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James Oldknow

Special Counsel

Sydney

James is a planning and environment law specialist - working with private landowners, developers, town planners, architects and a range of experts in relation to minor to major projects in NSW.

James’ practice involves:

  • The preparation of strategic legal advice to determine the viability of development projects, including the interpretation of planning law provisions such as SEPPs, LEPs and DCPs.
  • Representation and advocacy at various planning panels, tribunals and Courts – with a significant component of work undertaken in the Land and Environment Court of NSW.

James is recognised as having a pro-development focus and a proven track record in the development approvals process to achieve quick and favourable outcomes.

He advises on all development sizes, typologies and land uses across the State, including all forms of residential accommodation, commercial, retail, pubs and hotels, tourist and visitor accommodation, rural subdivisions and industrial.

James has published several popular marketing articles having extensive knowledge of planning case law / judgments and he has featured as a guest on property and development related podcasts.

  • +61 434 868 871
  • +61 8035 7875

Memberships, Accreditation and Activities

  • Environmental Planning Law Association of NSW

Expertise

James’ expertise includes:

  • Planning merit appeals to the Land and Environment Court of NSW (in Class 1 and 2) to seek consent for development applications, modification applications and to challenge conditions of consent.
  • Judicial review appeals to the Land and Environment Court of NSW (in Class 4) to seek review of administrative decisions and to defend civil enforcement proceedings, including development control orders.
  • Strategic advice to inform, due diligence and all forms of planning applications (Development Applications, Modification Applications, State Significant Development Applications and related Integrated Development Approvals).
  • Strategic legal advice to inform proponent led Planning Proposals, Re-Zoning Reviews and Gateway Reviews.
  • The preparation and negotiation of (Voluntary) Planning Agreements.
  • Negotiating the creation and release of various easements, rights of way and restrictive covenants on title.

Recent Matters

  • Obtaining 5x (simultaneous) development consents in Kingsford to Kensington via Agreement in Court proceedings for a multi-national student accommodation provider (100+ million in approval value).
  • Obtaining several development consents for pub and hotel operators via Agreement in Court proceedings in Manly, Bondi Junction, Wentworthville, Cronulla, Five Dock, Chullora, Oran Park, Newcastle and Strathfield.
  • Obtaining several development consents and modification approvals via Court proceedings for private developers in respect of Sydney City heritage listed buildings for high end retail premises.
  • Acting for the developer to successfully overturn the Court’s refusal of development consent in Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 – a key Court decision regarding the operation of cl.4.6 variations for development applications.
  • Acting for the developer to successfully defend the Council’s legal challenge to the Court’s issue of a development consent in Randwick Council v Fusion Developments Pty Ltd [2023] NSWLEC 19.
  • Acting for the developer to successfully defend the Council’s legal challenge to the Court’s issue of a development consent in Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31 – the seminal Court decision regarding the “substantially the same” test for modification applications.
  • Acting for the developer in Wylde Oak Pty Ltd v The Council of the City of Sydney [2025] NSWLEC 1163 – a seminal Court decision regarding the demolition of contributory heritage buildings.

Memberships, Accreditation & Activities

  • Environmental Planning Law Association of NSW