About PE Law 

Barnaby McIlrath founded PE Law in 2019. He is an accredited specialist in Victorian planning and environment law with 20 years of experience.  He has appeared in hundreds of matters before VCAT, Planning Panels Victoria, as well as acting in appeals and judicial review proceedings in the Supreme Court of Victoria. 

Our office is located in Hyde Street, Footscray, a short walk from Footscray Station.  

PE Law offers strategic and cost effective advice and representation in planning appeals, enforcement and declaration proceedings, applications to cancel and amend permits, planning scheme amendments and major projects.  We can also assist you with mediations, section 173 agreements, biodiversity offsets and carbon farming projects.  

We are experienced in:

  • planning appeals and related proceedings
  • disputes with the Environment Protection Authority or under the Environment Protection Act 2017
  • major project inquiries and Environment Effects Statements
  • compensation and valuation disputes
  • criminal proceedings under planning and building legislation
  • Commonwealth environmental law
  • claims under the Water Act 1989
  • drafting and reviewing environmental provisions in property transactions, infrastructure and share purchase agreements.

Please contact barnabym@pelaw.com.au for further information about our services.



 

Matters of interest

Local government 

Objector clients

  • Act for neighbours in declaration proceedings regarding several height increases approved by 'secondary consent' for the Rivervue Retirement Village (consent orders secured requiring reduction of height)

  • Secure enforcement orders in relation to removal of native vegetation

  • Act for Lyndhurst Residents Association (pro bono) in relation to declaration proceedings concerning the approval of the Hampton Park Hill Development Plan 

  • Westernport Woodlands - act for various environment groups: Distinctive Areas and Landscapes Standing Advisory Committee Referral 3 Report (AC) [2023] PPV 33

For permit applicants and landowners

  • Act for operator of organic waste processing facility in response to civil penalty proceedings commenced by the EPA and related proceedings at VCAT

  • Act for claimant in $8m 'loss on sale' compensation claim regarding the reservation for the Outer Metropolitan Ring Road project

  • Act for various parties in applications for leave to create compulsory easements under section 36 of the Subdivision Act 1988

  • Secure approval of 11 lot residential subdivision in Seymour

  • Act for proponent of extractive industry before VCAT

  • Act for National Vietnam Veterans Museum in relation to $50m museum in Phillip Island

  • Negotiate compensation agreements with Suburban Rail Loop Authority for affected landowners

  • Secure permit for service station and convenience restaurant in Geelong: Gaage Developments Pty Ltd v Greater Geelong CC (No 2) [2023] VCAT 1416 

  • Act for proponent of treetop adventure course in Ivanhoe: Banyule C107bany (PSA) [2021] PPV 69

  • Act for proponent of 25 storey mixed use tower in Fishermans Bend (with Align Law): Fishermans Bend Standing Advisory Committee Tranche 5 (AC) [2022] PPV 36

  • Represent owner of broadacre land before Wonthaggi North East Precinct Structure Plan Planning Panel

  • Secure variation of restrictive covenants under section 84 of the Property Law Act 1958 

  • Secure permit for child care proposals in The Basin and Lara

  • Advise commercial and industrial landowners regarding obligations under the Environment Protection and Biodiversity Conservation Act 1999

  • Advise landowners on compliance with new duties under the Environment Protection Act 2017

  • Draft and review 'section 173' agreements, works in kind agreements and native vegetation offset agreements

  • Act for landowners in review of carbon farming agreements

Enforcement order applications

Major Projects 

  • Appear for RMIT Univerity in Melbourne Metro Rail Project Inquiry

  • Act for Cardinia SC before Victorian Desalination Project Inquiry

  • Act for Maribyrnong CC in West Gate Tunnel Inquiry

  • Assist various Councils in preparing submissions and evidence to the North East Link Inquiry and EPBC Act referral.

  • Appear for the Australian Conservation Foundation and other environment groups in relation to the extension of the Hazelwood Coal Mine

  • Act for various councils in developing local 'ESD' planning policies.



 

 

 
 

Liability limited by a scheme approved under Professional Standards Legislation