Michael Marshall Partner T: mmarshall@thomsonslawyers.com.au

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1 Michael Marshall Partner T: mmarshall@thomsonslawyers.com.au Areas of expertise Land development under the Integrated Planning Act 1997 Planning & environment court litigation Master planned communities and coastal development Environmental law including vegetation clearing, water & climate change & renewable energy Challenging infrastructure charges, negotiating infrastructure and agreements for major/trunk infrastructure Resumption of land Qualifications Master of Laws (Environmental), Queensland University of Technology Bachelor of Laws and Arts, University of Queensland Admitted to the Supreme Courts of Queensland and New South Wales, and the High Court of Australia Michael Marshall is one of Queensland's leading specialist planning & environment lawyers. Michael has practised in this jurisdiction since 1992 and is listed by Doyle's Guide as a leading Planning & Environment Court litigator. He and his team actively conduct a broad range of appeals in the Court, both for and against applicants in relation to residential and commercial proposals. Michael also undertakes a significant volume of work on behalf of local authorities in prosecuting enforcement proceedings in respect of development offences. In addition to litigating, Michael advises extensively on front end development issues including complex development applications and due diligence investigations. He also has key competencies in respect of infrastructure projects, vegetation clearing, contaminated land, heritage and land resumption. Michael's clients include Councils, property developers, landowners and investors. Areas of Expertise Land development under the Sustainable Planning Act 2009 Planning and Environment Court litigation Development offences Master planned communities Coastal development Native Title Environmental law including vegetation clearing, water and climate change and renewable energy Negotiating infrastructure agreements Compulsory Acquisition of Land Relevant Experience Florina Gardens (2012) Successfully represented a developer in an appeal against a deemed refusal of a proposed 270 apartment residential development and restaurant situated at Nerang-Broadbeach Road Carrara, within the Guragunbah flood plain. A key issue in the proceedings concerned the appropriate level of flood free access to residential development in the flood plain and whether

2 the measures implemented by the development were sufficient to ensure that the risk to life and property was acceptable. The decision represents a landmark decision in the development of flood prone land. JNA Property Group Pty Ltd (2012) Successfully acted for developer to defend approval for a 29 unit residential development at Herston Road, Kelvin Grove against 5 submitter appeals. Issues included residential density, visual amenity and traffic. Issues successfully resolved and appeals dismissed with no loss of yield. Herberton Land Corporation v Tablelands Regional Council ( ) Acting for a landowner in relation to an appeal for a residential subdivision of rural land at Herberton. Land is benefited by a 1989 Special Facilities rezoning approval which is preserved under the current planning scheme. Issues include legal meaning and affect of Special Facilities approval and lawful use entitlements. Resumption of Land at Nerang-Broadbeach Road by the Coordinator-General ( ) Advising a land owner in relation to preparation of its claim for compensation under the Acquisition of Land Act 1967 arising as a result of the resumption of a significant parcel of land situated at Nerang-Broadbeach Road by the Coordinator-General for the purpose of the relocation of the Gold Coast Showgrounds from Parklands. Sunshine Coast Regional Council v Marshall ( ) Successful in major prosecution proceedings on behalf of Council in relation to an unlawful filling operation which was carried out on a massive scale over 10 years, under a pretext of existing lawful use rights, ancillary use rights and rehabilitation pursuant to extractive industry approvals. Enforcement Orders require remediation of adverse flooding impacts on adjoining properties pursuant to an agreed Site Management Remediation Plan. Ripley Town Centre ( ) Acting for proponent for future town centre in Ripley Valley. Extensively advising in relation to planning scheme amendments and preparation of master plans. Negotiating location of major road infrastructure with Council and DMR. Advising proponent in relation to the impact of the Ripley Valley Urban Development Area Development Scheme on its land holding, including preparation of a submission of an "affected land owner" under the Urban Land Development Authority Act 2007.

