Robert specialises in planning law and environmental law.
He is principally briefed to advise and appear, led and unled, in matters relating to:
Robert is recognised by Doyle's Guide as a leading planning and environment barrister.
A selection of recent appearances can be viewed by clicking on the 'Extended Biography' tab above.
Background:
Robert has particular expertise in matters concerning renewable and alternative energy, having worked in-house at an Austrian plant engineering firm where he dealt with international contracts and disputes concerning hydropower, pulp and power generation plant. After being admitted as an Australian lawyer, Robert practised as a solicitor in planning, environmental and administrative law in Melbourne.
On coming to the Bar Robert read with Timothy McEvoy KC (now the Hon. Justice McEvoy). His senior mentor was Stuart Morris KC.
Robert has authored articles and presented on environmental law, international environmental law, and international dispute settlement, and was a consultant expert in relation to Cambodia's new Environment and Natural Resources Code. He has lectured in advocacy.
Before becoming a lawyer, Robert worked in graphic design.
Selected appearances:
Environment Effects Act inquiries and Advisory Committees
Victorian Murray Floodplain Restoration Project ER Central – Vinifera and Nyah Projects (2023)
Proposed works to restore and conserve Murray River floodplains – for the proponent (led by Rupert Watters)
Victorian Murray Floodplain Restoration Project ER Centra – Burra Creek Project (2023) (unled)
Victorian Murray Floodplain Restoration Project EES Central (EES) [2023] PPV 17 (led by Chris Townshend KC)
Viva Energy Gas Terminal Inquiry and Advisory Committee (EES) [2022] PPV 62
Proposed gas import terminal – for the Environment Protection Authority Victoria (unled)
Suburban Rail Loop East Stage Inquiry (EES) [2022] PPV 37
Proposed rail – for the Suburban Rail Loop Authority (led by Chris Townshend KC, Emily Porter SC and Barnaby Chessell)
Priority Projects Standing Advisory Committee Referral 19 (AC) [2021] PPV 83
Expansion of hospital – Ministerial call-in – for the proponent (unled)
Fingerboards Mineral Sands Inquiry (EES) [2021] PPV 80
Proposed mineral sands mine – for East Gippsland Shire Council (led by Sarah Porritt)
Crib Point Project Inquiry (EES) [2021] PPV 11
Proposed gas import terminal and pipeline - for environmental groups in successful opposition of project (led by Jane Sharp, with Sean McArdle and Suganya Pathan)
Government Land Standing Advisory Committee - Tranche 23 (AC) [2020] PPV 25
Social Housing Renewal Standing Advisory Committee Report 7 (AC) [2017] PPV 142
Planning Panel hearings
Whittlesea C241wsea (PSA) [2021] PPV 10 (led by Peter O'Farrell)
Wyndham C243 (PSA) [2020] PPV 37
Greater Geelong C395ggee (PSA) [2020] PPV 36
Bayside C165 (PSA) [2019] PPV 70
Knox C150 (PSA) [2017] PPV 29 (led by Stuart Morris KC)
Melton C146 and C147 (PSA) [2017] PPV 17 (led by Simon Molesworth KC)
Hume C207 and 208 (PSA) [2017] PPV 138
Proceedings in respect of decisions under Planning and Environment Act 1987
Valente v Monash CC [2023] VCAT 729
Extractive industry – whether rehabilitation "development" and/or "use" of land
Box v Stonnington CC [2023] VCAT 715
Relevance of issues alleged to arise under Commonwealth legislation to applications under Planning and Environment Act 1987
Cahill v Bayside CC [2023] VCAT 690
Application to stop development under section 93 Planning and Environment Act 1987 – removal of restrictive covenant
Barro Group Pty Ltd v Cardinia SC [2023] VCAT 252
Extractive industry – construction of historical permit – extent of use and development rights (led by Emily Porter SC)
Wrixon Manor Pty Ltd v Bayside CC [2022] VCAT 315
Residential aged care facility (led by Nick Tweedie KC)
Hi-Quality Quarry Products Pty Ltd v Hume CC [2022] VCAT 22
Extractive industry and landfill – secondary consent (led by Chris Canavan KC)
Strath Central Pty Ltd v Greater Bendigo CC [2022] VCAT 18
Service station development in Mixed Use Zone (led by Chris Townshend KC)
Greater Western Water v Macedon Ranges SC [2021] VCAT 1514
Telecommunications tower in reserve (led by Marita Foley SC)
SMA Projects Pty Ltd v Stonnington CC [2021] VCAT 897
Residential hotel – development of airspace above railway (led by Chris Townshend KC)
GMP Land Nominees Pty Ltd v Whitehorse CC (Corrected) [2021] VCAT 781
Retention of trees and development of land in Significant Landscape Overlay (unled)
