Special Counsel

Fraser Hardman

Fraser offers expertise in planning, local government and environmental law. Fraser holds a Master of Laws (Planning and Environment) obtained from the University of Queensland. Fraser’s experience in planning and environment law is complemented by his property and commercial law background.

Fraser is a highly experienced negotiator and offers expertise in undertaking a range of appeals in the Court including in merits appeals, enforcement proceedings and prosecutions, declaratory proceedings, and compensation disputes.

Fraser’s clients include large national property groups, high-end developers, private landowners both public and private and public sector clients including local government authorities and regional Councils. Fraser is highly regarded for providing practical, commercially viable strategic advice on land use – having regard to both town planning and environmental constraints.

Expertise

Fraser’s expertise includes:

  • Land Development under the Planning Act 2016
  • Planning & Environment Court litigation
  • Prosecuting and defending development, land use and environmental offences
  • All aspects of infrastructure charging regimes – including drafting and negotiating the terms of an infrastructure agreement for major/trunk infrastructure and challenging infrastructure charges
  • Resumption of land matters
  • Master planned communities
  • Coastal development
  • Environment Law including vegetation clearing
  • Water Law
  • Council powers and jurisdiction under the Local Government Act 2009

Recent Projects

  • Advising a national supplier of aggregates and concrete with regard to all aspects of its development application for a new quarry involving a multi-layered statutory assessment against local, State and Cth laws
  • Commencing proceedings to re-enliven lapsed development approvals, including lapsed approvals for mixed use and multiple dwellings
  • Acting for shopping centre developers involving both submitter appeals and Council refusals
  • Commencing declaration proceedings to challenge the validity of existing development approvals involving various land uses
  • Obtaining Court approvals for complex change applications (minor change) involving changes to approved land subdivisions, waste management facilities and a variety of built forms under construction
  • Cabarita Investments Co Pty Ltd v Fraser Coast Regional Council – A successful application challenging Council’s approval of a service station and 24hr fast food outlet.  The DA was declared invalid and of no effect
  • Advising a large national property development group across their large portfolio of residential and commercial projects
  • Drafting infrastructure agreements for developer clients and mining compensation agreements for local authority clients
  • Advising a broad range of local authorities across a broad range of planning disputes and matters prior to litigation
  • Parched Ashgrove Pty Ltd v BCC – obtained a favourable decision on behalf of the Appellant against a decision to refuse a food and beverage space with a contentious ancillary microbrewery
  • Advising a container exchange business on the requisite approvals required to be obtained prior to commencement and advising on infrastructure charging

Professional Memberships / Accreditation & Activities

  • Queensland Environmental Law Association, Member
  • Planning Institute of Australia, Member
  • Committee of Brisbane, Olympic Games sub-committee
  • UDIA (Urban Development Institute of Australia), Member of Planning and Development Policy sub-committee
  • Queensland Development Tribunal, Referee

    Sector

location

Brisbane

Special Counsel

Kate Marginson

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