Penny Murray

acted in Land and Environment Court sentencing proceedings relating to a water pollution offence at a regional abattoir in New South Wales. The main issues in contention were adequacy of environmental protection measures and ecological impacts of the pollution offence.

advised Novm on its planning approvals for a $585 million and 1,200 lot residential subdivision at Moss Vale including advising on the satisfactory arrangements including negotiating a State voluntary planning agreement, sewerage servicing and preconditions to approval or works.

acted for multiple landowners and tenants in compulsory acquisition and land tax valuation matters including Inner West Council, City of Sydney Council, Shoalhaven Council, Dexus Alexandria Landfill, Specsavers, Chemist Warehouse, Pacific Bay Resort, Stockland, Mirvac, a motel, strata owners’ corporation, and a variety of private and residential owners and tenants.

advised Dexus on its Gateway retail and podium redevelopment at Circular Quay including advising on the heritage floor space controls and securing heritage floor space transfers, obtaining access to Council’s land for construction purposes and negotiating a voluntary planning agreement with Council.

provided planning advice in relation to a community title subdivision adjoining a national park near Forster. The site was ecologically sensitive and subject to state and local planning controls. Advised on the drafting of the planning agreement and the proposed controls in the draft amendment to the local environment plan and reviewed the various environmental management plans submitted to support the development and ensuring ongoing commitments with respect to environmental protection.

assisted in the clause 4.6 objection and the submission to the planning panel for approval of a residential apartment complex despite objection by the neighbouring developer.

advised on the planning due diligence for a developer’s response to a tender on a sports club and the form of seniors housing that could be approved on the site.

advised a company on the divestment of its land that was on the significantly contaminated land register and subject to a management order. Advised on the scope of vendor due diligence, expressions of interest, heads of agreement and warranties and indemnities in the sale contract.

advised Gannet Developments on its residential flat building and boarding house developments on Sydney’s northern beaches. Acted in multiple Land and Environment Court appeals, most of which were settled at conciliation conferences.

provided planning advice in respect of the staged approval for the redevelopment of 161 Castlereagh Street 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.

provided due diligence advice on the heads of agreement then sale agreement for the purchase of industrial land for a new subdivision by an ASX listed entity. The transaction was complicated by the existing EPA licence and adjoining resource uses and former landfill on adjoining land.

advised Lendlease on planning approval issues for Glenaeon retirement village and due diligence for purchase of a future retirement asset. Also advised on heritage approval issues and prepared and negotiated a heritage agreement with the Heritage Office regarding ongoing maintenance and restoration works to Morpeth House (a state heritage item) and other heritage items during the construction and operation of the seniors housing development. Other advice provided to Lend Lease has related to environmental compliance, responding to environmental incidents and various town planning and regulatory issues.

acted for the Lidis Group in defending a legal challenge to the rezoning and approval of its development in Parramatta. The matter was settled prior to hearing.

advised Coombes Property Group and Mirvac on the planning proposal and planning agreement for 505 George Street Sydney which at the time was the tallest residential tower in the Sydney CBD. Also advised Mirvac on its developments at 200 George Street, Sydney, 55 Pitt Street, Sydney, 275 Kent Street, Sydney, Australian Technology Park and West Pennant Hills.

advised Mirvac on its planning approval strategy for Australian Technology Park which has historical contamination and State and locally listed heritage items. Penny also advised Australand/Frasers on planning approval strategies for Discovery Point and Multiplex on King Street Wharf including the staging of the project, permissibility of underground uses and floor space ratio allocation.

represented a developer landowner in relation to an appeal by a former owner in respect of a management order issued by the Environment Protection Authority for the remediation of contaminated soil and groundwater. The appeal was resolved by the parties resulting in a voluntary remediation agreement.

advised on multiple retail developments including planning proposals and development applications and associated voluntary planning agreements. Advice included Tweed Shopping Centre for Elanor Investments and Bankstown Shopping Centre for Vicinity Centres.

provided planning advice for these non-profit entities on various seniors and affordable housing developments. Such as a memorandum of understanding with Council in respect of provision of affordable housing, the scope of modifications and plan of managements.

advised Yuhu on its development application for the redevelopment of the Eastwood Shopping Mall precinct including the clause 4.6 objection and planning agreement.