3 Brampton Island Redevelopment ( ) Advising a private client in relation to the redevelopment of an island resort off Mackay having regard to the relevant local, State and Commonwealth Government planning instruments and controls. This included consideration of potential development constraints having regard to the island's tenure as Crown land, its inclusion in the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975, native title issues, coastal development issues under the Coastal Protection and Management Act 1995, environmentally relevant activities under the Environmental Protection Act 1994 and the referral process under the Environment Protection and Biodiversity Conservation Act Mackay Resource Development v Mackay Regional Council ( ) Acted for the appellant in an appeal against refusal of a proposed quarry at Homebush. Issues included noise, dust, flora, GQAL, need and road upgrade. Currumbin RSL Community Precinct ( ) Acting for a private client in the community service sector in relation to the redevelopment of its existing entertainment and community services facility at Currumbin on the Gold Coast. This included provision of advice in relation to applying for a 'Major Project' declaration, obtaining information from State agencies under the Right to Information Act 2009, and applying for tenure over Crown land under the Land Act Canungra Residential Development (2012) Secured approval for 300 lot residential development at Finch Road Canungra after strong opposition from Council and local objectors. Conducted 2 separate appeals to P&E Court. Extensive range of site constraints including riparian setbacks, flora, fauna, geotechnical, contamination, odour, visual amenity, water quality and planning. Negotiating major infrastructure agreements for upgrade of Canungra sewerage treatment plant together with water, sewer and road requirements. Negotiation of compulsory acquisition of part of site for public open space and future fire brigade facility Fitzroy Terminal Project ( ) Advising proponent for a rail spur/coal terminal facility in central Queensland in relation to environmental and land tenure issues and approvals processes under the State Development Public Works Organisation Act ALDI Supermarket at Coomera ( ) Secured approval for ALDI store and associated commercial uses at Coomera after lengthy dispute with commercial

4 competitor. Glenella Estates v Mackay Regional Council (2011) Acted for a developer in an appeal against refusal of an application for residential development of caneland. Issues included GQAL, conflict with planning scheme and need. Canaipa Developments v Redland City Council (2010) Acted for Council to defend appear against the refusal of a proposed tourist facility and gold course on Russell Island. Proposal involved two non adjacent sites separated by 1.5 km of road and included an integrated waste water treatment system. The development application the subject of the appeal was not properly made due to the fact that it failed to attach evidence of an entitlement to interfere with a State resource i.e. to place private infrastructure in a public road. Council was successful in bringing an application to have the appeal struck out on this basis. Timana Island (2009) Acted for a private investment firm in undertaking a due diligence in relation to the purchase of Timana Island, (close to Dunk Island in North Queensland)/ Advised client as to existing and potential future development options for the island having regard to the relevant local and State Government planning instruments and controls. This included consideration of the development constraints having regard to the island's inclusion in the conservation zone and as a 'visually significant area' under the planning scheme as well as being in a coastal management district for the purposes of the Coastal Protection and Management Act Also advised in respect of land valuation issues. Project Windfarm, North Queensland (2009) Acted for prospective purchaser to undertake due diligence investigations of a developmental windfarm at Archer's Point. Issues included review of approvals, native title issues, indigenous land use agreements, electricity regulations. Springwood Hometown Resumption (2009) Claimed compensation for land owner as a result of compulsory acquisition by Main Roads of a large corner section of showroom site. Issues included verifying notional redevelopment yield for office purposes, economic need, town planning issues. Extensive negotiations with Main Roads resulting in recover above expectations. "Pietro" Apartments at New Farm (2009) Successfully represented developer in disposing of 2 submitter appeals in relation to redevelopment of a heritage listed property

5 for an 8 storey apartment building. Issues included building height, management of heritage and visual amenity impacts, extensive settlement negotiations with adjoining owner, allowing development to proceed. Helensvale TOD Development ( ) Acting for the developer of a major transit orientated development proposal of over 1200 dwellings. Advised on matters relating to the application, conduct of an appeal to the Court against conditions of approval and successfully negotiated with the State Government to have the SEQ Regional Plan changed to include the site completely within the Urban Footprint. Homeworld, Oxenford ( ) Acting for the developer of a homemaker and retail centre at Oxenford. Successfully appealed against riparian setback conditions to Saltwater creek for stage 1. Brought unique proceedings in relation to stage 2 of the development challenging the Council's decision to assess the application against the 2003 Gold Coast planning scheme rather than the 1995 Albert scheme. Negotiated a decision with the Council that it would assess the application under the Albert scheme which had a suitable zoning for the proposal. Presently acting in 2 separate appeals to the Court in relation to the approval of stage 2 about conditions and $6.5 million in infrastructure charges. Proposed Retail Centre, Upper Coomera ( present) Acting for developer of land at Old Coach Road, Upper Coomera in relation to securing approvals for retail use of residential/ conservation zoned land. Acted in multiple proceedings in Court. Issues include hydraulics, vegetation clearance, management of waterways and riparian setbacks, hydraulic impacts, planning and need. Negotiated separate resumption agreement with Council. Prepared submissions to Council to change planning scheme. Bromelton State Development Area ( present) Acting for major landowner in Bromelton. Advising extensively in relation to State Development Public Works Organisation Act 1967, SEQ regional Plan, IPA and Beaudesert/Scenic Rim Planning Scheme. Lodged submission in relation to SEQ regional plan, planning scheme amendments and draft scheme of development for declared State Development Area, negotiating major road, rail and stormwater infrastructure agreements. Hale Street Link ( ) Acted for Brisbane City Council in relation to environment and planning issues associated with the proposed Hale Street Link. Tasks include advising on the range of necessary environmental