Angle Victoria Pty Ltd v Boroondara CC [2021] VCAT 669
Mixed-use development in Camberwell Junction Major Activity Centre (led by Adrian Finanzio SC)
LPG Laverton Property No. 5 Pty Ltd v Wyndham CC [2021] VCAT 361
Enforcement of section 173 agreement – interpretation as 'hybrid instrument' – jurisdiction of the Victorian Civil and Administrative Tribunal and discretionary factors (led by Nick Tweedie KC)
Zero Waste Victoria Inc v EPA & Recovered Energy Australia Pty Ltd (2020, VCAT, resolved prior to hearing)
Application for review of works approval under Environment Protection Act 1970 – conditions on works approval in respect of waste-to-energy facility
Bracha Investments (Lansell Road Land) Pty Ltd v Stonnington CC [2020] VCAT 1007
Application to review refusal of application for planning permit (for the permit applicant, led by Adrian Finanzio SC)
Latitude 38 Pty Ltd v Mornington Peninsula SC [2019] VCAT 1796
Application for review of decision to refuse compliance certificate - existing use rights - nature and extent of existing use rights - interpretation of planning scheme definitions - relevance of permit conditions as restriction or condition on existing use rights (for the applicant; led by Paul Connor KC)
Ausvest Holdings Pty Ltd v Melbourne CC [2019] VCAT 1697
Application for review of decision to grant permit for restaurant in Chinatown heritage precinct - characterisation of use and presumption of compliance - heritage - relevance of nature of use to heritage values of a precinct - acoustic impacts (for the applicant; led by Stuart Morris KC and Adrian Finanzio SC)
Pro Estate Holdings Pty Ltd v Bayside CC [2019] VCAT 1366
Repeat appeal - infill development in major activity centre - neighbourhood character and amenity - principles regarding repeat appeals and 'correcting' repeat appeals (for the developer; led by Nicholas Tweedie SC)
Fallscheer v Surf Coast SC [2019] VCAT 1261
Application for review of decision to grant permit - noise impacts, amenity and application of Noise from Industry in Regional Victoria (NIRV) guidelines in rural tourist establishment (for the permit applicant)
EPH Enterprises Pty Ltd v Greater Dandenong CC [2019] VCAT 1252
Application for review of refusal to grant permit - noise impacts - application of and methodology of assessment under State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (‘SEPP N-1’) (for the permit applicant)
Steadfast Capital Pty Ltd v Minister for Planning [2019] VCAT 1233
Permit conditions review - major redevelopment of ‘The Walk’ building in the Melbourne CBD - vehicular servicing and pedestrian use of CBD lanes (for the Minister)
Fivex Pty Ltd v Melbourne CC (Red Dot) [2019] VCAT 138
Application for declarations and review of refusal to grant or extend permit in relation to erection and display of high wall signs within Melbourne CBD - lawfulness of erection pursuant to permit - estoppel of responsible authority - application for extension of permit (for the developer; led by Nicholas Tweedie SC)
Pacific Hydro Yaloak South Pty Ltd v Moorabool SC [2019] VCAT 11
Permit conditions review - wind farm - regularity of environmental inspection and reporting obligations (for the responsible authority)
Surf Coast Shire Council v DP & JL Dunoon Pty Ltd & Anor [2018] VCAT 1551
Application for enforcement order - existence and extent of existing use rights - characterisation of use - identification of planning unit - lawfulness of earthworks and landscaping (for the respondent; led by Paul Connor KC)
Peet Craigieburn Pty Ltd v Hume CC [2018] VCAT 990
Review of refusal to grant a permit for subdivision of land identified in Precinct Structure Plan as reservoir protection mechanism - whether residential use of land 'generally in accordance with' PSP - impact of development on Greenvale Reservoir - creation of easements and restrictions (for the developer; led by Susan Brennan SC)
Morwell Power Station and Briquette Factories H8201 [2018] VHerCl 1
Heritage Council registration hearing - nomination of former Morwell Power Station and Briquette Factories for inclusion on the Register - relevance of questions of economic and reasonable use of the place to question of registration (for the owner; led by Nicholas Tweedie SC)
Preston Market Developments Pty Ltd v Darebin CC [2017] VCAT 1689
Review of refusal to grant a permit for the residential development of Preston Market - relevance of section 173 agreement to assessment of parking provision (for market landowner)