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Real Estate Services

Planning and Environment

We can assist with planning and development issues prior to, during, and in the post development phases of projects, including advising on land use, changes to development applications or approvals, and challenging conditions of approvals. Our work spans the full ambit of the land use spectrum, from assisting with due diligence to conducting Planning and Environment Court appeals, enforcement proceedings and advising on resumptions and resultant compensation.

Examples of our work

Land use negotiations

Our lawyers have represented landowners in negotiations with local government and departmental agencies in relation to proposed changes to planning instruments affecting land and development rights.

Due diligence 

A member of our team carried out due diligence on behalf of the prospective purchaser of a hospital to determine the lawfulness of various uses on the site and the status of issued development approvals.

Enforcement proceedings

A member of our team represented a respondent to enforcement proceedings brought by a local council seeking extensive remediation works as a result of alleged breaches of planning instruments. These proceedings involved a review of planning instruments spanning four decades, and consideration of pre-existing lawful use rights.

Land resumption and compensation

Acting on behalf of a landowner in respect of resumption of land abutting commercial premises, triggering complex planning, traffic, and valuation issues.

Cooperative resolution of appeals

Selina Nutley chaired, on behalf of a developer client, a multi-disciplinary team including town planners, urban designers, and ecological experts, which undertook a structure planning exercise to cooperatively resolve a Planning and Environment Court appeal against refusal of a 300-lot residential subdivision. The exercise directly led to the development being approved by the Planning and Environment Court, and went on to win a Planning Institute of Australia Excellence in Planning Administration Award.

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Contact McMahon Clarke

T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000