6 approvals, acquisition of land under Acquisition of Land Act 1967, defending legal challenges to acquisition attempts and advising on planning and tolling issues. ENERGEX- Suncoast Power Project (2008) Acted for ENERGEX in respect of resumptions of easements necessary for the Palmwoods to Pacific Paradise Power Line Project. Reviewed environmental impact and corridor selection studies. Negotiated compensation outcomes for ENERGEX. 'Aquila' Apartments at New Farm (2008) Acted for developer in obtaining approval for 10 storey luxury apartment building at Moray Street, New Farm. Successfully defended against submitter appeals against Council approval. A landmark decision of the Planning & Environment Court in respect of building heights in New Farm. Issues included town planning, visual amenity, architectural, urban design and heritage issues. Halpine Lakes Estate - Mango Hill ( ) Acted for AVJennings in an appeal against various conditions of the Council's approval for Stages of the Halpine Lakes Estate. Those stages involved some 174 residential allotments and a 2ha allotment designated for townhouse development. The primary focus of the appeal was resolved on the basis of a complex infrastructure agreement dealing with the payment of over $3.1 million in infrastructure charges to the Council and various mechanisms to reduce those charges based on works being undertaken by AVJennings as part of the development. The appeal also involved a range of other issues such as curing various non-compliances that had occurred during the Council's processing of the application, changing the proposed layout in the appeal and resolving other disputed conditions. Advised separately in relation to resumption of land issues. Karingal Drive, Coomera ( ) Acted for the developer in an appeal in respect of the Council's refusal of its proposed development of over 100 dwellings. The reasons for refusal were in respect of availability of water and sewerage infrastructure to the land. Successfully resolved the appeal and obtained the approval. Also achieved significant changes to the development layout in the appeal. Bulimba Creek Village - Tingalpa ( ) Acting for the developer of a large mixed use proposal for low and medium density residential development of over 400 dwellings, light industry, retail, child care and conservation area on a 47ha site at Tingalpa. The site was historically used for a tannery and poultry farm and has significant contamination issues. The site is also subject to ecological and hydraulic constraints due to its proximity to Bulimba Creek and low lying

7 nature of the site. Involved in several submitter appeals to the Court by local residents, business owners and environmental groups. Issues arising in the appeal involve town planning, flooding, water quality, flora and fauna impacts (both terrestrial and aquatic) and climate change impacts. Jacobs Well Development ( ) Acted for the developer of a medium sized residential development in an appeal against the Council's refusal of its development application. The site adjoined a State protected wetland immediately upstream of Moreton Bay. Changed the proposal in the appeal to address ecological, hydraulic and wastewater disposal issues. Was one of the first cases in the Court to develop a climate change solution in response to predicted sea level rise. Also resolved issues in respect of infrastructure charging and infrastructure delivery. North Pine Lakes development Lawton ( ) Acting for the developer proposing to redevelop an old quarry into a lake based residential estate comprising over 1000 dwellings and retail uses. Defending the Council's approval in a submitter appeal from a nearby large scale industrial use. Also advising in respect of application structuring issues. Reedy Creek Shopping Centre ( ) Acting for the developer of a proposed neighbourhood shopping centre with supermarket anchor. Advised throughout the development application on structuring, processing and ecological issues. Acting for the developer in 2 appeals in the Court, one in respect of over $3million in infrastructure charges sought to be imposed by the Gold Coast City Council and one by a commercial opponent seeking to overturn the approval. Nerang Shopping Centre ( ) Acting for the proponent of a subregional designated shopping centre at Nerang. Advised on the formulation of the application, throughout the process on a range of issues and now acting in an appeal in respect of approximately $25million in infrastructure charges sought to be imposed by the Council. Proposed Sand Quarry, Norwell (2007) Acted for the owner of the Rocky Point Sugar Mill in opposing a proposed sand quarry on good quality cane land. The approval of the sand quarry would have seen an important precedent set for the erosion of cane land in the area, which was protected under the planning scheme. Successfully opposed the approval in the Court.

