Contact

+

P: 9262 6188

E: jpalmer@pvlaw.com.au

Introduction

+

Joshua has extensive experience in local government and planning and environmental law, regularly acting and appearing for local government, private developers and accredited certifier clients in both Class 1 and Class 4 of the Land and Environment Court’s jurisdiction.

His experience appearing for and advising parties on all sides of local government, planning and development issues enables Joshua to adopt a whole-of-matter approach that allows for creative yet simple solutions to complex problems.

Joshua is an important part of Pikes & Verekers' Planning & Environment team and also works closely with local government clients.  Joshua’s whole-of-matter approach also sees him work closely with property specialist, Kim Probert, and strata title, certification and building contract expert, Brian Walton. He regularly assists and advises other solicitors within the firm on local government and planning matters integral to their contractual, property or general litigation matters, ensuring that Pikes & Verekers is able to at all times provide a holistic service to clients of the firm.

Joshua enjoys applying an intellectually rigorous approach and a thorough analysis to all problems to work towards outcomes that are specifically adapted to his clients' objectives.

Despite revelling in the thrill of litigation, Joshua appreciates that for clients, litigation is something best avoided where possible and finds no greater satisfaction than providing the right advice at the right time to satisfy potential opponents, avoiding conflict and achieving beneficial outcomes for all concerned.

Joshua is an excellent communicator, regularly advising on a wide array of environmental and planning matters from construction and interpretation of planning instruments and Development Control Plans, existing use rights, development contributions, construction of development consents and commencement of development and the matters upon which certifiers must be satisfied before issuing certificates.

His advice is detailed and thorough, yet clear and to the point.  

Joshua’s thorough understanding of all aspects of local government and planning and environmental law allows for creative legal solutions to otherwise intractable problems.

Joshua also has extensive experience in significant development applications including Part 3A approvals, planning proposals and development benefited by voluntary planning agreements.

Experience

+
  • Advising on and preparing detailed submissions in support of major developments in North Sydney and Bronte (the Strand development at Berry Street and Pacific Highway and the Bronte RSL respectively) requiring extensive variations to applicable planning controls by way of planning proposal and following those planning proposals through all phases at a local council and State government level.
  • Successfully challenging section 94 contribution conditions in respect of a major greenfield subdivision approval at Woopee Beach in Coffs Harbour and also in Western Sydney (North Western Surveys Pty Ltd v Penrith City Council [2012] NSWLEC 1017) and achieving substantial offsets for works in kind or works already completed.
  • Significant litigation on behalf of Parkes Shire Council, defending modifications to a gold mine and gold ore processing centre consent, the proper characterisation of uses and the construction of section 96 of the Environmental Planning and Assessment Act and relevant threshold tests when considering 30 year old development consents.
  • Judicial review litigation on behalf of Wilson Parking Pty Ltd against Sydney City Council relating to State Environmental Planning Policy No. 1 and its applicability to development standards subject to the satisfaction of a consent authority: Wilson Parking Australia 1992 Pty Ltd v Council of the City of Sydney [2014] NSWLEC 12.
  • Significant judicial review litigation defending the validity of a major seniors living development consent in North Sydney on behalf of the Uniting Church: Amalgamated Holdings Ltd v North Sydney Council [2012] NSWLEC 138.   
  • Class 4 declaratory relief proceedings on behalf of Mosman Council in respect of existing use rights applicable to a 1930s dual occupancy development, the characterisation of that development and the scope of changes permitted to the development in reliance upon existing use rights.
  • Class 4 injunctive relief proceedings on behalf of Wilson Parking Pty Ltd relating to a car park operating since the 1930s including the proper characterisation of the use and the detailed historical analysis of planning controls applying to the land.
  • Class 1 litigation relating to a residential flat building at Warners Parade, Bondi Junction turning not only on the bulk, scale and conformity of the development with adjoining land uses, but also a serious consideration of affordable housing provisions under Waverley planning controls and voluntary planning agreements, affecting future consideration of Waverley affordable housing policies.
  • Provision of extensive advice to Broken Hill City Council on a wide variety of matters including mining operations, health and safety issues relating to takeaway food premises, roads authority powers and obligations, building certification and council liability and obligations in respect of negligent employees.
  • Detailed advice and input into the preparation of Local Environmental Plans, including planning proposals on behalf of developers and Development Control Plans for Council clients.
  • Past lecturer at University of Technology Sydney on the Building Certification short course.
  • Regularly prepares and presents papers for the Australian Institute of Building Surveyors and the Environmental Planning Allied Professionals.