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Property & Development


Assisting you to navigate the unique planning framework of your locality, strategic planning advice in relation to the use and development of land and dispute resolution.

We consider it our mission to understand our client’s business and goals and to meet their objectives in a timely and cost effective manner.

Our planning team advises our clients on the current status of the law and legal processes to assist with a client’s decision to acquire or change the use of an existing development or to proceed with a proposed development. Our services extend to advising on your development’s continuing compliance with legal obligations under planning and associated legislation, conditions on planning permits and the terms of any land use agreement.

Practical, commercial and strategic advice

We provide our clients with practical, commercial and strategic advice as well as technically correct advice in the context of the complex suite of planning and associated legislation and permit processes. Our planning team comprises experienced property and planning lawyers to assist with all facets of planning,  property and related legal issues affecting your matter.

Planning and property expertise

Our property and planning lawyers work together on development projects to provide legal due diligence, ensure the seamless and timely authorisation and establishment of our client’s developments, conduct the effective appeal of any decision of an approving authority and to advise on continuing compliance.

We have the breadth of experience to help a range of clients:

  • Due diligence regarding proposed or existing developments (including medical, childcare and veterinary facilities, low and high rise residential and mixed-use developments, industrial developments).
  • Assisting the permit application process including liaising with Councils and statutory authorities
  • Representing clients (developers, objectors, Councils, referral authorities) in applications to the Victorian Civil and Administrative Tribunal (VCAT), the Heritage Council and to the Supreme Court, Victoria
  • Drafting, reviewing and negotiating land use agreements under section 173 of the Planning and Environment Act (Vic) 1987 (P & E Act)
  • Regulatory compliance
  • Statutory interpretation (particularly planning scheme controls)
  • Interpretation of restrictive covenants
  • Advice on issues arising under the P&E Act and relevant planning schemes, for example existing use rights, public open space provision, potentially contaminated land, developer and infrastructure contributions
  • Amending planning permits, planning schemes and restrictive covenants
  • Land access under specific legislative regimes
  • Heritage issues arising under both local planning schemes and state legislation
  • Aboriginal cultural heritage

Planning and associated issues

Our planning practice offers legal advice and representation at all stages of the lifecycle of property development. It extends to the provision of advice on the operation of regulatory regimes governing the use and development of land including:

  • planning
  • environment
  • heritage
  • native title
  • subdivision
  • land access and compulsory acquisition

Our range of clients

We act for clients on a range of developments and proposals including, commercial, residential, subdivision, agricultural and industrial developments.

We act for medical and allied health professionals in establishing their practices.

Our clients include corporate and individual developers, financiers, investors and superannuation funds. In addition we have demonstrated experience acting for both metropolitan and regional Councils in advisory work and representation in litigious and transactional matters.

Our Planning Lawyers

Kristy Muhlhan


Kristy Muhlhan

Since 2014, she has been a part owner and director of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does...

Annabel Viner

Special Counsel

Annabel Viner

Special Counsel
Annabel leads the planning practice within the Property and Planning Team at Burke & Associates Lawyers.
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