8 BMD/Urbex Developments ( ) Acted for the BMD/Urbex companies on a range of different developments in south-east Queensland including advising on matters relating to their development applications, conducting appeals to the Court and successfully reducing amounts of infrastructure charges. Cunningham Rise Estate (2008) Acted for AVJennings in an appeal against a range of conditions of its approval for a large master planned residential estate at Ipswich. Successfully negotiated an outcome with the Council and Main Roads that resulted in an amended set of conditions of approval. Logan Village Shopping Centre Redevelopment (2007) Currently acting for the owner of the Logan Village Shopping Centre in respect of a significant redevelopment of that centre to convert it into a neighbourhood centre comprising a 2500m2 supermarket and 1200m2 of specialties. Lodged an appeal to the Court against the Council's deemed refusal of that application. Engaged in a redesign process in the appeal and currently in negotiations with the Council which appear likely to successfully resolve the appeal and grant the approval. River and Hill Developments, Carrara (2007) Acted for the developer of a major mixed use residential and commercial proposal comprising in excess of 600 dwellings in the flood plain at Carrara. Successfully negotiated an outcome to a submitter appeal which involved a number of Court hearings and obtaining unique orders from the Court allowing part of the development to be separated from the appeal. South East Queensland Retail Strategy (current) Acting for major supermarket operator on strategy and legal processes for multiple sites in South East Queensland (not Gold Coast). Scope includes identification of growth catchments and review and challenge of competing proposals. There is a particular emphasis on the issues of town planning and economic need as key drivers to the expansion strategy. Nerang Mixed Use Development (2007) Currently acting for the proponent of a large mixed use development on land adjacent to the Nerang River and Nerang Train Station comprising some 632 dwellings (apartment buildings, townhouses, duplexes and detached dwellings), hotel, convenience retailing (1600m2), restaurant, childcare and offices. The developer's approval obtained from the Council has been appealed to the Court by a commercial competitor. Issues

9 include town planning, hydraulics, ecology and civil engineering as well as legal issues regarding the structure and operation of the approval. Lomas v Gold Coast City Council (2007) Acted for the proponent of a large college for domestic and international students and a manufacturing operation. Brought proceedings in the Court challenging the Council's decision to assess the development application under the new town planning scheme rather than under the old town planning scheme which allowed the proposal to proceed without an approval. Landmark decision of the Court quashing the Council's decision to assess the application under the new planning scheme. Beenleigh Direct Factory Outlet ( ) Acted for the proponent of a 17,000m2 direct factory outlet proposal on a site fronting the Pacific Highway at Beenleigh. An approval was obtained over the site in 2000 by Stockland. The currency period of the approval was extended in 2004 by the Gold Coast City Council for a further 2 years to prevent it expiring. Stockland subsequently sold the site to our client who applied for a further extension in The Council refused the extension on the basis that the approval had now been superseded by changes in the planning scheme and other intervening events. Filed an appeal in the Court against that decision. After extensive negotiations in the appeal, persuaded the Council to grant a further 2 year extension subject to making a variety of changes to the approval to address Council's concerns (none of which affected the form of development). SDW Projects Pty Ltd v Gold Coast City Council (2006) Acted for developer proposing 30 unit development on steeply sloping land at Hinterland Drive, Mudgeeraba. Council refused application based on slope considerations, visual amenity and an alleged overdevelopment of the site. Appeal successful. A subsequent dispute over conditions relating to infrastructure charges was also successfully resolved in favour of developer. Newheath Pty Ltd v Gold Coast City Council (2006) Acted for a developer in its appeal against a condition imposed by Council with respect to an environmental buffer between a proposed industrial development at Gaven and an abutting tributary of Coombabah Creek. Successfully overturned Council's condition and reduced the width of the environmental buffer through redesign allowing an increase in lot size. Reported judgment.

