Contact

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P: 9262 6188

E: pjackson@pvlaw.com.au

Introduction

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With over 30 years experience in local government and planning law, Peter has acted for councils and private developers in almost all classes of cases in the Land and Environment Court and has also appeared in the Court of Appeal, Supreme Court and High Court of Australia. 

Peter’s legal career began as a legal officer at the Department of Main Roads (now Roads and Maritime Services) where he was regularly involved in matters relating to the compulsory acquisition of land by the NSW State Government.

Peter then moved into private practice with Mallesons Stephen Jacques (now King & Wood Mallesons) where he became a Senior Associate and was part of the firm’s first planning law department. During his time at Mallesons Stephen Jacques, Peter acted in the landmark case Warren v Electricity Commission (NSW) (1990) 130 LGERA 565 which involved a challenge to the validity of the EIS for the construction of an electricity transmission line from Mount Piper to Marulan. During his time at Mallesons Stephen Jacques, Peter developed strong and enduring developer clients.

In 1994 Peter commenced his employment with Pike Pike & Fenwick and has since become a highly experienced advocate. With a practice primarily focused on advising and acting for councils, Peter has acted for Ashfield and Hornsby Councils for over 20 years, Canada Bay Council for over 15 years and Canterbury Council for over 10 years. Peter also acts for Leichhardt, Burwood, Ballina and Wollondilly Councils. 

Peter prides himself on always giving clear, straightforward and honest advice and has been able to retain his clients for long periods due to his unerring professionalism, fastidious preparation and tenacious Court manner.  He enjoys working with James Fan in representing councils in prosecution matters and with Alistair Knox and Tom Bush in assisting clients in both local government and planning and environment matters.  

Peter’s legal philosophy is, and always has been, to provide honest, high-quality legal services at a reasonable cost.

Peter was named as a recommended planning lawyer in the 2015 edition of Doyle's Guide to Leading Lawyers

Experience

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  • Represented the then Department of Main Roads in the Land and Environment Court concerning the Court’s first decision relating to “solatium” as a head of consideration for compulsory acquisition: Robinson v Department of Main Roads 64 LGRA 78. 
  • Represented Oberon Powerline Investigation Committee (OPIC) concerning a major challenge to the EIS for Mount Piper to Marulan 500kV transmission line: Warren v Electricity Commission of New South Wales [1990] NSWLEC 131.
  • Undertaking due diligence enquiry in respect of all relevant liquor licensing aspects for Lion Nathan purchase of shares in South Australian Brewing Company Limited.
  • Obtaining exemption from certain provisions of the Building Code of Australia in respect of major CBD development including World Square, 1 O’Connell Street, Governor Phillip Tower and Bond Building.
  • Represented South Sydney City Council in the Court of Appeal concerning litigation relating to existing use rights and intensification of use in the context of hotel trading hours: South Sydney City Council v Houlakis and Teakdale Pty Ltd 92 LGERA 401.
  • Represented South Sydney City Council on a special leave application to the High Court regarding a vexatious litigant: Valassis v South Sydney City Council 92 LGERA 275.
  • Advocating for Manly Council in the Land and Environment Court in a challenge to the validity of a development consent: reported decision of Justice Sheahan Hortis v Manly Council & Anor [1999] NSWLEC 151. Later, appeal to the Court of Appeal: Manly Council v Hortis [2001] NSWCA 81 revised - 05/04/2001 regarding implied knowledge and pre-conditions.
  • Representing Mr Hargreaves regarding heritage listed property in a judicial review challenge: Currey v Hargraves & (2) Ors [2007] NSWLEC 471.
  • South Sydney City Council’s advocate in the Land and Environment Court concerning a challenge to the validity of development consent: unreported decision of Justice Talbot of Wise v South Sydney City Council.
  • Leichhardt Council’s advocate in existing use right litigation: reported decision of Justice Bignold Australian Posters Pty Ltd v Leichhardt Council [2000] NSWLEC 195.
  • Ashfield Municipal Council’s advocate in the Land and Environment Court in a landmark decision concerning classification of uses and jurisdictional fact: Woolworths Ltd v Pallas Newco Pty Ltd & Anor [2004] NSWCA 422 revised - 29/03/2005 in the Court of Appeal.
  • Leichhardt Council’s advocate in respect of multiple challenges in the Land and Environment Court concerning validity of development consents: Gorczynski v Perera and Anor & 1 Ors [2004] NSWCA 70 revised - 23/03/2004.
  • Auburn Council’s advocate in respect of challenges to validity of a development consent: Skouteris v Auburn City Council and Anor [2005] NSWLEC 207.
  • Hornsby Shire Council’s advocate in “planning principle” regarding existing use rights: Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71.
  • Hornsby Shire Council’s advocate in “planning principle” regarding existing use rights: Masterbuilt Pty Limited v Hornsby Shire Council [2005] NSWLEC 212.
  • Canada Bay City Council’s advocate in reported decision of  Bechara v Plan Urban Services Pty Ltd & Ors [2006] NSWLEC 594 - judicial review challenge.
  • Hornsby Shire Council’s advocate in major challenge to section 94 contribution for residential development.
  • Canada Bay City Council’s advocate in “planning principle” case regarding extent of FSR on small allotments: Canada Bay City Council v Drivas [2007] NSWLEC 314).
  • Ashfield Municipal Council’s advocate in “planning principle” case regarding maximum development potential in residential 2(a) zone where no FSR stipulated: Salanitro-Chafei v Ashfield Municipal Council [2005] NSWLEC 366.
  • Ashfield Municipal Council’s advocate on challenge to section 94 contribution: Olsson v Ashfield Municipal Council [2012] NSWLEC 1073.
  • Hornsby Council’s advocate in Radray Constructions Pty Ltd v Hornsby Council [2010] NSWLEC 1174 and Radray Constructions Pty Ltd v Hornsby Shire Council [2014] NSWLEC 1024 regarding development of flood constrained site for seniors living.
  • Represented property owners in negotiation with the Roads and Maritime Services in respect of a proposed compulsory acquisition of their land for the North West Rail Link in Sydney.
  • Advised local councils in respect of provisions of the Local Government Act 1993, Roads Act 1993 and the Land Acquisition (Just Terms Compensation) Act 1991.

Contact

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P: 9262 6188

E: pjackson@pvlaw.com.au

Publications

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  • “Prosecution Law and Practice”, presentation to Canterbury City Council (2010)
  • Section 94 Contribution Presentation to Ashfield Council and Chamber of Commerce

View Publications

Qualifications

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SAB – Law Extension Committee, 1981