Partner

Anthony Whealy

Anthony is a founding partner of the Mills Oakley Planning and Environment team. He has specialised in environmental, planning, and local government laws for 20 years. Anthony is renowned for his ability to obtain development approvals for his clients, often via Land and Environment Court proceedings, to facilitate appropriate property development and overcome red tape and delays.

Anthony is an Accredited Local Government and Planning Law Specialist, and is widely recognised as an expert in negotiating all aspects and stages of planning approvals, including rezonings, LEP amendments, and preparing Voluntary Planning Agreements. His wide recognition within the planning and development industry in NSW enables him to effectively represent his clients’ interests in negotiating with government authorities to achieve best possible outcomes.

Anthony’s ability to achieve outstanding results reflects his deep belief that planning laws should be applied flexibly on a case-by-case basis, rather than a ‘tick-the-box’ approach requiring strict numerical compliance for compliances’ sake.

Expertise

Anthony’s expertise includes:

  • Land use and property development – acting for developers, landowners, property investors, hoteliers, and consultants
  • Appeals to the Land and Environment Court in relation to development applications
  • Contaminated land litigation
  • Land tax (land valuation) appeals
  • Development issues relating to licenses premises (bars, hotels, and clubs)
  • Compulsory land acquisition compensation claims
  • Planning Agreements
  • Minimising developer Contributions
  • Representing landowners in relation to Council Orders and prosecutions
  • Easements and restrictive covenants on title.

Recent projects

  • Acting for Payce and Deicorp as the developers of the $200+ million developmentof the Kirrawee Brick Pit site.
  • Representing Mulpha with high-density residential development applications and Planning Proposals across landholdings in Norwest, comprising several thousand apartments.
  • Representing the owner of the Roxy Theatre site in Land and Environment Court proceedings regarding a proposed high-rise tower above the heritage item.
  • Representing ICD Property on the proposed tower redevelopment of the City Tattersals Club site in Sydney.
  • Achieving  approval of a large Dan Murphy’s retail outlet at the former Randwick Rugby Club site for Woolworths Ltd.
  • Representing Payce and Reckitt Benckiser in relation to the remediation of 25 hectares of industrial land at Melrose Park forfuture rezoning which led to approximately 4000 new dwellings,new community facilities and public parks.
  • Frequently acting for owners and developers in Court appeals relating to small – scale development projects such as single dwelling houses, dual occupancies, and subdivisions.

Professional Memberships / Accreditation & Activities

  • Preemminent, Planning and Environment Law, Doyle’s Guide.
  • Recommended Lawyer, Government Practice, Land Use and Zoning Law, Government Law, Best Lawyers in Australia.
  • Finalist, Planning and Environment Partner of the Year, Lawyers Weekly Partner of the Year Awards.
  • Recognised Lawyer, Planning and Environment Law, Best Lawyers in Australia.

    Sector

location

Sydney

Thinking

Planning & Environment
Land and Environment Court adopts a new way...
Planning & Environment
Surprising NSW Court of Appeal decision in...
Planning & Environment
Draft Housing SEPP released, reducing housing...
Planning & Environment
‘Build-to-rent’ back on in Central...
MO
Planning & Environment
Changes to Sydney construction ban
Planning & Environment
Build-to-rent housing scrapped in Central...
MO
Planning & Environment
Sydney construction work ‘paused’ due to...
Planning & Environment
Update: Calculating Gross Floor Area (for FSR...
Planning & Environment
Important Court decision on ‘desired future...
Planning & Environment
The newest layer of building regulation is...
Planning & Environment
New vendor tax on future development sites
Planning & Environment
Wider application of flood planning rules
Planning & Environment
Clause 4.6 requests: reforms are coming but...
Planning & Environment
“Ground Level (Existing)” – Everything...
Planning & Environment
Building Commissioner is flexing his new...
Planning & Environment
New planning agreement policy blows away poor...
Planning & Environment
‘Build-to-rent’ housing controls...
Planning & Environment
Sudden changes made to exempt and complying...
Planning & Environment
New pathway for local councils to reduce...
Planning & Environment
New expanded levy regime on residential flat...
Planning & Environment
NSW Government zooming ahead with new...
Planning & Environment
‘Build-to-rent’ and seniors housing...
Planning & Environment
Calculating Gross Floor Area (for FSR...
Planning & Environment
Rezoning appeals in the Land and Environment...
MO
COVID-19
The (Low) bar has been raised - NSW overhauls...
MO
COVID-19
COVID-19 now stops the 'clock' on lapsing of...
MO
COVID-19
COVID-19 does not (yet) stop the ‘clock’...
MO
COVID-19
NSW under official lockdown — full details...
MO
COVID-19
Wider bans on public and private activity,...
MO
COVID-19
Social life suspended — unprecedented ban...
Planning & Environment
It is Time to Act on NSW Land Tax
MO
COVID-19
New ‘gatherings’ order, streamlined...
Planning & Environment
A (much-needed) breath of fresh air for...
MO
COVID-19
New wide-ranging bans on indoor and outdoor...
MO
COVID-19
New criminal offence: Holding events with...
Planning & Environment
Government activates Coronavirus plan —...
Planning & Environment
Which local councils are fighting high-value...
Planning & Environment
The release of the Draft Design and Building...
Planning & Environment
New rules for construction certificates and...
Planning & Environment
The flaw in Sydney’s new ‘local strategic...
Planning & Environment
More delays: local strategic planning...

Special Counsel

Clare Collett