10 Pimpama Shopping Centre ( ) Acted for the proponent of a 6,500m2 neighbourhood centre at Pimpama. The developer wished to change its application lodged under the 1995 Albert planning scheme in order to avoid the application lapsing by way of operation of law. The developer converted the application into an application for a preliminary approval rather than a development permit. The Council argued the change was impermissible and the application had lapsed. Brought proceedings in the Court in which the Court which successfully held that the application had not lapsed. Landmark decision on when applications are able to be changed in the application process. Visy Manufacturing Plant (2006) Acted for Visy throughout its development application to establish a state of the art cardboard box and plastic container manufacturing plant at Yatala. Also acted in respect of a submitter appeal filed against the approval which was subsequently 'called-in' by the Minister. Pimpama Shopping Centre (2006) Acted for the developer of a district level shopping centre at Pimpama against Council's allegation that its development application had lapsed. Brought proceedings in the Court challenging Council's position in which the Court found in favour of the developer. Important decision on when an applicant can change its application before being decided by the Council. Stage 7 Kingsmore Estate (2006) Acted for the developer in an appeal against conditions of approval from Council which effectively prevented the development of stage 7 of a large staged residential subdivision of land at Reedy Creek. Negotiated a successful outcome to the appeal which involved the relocation of a noise emitting recreational activity. Currumbin Hill Development (2006) Acted for the developer of a luxury duplex development on a prominent position on Currumbin Hill against the Council's refusal of the application. Successfully negotiated a resolution to the appeal involving minor design changes to the proposal and obtained an approval from the Court. Pimpama Residential Estate ( ) Acted for the developer of a major residential development at Pimpama in relation to its application to the Council to develop that land. Advised on issues arising during the processing of the application, the impact of the SEQ Regional Plan, lodged submissions regarding nearby development applications

11 affecting the site and conducted appeals in respect of nearby approvals granted, to restrict the impacts of those uses on the site. Helensvale Commercial Subdivision (2005) Acted for the developer of a large commercial subdivision on land at Helensvale. The application contemplated allowing the use of land for general commercial and commercial industrial uses, but also showrooms/bulky goods retailing. Lewiac (owner of Harbourtown) appealed against the approval to the Court due to the incorporation of showrooms in the proposal. Successfully negotiated an approval through a legal restructuring of the application to address Lewiac's concerns. NCR Securities Pty Limited v Logan City Council & Wildlife Preservation Society (2005) Acted for developer in relation to proposed development of 180 premium allotments at Daisy Hill. Advised in relation to prior approvals and proposed structure and context of new applications. Successfully defended against submitter appeal brought by Wildlife Preservation Society. Hegira Pty Ltd v Department of Natural Resources (2005) Acted for Developer of 'Pacific Harbour' on Bribie Island concerning dispute as to purchase price for land reclaimed from the State. Matter successfully resolved by decision of Land Court which adopted valuation proposed by developer. Clift v Gold Coast City Council (2005) Acted for developer challenging Council's new infrastructure charging policies for water, sewerage and recreational facilities. Action in Planning and Environment Court successfully overturned Council practice of charging based on theoretical maximum density, without regard to site constraints. A landmark Court decision regarding infrastructure charging mechanisms. Rivermount College v Gold Coast City Council (2005) Acted for College to challenge wrongful Council action purporting to cancel a valid development approval to develop second access road to College. Judgment awarded in favour of College, allowing second access to proceed. Rainforest Apartments - Coolangatta (November 2005) Acted for the developer of a 5 storey apartment building in an appeal against the Council's refusal of the developer's application. Several local residents elected to join the appeal also seeking to oppose the development. Succeeded in negotiating a redesign of the proposal to address the Council's and the residents' concerns and obtained an approval from the Court.

