Invested in Client Success

“To help my clients’ projects come to life, I apply critical and robust thinking to the intersection between law, fact, policy and expert opinion – and anticipate the factors that will influence the planning decision.”

Penny advises public and private sector clients in the property, development, infrastructure, energy, resources and manufacturing sectors on complex planning, environment and regulatory issues affecting their projects.

Penny draws on her dual qualifications in Resource and Environmental Management and Law to provide considered and strategic advice on matters such as environmental impact assessment, opportunities under planning law, and environmental risks in a context subject to public scrutiny and political discretion.

She also advises landowners and tenants on valuation matters relating to compulsory acquisition and land tax objections.

Penny is known for her deep experience, particularly in the Sydney Metropolitan area, developed assisting clients navigate planning regulation since 1999. She is highly regarded by her long-standing clients, peers and decision-makers in the sector, testament to her ability to anticipate concerns and navigate complex and contentious pathways to approval.

Abattoir

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.

Aoyuan/Novm

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.

Compensation and valuation

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.

Dexus

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.

Ecologically sensitive

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.

Epping

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.

Former sports club acquisition

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.

Fortune 500 company

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.

Gannet Developments

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.

Grocon

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.

Industrial

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.

Lendlease

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.

Lidis Group

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.

Mirvac

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.

Mixed use

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.

Pagewood contamination

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.

Shopping Centres

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.

UnitingCare, BaptistCare, RSL Lifecare

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.

Yuhu

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

Best Lawyers in Australia™ 

2014-2025 | Planning & Environment Law

Chambers Asia-Pacific: Australia

2024 | Environment & Planning

Doyle’s Guide Leading Lawyers — NSW

2014-2024 | Environment & Climate Change: Recommended

2024 | Town Planning & Development: Preeminent: 2024

2021-2023 | Town Planning & Development: Leading

The Legal 500 Asia Pacific

2017 | Real Estate: Recommended

UDIA NSW 

2018 | Distinguished Service Award

2015 | Commendation at the UDIA NSW Women in Leadership Awards for Excellence

Who’s Who Legal Australia & New Zealand

2023-2024 | Environment & Climate Change

  • Committee Member, NSW Law Society Planning and Development Committee
  • Alternate Member, City of Sydney Local Planning Panel (NSW) and Canterbury-Bankstown Local Planning Panel (NSW) (NSW)
  • Director, Urban Development Institute of Australia and Chairs of the NSW Planning Policy Committee (NSW) (NSW)
  • Member, Environmental Planning Law Association
  • Member, Property Council of Australia
  • Bachelor of Laws, Macquarie University
  • Bachelor of Science (Resource & Environmental Management), Macquarie University