Ben advises property developers and land owners on planning, environmental and valuation law aspects of the development and use of land across NSW.
Ben has particular legal expertise in the rezoning of land, the procedural requirements for the making of planning decisions, easements in the context of developing land, and the valuation of land for land tax and acquisition purposes.
Clients value Ben’s ability to work alongside them as a trusted advisor and to help them make informed and effective strategic decisions, navigate risks and achieve practical outcomes, including on complex and novel issues. Clients recognise the value Ben brings to the table with his combination of legal expertise, real world commercial experience, and a technical background in the building/manufacturing industries.
Ben is a confident and effective advocate and regularly appears in the NSW Land and Environment Court and before Planning Panels, including the Independent Planning Commission.
Ben’s expertise includes:
- Rezoning Requests and Planning Proposals
- Compulsory acquisition and Land Tax valuation, and in particular gaining higher acquisition compensation and lower land tax valuations
- Easements required for, or impacting on, the development and use of land
- Procedural fairness in the making of environmental, planning and local government decisions
- Validity of development consents and environmental planning instruments.
- Development Applications and modifications (both pre and post determination)
- Use and development of land for cemeteries
- Litigation, including in the Land and Environment Court (Class 1, Class 3 and Class 4), Supreme Court and NCAT
- Drafting and negotiating Planning Agreements (VPAs)
- Council and other development controls orders
- Rezoning request and planning proposal to rezone iconic Sydney site from industrial to residential and recreation uses.
- Rezoning request for rezoning of industrial land in flood planning area to medium density residential including increase in maximum building height and Floor Space Ratio (FSR).
- Proposed acquisition by Council of an easement providing sole vehicular access to our Client’s commercial and retail property.
- Proposed acquisition by Council of our client’s rural/residential property for recreation uses.
- Advising on objections to land tax valuations across multiple residential, commercial and industrial sites.
- Development application for a proposed energy from waste facility with Land and Environment Court (Class 1) proceedings with satellite Court of Appeal challenge to validity of associated regulations.
- Development application for a 24 storey mixed use commercial/residential development requiring clause 4.6 variation to maximum building height and Floor Space Ratio (FSR) development standards pre-empting proposed rezoning, including proposed partial acquisition of neighbouring land.
- Challenge to Fire Safety Order over high-rise commercial building in Sydney CBD.
Professional Memberships / Accreditation & Activities
- Committee Member of NSW Environment and Planning Law Association (EPLA)
- Planning & Environment ,