12 Robertson's Furniture & Design (Qld) v Department of Main Roads (2005) Acted for furniture retailer in Land Court proceedings in recovering compensation against DMR for business losses sustained during one year of roadworks. A landmark decision expanding the scope of a claimant's ability to recover compensation under the Acquisition of Land Act Defence Housing Authority Rode Road Development (2005) Acted for the Defence Housing Authority in a number of submitter appeals by both local residents and commercial competitors against the Council's approval of its 50 lot subdivision of land at McDowall, to house Defence Force personnel. Successfully negotiated minor changes to the proposal to satisfy the concerns of the submitters. FKP - Redbank Plains Shopping Centre Redevelopment (2004) Advised FKP on the structuring of its application to the Ipswich City Council for the redevelopment of an existing neighbourhood shopping centre to include a full line supermarket, specialties and childcare to avoid third party commercial competitor challenges. Nundah Village Centre (2004) Advised Property Solutions on the structuring of its development of Nundah Village which included a full line supermarket and specialties as well as residential towers. Pimpama Residential Estate (2004) Acted for 2 developers of major residential estates whose development applications had 'lapsed' prior to being decided by the Council. Successfully brought proceedings in the Court in both instances to 'revive' both development applications. Palm Beach Mixed Use Redevelopment (2004) Acted for an objector in an appeal against an approval by the Council of a major mixed use redevelopment of land at central Palm Beach on the Gold Coast comprising a number of residential towers, retail uses (a full fine supermarket, specialties and restaurants) and commercial uses. Succeeded in having the Court refuse the application on the basis of amenity impacts to adjoining residential uses. Telstra Corporation v Caloundra City Council (2004) Acted for Council to successfully defend appeal by Telstra against proposed mobile phone tower situated close to a child care centre and residential area. Case attracted widespread community concern due to perceived health risks and impact on

13 visual amenity. Council's refusal upheld by the Planning and Environment Court. Purcell v Gold Coast City Council (2004) Acted for developer in securing approval for a 7 storey apartment building on Miami Beach front against strong opposition from Council and objectors. The decision is significant in terms of providing an indication as to how the provisions of the 2003 Planning Scheme relate to this type of development. Barramundi Farm - Environmental Due Diligence (2004) Undertook comprehensive environmental and town planning due diligence investigations for prospective purchaser of three interlinked aquaculture projects involving extensive liaison with local authorities, EPA and DPI. Netstar Pty Ltd v Caloundra City Council ( ) Acted for the Council in litigation in the Supreme Court, Court of Appeal, the High Court of Australia and the Planning and Environment Court regarding the lawfulness of ministerial orderin-council issued in The order, if valid, would result in high density development in designated low density area. Council successful in the High Court concerning a jurisdictional dispute between Supreme Court and Planning and Environment Court. Council successful in the obtaining declaration that approval was invalid and successfully defended further appeals to QCA and ITCA. Cooloola Concrete Plant (2004) Acted for the developer of a concrete batching plant at Cooloola in an appeal brought by a commercial competitor against the approval of the plant from Council. Succeeded in having the approval granted by the Court. Forest of Dreams v Gold Coast and Hinterland Environment Council (GECKO) (2004) Acted for the developer of a tourist facility at Springbrook in an appeal by an environmental group against an approval granted by Council for the tourist facility. Succeeded resisting the appeal and obtained an approval from the Court. Evans v Gold Coast City Council & The Brew Pub (2004) Acted for an objector against a proposal to expand a hotel in Surfers Paradise. The expansion of the hotel was approved by Council and appealed to the Court by the objector. Succeeded in having the expansion refused by the Court. Landmark decision on when the consent of a landowner is required to a development application.

14 Pimpama Airfield (2004) Acted for a developer of a major residential estate in Pimpama against a proposal for a nearby recreational airfield. Brought 2 separate proceedings in the Court which were opposed by Council and the airfield developer which were successful. Also prepared a detailed submission to Council objecting to the development. Woolworths Petrol Plus v Caloundra City Council (2004) Acted for the Council in a refusal by the Council of an application for a service station by Woolworths. Negotiated a redesign of the development to address the concerns of local residents and Council. Lyrebird Ridge Retreat v Friends of Springbrook Alliance & GECKO (2003) Acted for the developer of an eco tourist facility on Springbrook in appeals brought by environmental groups against the approved expansion of the facility by Council. Successfully resisted the appeals in 2 separate hearings in the Court and obtained the approval for the expansion from the Court. Significant decision on the requirements of development in sensitive environmental areas and interpretation of planning schemes. Stage 23 Currumbin Park Estate (2003) Acted for the developer of a major residential subdivision in Currumbin against a refusal by Council of stage 23 of the estate comprising a proposal for some 350 attached houses. Negotiated conditions of approval with the Council. Newco v Gold Coast City Council (2003) Acted for a commercial operator against the refusal by Council of an application for retail premises in central Surfers Paradise. Brought separate proceedings against another retailer in the shopping centre who elected to join Council in opposing the approval of the application. Succeeded in negotiating an approval for the use with Council. Queensland Rail (2003) Acted for QR regarding the planning and environment components of a comprehensive legal compliance audit. Pacific Harbour - Bribie Island (2003) Assisted developer in addressing planning and environmental issues to facilitate development of estate including modification to town planning approvals, negotiating with Environmental Protection Agency and resolving cultural heritage and ERA 19 issues.

