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 at 4/97 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:

  • disputes about contaminated land and EPA notices before VCAT and in the Supreme Court; 
  • major project inquiries and Environment Effects Statements;
  • criminal proceedings before the Magistrates' Court under planning and building legislation;
  • Commonwealth environmental law; 
  • claims under the Water Act 1989;
  • valuation disputes; and
  • drafting and reviewing environmental provisions in property transactions, infrastructure and share purchase agreements.

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


Matters of interest

Local government and objector clients

  • Defend refusal of Freeway service centre in Woodend: BWK Properties v Macedon Ranges SC [2021] VCAT 686 
  • Defend refusal of 3-4 storey residential aged care facility in Sorrento: Matthies Property Investments v Mornington Peninsula Shire Council [2022] VCAT 535
  • Defend refusal of 87 lot subdivsion in Kyneton South: St Leonards Property Holdings v Macedon Ranges SC [2022] VCAT 26
  • Defend refusal of large scale resort proposal: Apollo Bay Tourism Resort [2018] PPV 123 
  • Defend refusal of caravan park in Green Wedge Zone: Resil v Melton CC [2019] VCAT 696
  • Defend refusal of truck storage facility abutting Western Freeway (Priority Projects Standing Advisory Committee)
  • Act for local government joint venture in compulsory acquisition of a closed landfill
  • Act for valuation authority in valuation disputes concerning open space equalisation payments and revaluation of broadacre land in growth corridors
  • Western Port Woodlands: represent three conservation groups before Distinctive Areas and Landscapes Standing Advisory Committee
  • Existing use rights - act for local government clients in claims for existing use rights concerning Kyneton Aerodrome and a commercial accommodation facility in the Green Wedge Zone
  • Amendment of a permit: Act for neighbours in relation to several height increases approved by 'secondary consent' for a retirement village (orders secured requiring reduction of height)

For permit applicants and landowners

  • Service station and convenience restaurant: Gaage Developments Pty Ltd v Greter Geelong CC (No.2) [2023] VCAT 1416
  • Treetop adventure course: Amendment C107 to Banyule Planning Scheme
  • Act for proponent of mixed use towers in Fishermans Bend and Southbank (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
  • Act for proponent of museum in Phillip Island
  • Act for landowners pursuing variation of restrictive covenant before Supreme Court 
  • Secure permit for child care proposal in The Basin (with Align Law)
  • Secure enforcement orders for unlawful removal of native vegetation
  • Advise commercial and industrial landowners regarding obligations under the Environment Protection and Biodiversity Conservation Act 1999
  • Contamination issues: 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




Liability limited by a scheme approved under Professional Standards Legislation