Expertise

TP Legal has a breadth and depth of experience and expertise and offers a range of legal services.

We frequently assist clients in relation to a range of residential development including single dwellings, dual occupancies, multi-unit townhouses, apartment buildings, residential towers, boarding houses, student accommodation, retirement villages, aged care facilities and subdivision.

We provide advice to clients in relation to all aspects of planning permits and planning scheme amendments. We provide representation and advocacy in hearings before VCAT and Planning Panels Victoria.  

We frequently assist clients in relation to a wide range of commercial, industrial and institutional land use, development and subdivision, including in relation to all aspects of planning permits, VCAT appeals, planning scheme amendments, and hearings before Planning Panels Victoria. For example, we have recently assisted a range of clients in relation to: 

•    Entertainment venues, licensed premises and gaming venues;
•    Food and drink premises;
•    Office developments;
•    Industrial developments;
•    Child care centres;
•    Medical centres and hospitals;
•    Service stations and car washes;
•    Telecommunication facilities;
•    Education centres;
•    Brothels;
•    Public open space and recreational areas;
•    Supermarkets and other retail.

We have experience dealing with a diversity of land use and development issues in the rural and regional context, including in relation to:

•    animal keeping and animal husbandry;
•    rural industry;
•    bushfire planning;
•    erosion and landslip;
•    coastal planning;
•    management of waterways;
•    airfields and use of aircraft;
•    subdivision and dwellings in rural areas.

We have expertise and experience in relation to environmental impact assessment at both State and Federal levels, and we understand the changing regulatory environment that applies to the protection, management, removal and offsetting of native vegetation.

We have particular skills in relation to restrictive covenants and section 173 agreements, including:

•    complex questions of interpretation;
•    the various mechanisms for varying and ending these instruments; and 
•    all associated VCAT disputes.

We have particular expertise in the field of heritage law, including both Aboriginal heritage and historic heritage. In relation to historic heritage, we frequently appear as advocates before VCAT and Planning Panels Victoria in relation to questions of heritage significance and heritage impacts.

In relation to Aboriginal heritage, we been involved in some of the significant decisions in relation to the interpretation and application of the Aboriginal Cultural Heritage Act 2008 and associated Regulations. 

We regularly guide clients through the difficult area of planning enforcement – this includes clients on both ‘sides of the fence’.

We also have experience with the full range of other planning law issues, including amendment of permits, expiry of permits, extensions of time, existing use rights, development contributions, public open space contributions, and a range of other VCAT proceedings such as ‘strike out’ applications, applications for declarations, and orders for costs.