Property & Planning

Developers, investors, owner occupiers and tenants value our knowledge and experience of the complexities of commercial property transactions, and appreciate our ability to deliver solutions that help them to achieve their commercial objectives.

Commercial Property

Our clients benefit from our extensive commercial property experience (including office, retail, hotels and leisure, industrial, health and aged care, agribusiness and high-end residential) and industry knowledge, enabling us to deliver tailored, commercial solutions to a range of issues including:

  • Property acquisitions and disposals;
  • Commercial, industrial and retail leases; variations to, surrender or assignments of leases; right of entry waivers;
  • Development agreements, construction agreements and agreements for lease;
  • Due diligence reporting;
  • Planning and use issues;
  • Facilities management and services agreements;
  • Ongoing asset management support as and when required throughout the duration ownership or occupation; and
  • Property-related dispute resolution.

Planning & Environment

Many of our clients – whether local councils or commercial, industrial or retail developers – are required to administer or comply with detailed and often complex planning, heritage and environmental regulations.

We work closely with our clients in relation to a broad range of issues, drawing on our deep industry knowledge and ability to ensure that regulations are enforced or complied with in the most efficient and commercially focused way. Our experience includes:

  • Development, assessment and application of planning scheme standards in relation to heritage, biodiversity and subdivisions;
  • Representation at mediation and in appeals before planning tribunals and the Supreme Court;
  • Prosecution and enforcement proceedings concerning breaches of planning schemes;
  • Planning scheme amendments;
  • Guidance and advice on applications to amend sealed plans; and
  • Representation and advice on environmental matters.

 Finance and Securities

Our clients include lenders such as Rabobank Australia Limited, Rural Bank Limited and Bendigo and Adelaide Bank Limited, where we have a particular expertise in the agribusiness sector.

We work closely with our clients in respect to the preparation of:

  • Mortgages;
  • General Security Agreements;
  • Specific Security Agreements;
  • Water Mortgages;
  • Right of Entries;
  • Guarantees; and
  • Mortgage of Leases.

Examples of our team’s property and planning experience include:

  • Acting for Shopping Centres Australasia (SCA Property Group) with respect to acquisitions, retail leasing and sales of shopping centres in Victoria and Tasmania;
  • Acting for Australian Unity Investments in respect of numerous sales and leasing of commercial, industrial and shopping centre properties in Victoria, NSW and Queensland;
  • Acting for Healthscope in respect of various healthcare property acquisitions, development projects, agreements for lease and long term leases, including Holmesglen Private Hospital, Gold Coast Private Hospital, Allamanda Private Hospital, Sydney Southwest Private Hospital, and Newcastle Private Hospital;
  • Acting for Citta Property Group in relation to Redevelopment of Hobart Parliament Square;
  • Acting for the University of Tasmania in the development of a new 430 bed accommodation in the Hobart CBD;
  • Acting for Centacare Evolve’s acquisition and management of a 1,000 property community housing portfolio from the Tasmanian State Government;
  • Acting for Montague Cold Storage in the acquisition, development, construction, sale and long term lease-back of its new $50M refrigerated logistics facility in the Melbourne suburb of Truganina;
  • Acting for Devonport City Council in relation to Phase 1 of its $250M CBD redevelopment project;
  • Acting for House Corporate Pty Ltd (Lew Group) in relation to its lease negotiations for 55 former Robins Kitchen retail premises in NSW and Queensland;
  • Acting for AMP Capital, Cbus Property, ISPT, Australia Post, McDonald’s Australia and Tattersalls Group in respect of their commercial, industrial and retail leasing transactions;
  • Successfully acted for a developer in an application to the planning authority for a 600 lot subdivision;
  • Successfully acted for an unlisted property fund in an appeal to the planning tribunal and Supreme Court against a heritage listing of a major CBD office building;
  • Successfully acted for a shopping centre owner in respect of a development refusal by the local Council in an appeal to the planning tribunal and to the Supreme Court; and
  • Successfully acted for a major tourism operator in respect of an objection to a development approval to the planning tribunal.

CONTACT OUR TEAM

For advice on all Property and Planning issues please contact:

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