15 Harbourtown - Stage 2 Expansion (March 2003) Acted for Macquarie Leisure Trust (Dreamworld) and Gibbs Holdings Pty Ltd (adjacent land owner) in successfully opposing stage 2 Harbour Town expansion proposed by Lewiac Pty Ltd. Stage 4c - Currumbin Park Estate (completed May 2002) Acted for developer to secure subdivision approval of steeply sloping land in Currumbin Valley. A landmark decision dealing with the interpretation of the Strategic Plan provisions regarding development on hillsides. This approval, granted by the Planning & Environment Court, is of key importance to the land development industry on the Gold Coast. 'Kulgera' mixed development at Coomera (completed May 2002) Assisted and oversaw the preparation of development applications for a 30ha parcel of rural land on Reserve Road, Upper Coomera, for an integrated mixed residential and commercial development. Assisted in selection of consultants, preparation of instructions, legal review of draft DAs and legal review of submission in respect of draft Planning Scheme (2002). RAAF Base, Amberley (2002) Acted for Defence against proposed waste landfill facility in the area. Conducted proceedings in the Planning and Environment Court and negotiated conditions including bird management plan. The Tugun Joint Venture v Gold Coast City Council (2001) Acted for developer in securing approval for a 7 storey apartment building on Tugun beachfront. A major decision on the 'gradation' of building heights and of significance for coastal development at the southern end of the Gold Coast. Westfield, Helensvale (2000) Acted for Dreamworld (Macquarie Leisure Trust) in submitter appeal against approval of shopping centre at Helensvale. Case revolved around economic need and interpretation of planning scheme in respect of retail hierarchy. Appeal successful. AAPT Network Rollout ( ) Acted for telecommunications carrier on planning and development issues arising out of rollout of mobile phone towers in South East Queensland, including conducting numerous appeals to the Planning and Environment Court. Llama Apartments (2000) Advised developer on a range of legal issues associated with - redevelopment of Family Services building in George Street, Brisbane. Issues included application requirements,

16 Commonwealth immunity, heritage issues and owner's consent. Powerlink Queensland - Line Corridor (2000) Advised and prepared manuals dealing with legislative controls on vegetation clearance and line maintenance. Advised on corridor selection process under the Integrated Planning Act for proposed electricity transmission line in North Queensland. Presentations and Publications 'Landmark P&E Court Decision- Development in Flood Plain- 270 Apartments Approved Despite Lack of Flood Free Access'- September 2012 'Liability for Contaminated Land' Presented at the Legalwise Seminar on Contaminated Sites on 16 November 'Sustainable Development and the Law Article appearing in Urban Developer Magazine Issue 6, Legal Aspects of Development Assessment Lecture given to the Diploma of Local Government (Planning) Course on 25 November Orders Restore Level Playing Field for Developers Article appearing in Urban Developer magazine, Issue Landmark High Court Decision Regarding Rating Valuations Published in the Bulletin of the Australian Property Institute in Jan-March 2003 Edition 1/2003. Gold Coast Planning Law Issues Presented to the Royal Australian Planning Institute (Gold Coast Branch) on 19 October Sunshine Planning Law Update Presented to the Royal Australian Planning Institute (Sunshine Coast Branch) on Friday 25 May Memberships and Associations Queensland Law Society Queensland Environmental Lawyers Association. Brisbane Development Association (former Executive Committee Member). Committee for the Economic Development of Australia (CEDA).