to China. In late September 2018, new National Waste Targets for 2025 were revealed including an aim that 100% of all Australia’s packaging will be reusable, recyclable or compostable by 2025.
View Full Focus Paper
 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
TGA proposal to declare various sports supplements are therapeutic goods: submissions close on 3 December 2019
30 October 2019
The way in which sports supplements are regulated in Australia is being reviewed, which could lead to significant changes to the way these products are formulated, positioned and marketed.
MORE INFORMATION
Building & Construction Security of Payment Act, NSW: A constantly amended Act
29 October 2019
The NSW Security of Payments Act enables individuals and companies who do work in the construction industry to get paid quickly and to avoid insolvency.
MORE INFORMATION
An ASX-listed global investment manager
Appointed the project lawyer for a complex high-rise commercial tower and residential and retail precinct on Sydney harbour valued at over $1bn requiring the retention of the existing concrete structure and hazardous materials remediation. Advised on request for tender conditions, construction contracts (in which obligations under agreements for lease, current and future authority requirements, finance documentation were considered and backed down), other project documentation (such as consultancy agreements, supply agreements and novation deeds) and ongoing contract administration and project delivery issues.
MORE INFORMATION