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.
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.
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.
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.
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.
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.
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.
Penny acted for a landowner in defending Land and Environment Court proceedings that allege breaches of planning laws and the Water Management Act.
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.
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.
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.
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).
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.
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.
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.
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.
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.
Advised Australand on planning approval strategies for Discovery Point, Avon Road Pymble and a development at Lane Cove.