Road law
- Injunction proceedings regarding Parts 3 and 8, Major Transport Projects Facilitation Act 2009 (Vic).
- Revenge strip analysis and strategic advice to landowners regarding development and negotiations with Council.
- Complex advice and action regarding disused and unregistered roads on titles.
- Consideration of effect of 1951 public highway gazettal under the Local Government Act 1946 (Vic) on plan of subdivision.
- Advice and submissions regarding proposed municipal transport strategy and capital works program implementation, including legal implications of proposed parking restrictions.
- Review of Pedestrian Safety Crossing encroaching on private land and liaison with VicRoads in context of broad acre subdivision.
- Advising project architect and manager for supermarket expansion as to availability of private land for access, including detailed analysis of historic title dealings and registrations, historic planning controls and permit approvals, and advice on evidence and required approaches to Council negotiations and submissions in the context of public road law.
- Powers of Council in regard to access over Crown land, rights and ss 25(3)(c) or 25(5) Land Act 1958 (Vic).
- Car parking credits and requirements of a car parking zone linked with changes to land use and land use classification.
- Strategic advice as to managing and claiming easements of way by long user across a council carpark with complex site history.
- Investigation of claim for above ground possessory title by adverse possession and strategically negotiating setbacks from new possessory title boundary to new development construction.
- Advising owner of substantial commercial property as to Council’s legal analysis concerning underground carpark below a carriageway easement within context of major commercial redevelopment permit application.
- Road closures temporary and permanent. Road obstruction during construction works. Demand to Council and negotiations between Council, road users and developer. Road closures for community festivals – Carlton Festa, Glenferrie Road.
- Owner’s legal action opposing a nearby development approval that included obstruction of owner’s right of way.
- Boundaries of car parking policy areas with administrative law and litigation as to Council’s exercise of its statutory powers.
- Impact of increased residential density on on-street parking availability.
- Advising landowners as to proposed public purpose trail across their land and strategic approaches to optimising opportunities, trail alignment and compensation, including negotiations and planning panels hearing.
- Stacker car parks and legal implications for landowners including for developer and road users with a legal right of way.
- Road maintenance – agricultural road carriageway on private land, road’s poor condition, fruit being damaged due to transportation issues, advice to landowner as to strategic options, including alternatives of realigning easement, creating a public highway and road maintenance.
