Wendy Evans

Clayton Utz Partner , Brisbane Work T +61 7 3292 7590 cell [email protected] https://www.claytonutz.com

Planning lawyer Wendy Evans FPIA, initially set out to be a town planner. She commenced her first planning role in 1999 with a national developer and community builder: where she quickly confirmed her enormous passion for excellence in planning outcomes. Wendy has helped deliver these outcomes for developer and government clients, navigating the complexities of planning and environmental law in Queensland, for over twenty years.

Wendy brings a unique and valuable perspective to her practice, having been exposed to a wide range of complex and challenging planning and development issues – both as a town planner and as a lawyer. Her background as a practicing town planner has given her a unique perspective and insight into the intricacies of statutory planning. For government clients, she has developed a specialist practice in the legal review and development of local government planning instruments, including planning schemes, infrastructure plans, infrastructure charging instruments, legislation and an array of policy documents.

Being so well-versed in the creation of planning instruments for government, also means Wendy is highly sought-after by developer clients, who want a specialist to advise on development strategies, application structure, the navigation of development assessment, Planning and Environment Court appeals, originating applications, and the preparation and negotiation of infrastructure agreements.

Recognition

Doyle’s Guide: Recommended Planning and Development Partner (2019-2022)
Lawyers Weekly Partner of the Year: Finalist (2020)
Planning Institute of Australia: Fellow member (2017)

qualifications

Bachelor of Environmental Planning (Hons), Griffith University (1999)
Bachelor of Laws (Hons), Queensland University of Technology (2004)
Graduate Diploma in Legal Practice (2005)

admitted to practice

Queensland (2005)

affiliations

Queensland President: Planning Institute of Australia (2018 – 2020)
Non-executive Director (national board role): Planning Institute of Australia (2020 – current)
Development Tribunal Referee: (2018 – current)
Management committee member (holding the positions of both Secretary and Vice-President): Queensland Environmental Law Association (2004 – 2014)
Seasonal lecturer – Law Faculty UQ (Planning Law): (2008 – 2019)

Expertise

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Environment and Sustainable Development

Local Government

Local Government: Completed to a full legal review of the planning schemes for Toowoomba Regional Council, Gold Coast City Council, Redland City Council and the Scenic Rim Regional Council (together with associated officer, Councillor and industry training in respect of the Gold Coast City Plan).

Toowoomba Regional Council: Acting for Council in relation to the development of their new planning scheme. Acted on behalf of the Toowoomba Regional Council against Wagner Investments, in ten appeals filed disputing the infrastructure charges levied with respect to the Wellcamp Airport and Business Park.

Gold Coast City Council: Produced the model conditions for Gold Coast City Council and associated officer training.

State Government

Queensland State Government: Advised the State government in relation to matters going to climate change and the Queensland State Planning Policy (SPP).

State Assessment and Referral Agency: Assisted the State government (SARA) in the production of its initial model conditions package and the initial Planning Act 2016 version.

Private Sector

Racing Queensland: Acted for Racing Queensland in planning and resumption matters.

Fort Street Real Estate Capital: Acted for Fort Street Real Estate Capital Pty Ltd to secure approval of a McDonalds in Birkdale overcoming the Redland City Council decision to refuse.

McDonalds: Acted for McDonalds Australia in relation to various restaurant sites across Queensland.

Hanson Construction: Acted for Hanson Construction with respect to various quarry sites in Queensland.

Sunshine Energy: Acted for Sunshine Energy to secure the approval via the Planning and Environment Court, of the world’s largest single site solar farm.

Litigation and Dispute Resolution

Toowoomba Regional Council: Successfully acted on behalf of the Toowoomba Regional Council in Queensland’s first conversion appeal (The Avenues of Highfield Pty Ltd v Toowoomba Regional Council).

Gold Coast City Council: Acted for the Gold Coast City Council in various Planning and Environment Court disputes including in the planning scheme interpretation matters of Ballard v Brett & the Gold Coast City Council and Brett v Gold Coast City Council.

Ipswich City Council: Successfully acted on behalf of the Ipswich City Council in the Black Ink Architecture appeal on behalf of Gladstone Regional Council in the Boyneglade Property Developments Pty Ltd appeal.

See Environment and Sustainable Development

Government Services

Queensland State Government: Advised the State Government in relation to matters going to climate change and the Queensland State Planning Policy (SPP). As part of a consortium of consultants, provided the legal input into the 2022 review of the Extractive Industry assessment framework.

State Assessment and Referral Agency: Assisted the State government (SARA) in the production of its initial model conditions package and the current Planning Act 2016 version.

Local Government: Trusted advisor to various local government clients, going to matters concerning statutory planning and strategic planning, enforcement and compliance, infrastructure planning and funding, Planning and Environment Court appeals, Planning and Environment Court originating applications, development assessment and processes, training and individual site assistance.

See Government Services

Knowledge

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