Colleen Schofield - a Sydney, NSW Lawyer

Pikes & Verekers Lawyers

Fax
02 9262 6175
Areas of Practice:

  • Advocacy with particular expertise in Land and Environment Court matters.
  • Preparing advices in relation to planning, local government and environmental matters.
  • Preparing and conducting class 1 and 2 appeals in the Land and Environment Court.
  • Preparing and conducting class 4 matters in the Land and Environment Court including contempt proceedings.
  • Preparing and conducting prosecutions in the Land and Environment Court and Local Court.
  • Mediation conferences pursuant to section 34 of the Land and Environment Court Act.
  • Heritage matters.
  • Class 1 appeals involving heritage and threatened flora and fauna.
Academic Qualifications:

  • LLB 1990, University of Sydney
Admission Details:

  • New South Wales 1990
Career Highlights:

Colleen has been involved in a number of reported cases including:

  • Australand No. 18 P/L v Auburn Council (2003) 127 LGERA 181.
  • Meriton Apartments Pty Limited v Minister for Urban Affairs and Planning 107 LGERA 363.
  • Kolback Environmental Services Limited v Auburn Council and Anor 98 LGERA 367.
  • Scully v Leichhardt Council 85 LGERA 109.
  • Colleen has also successfully represented a number of Councils in class 1 appeals.
  • Represented Auburn Council in an appeal against Council's refusal of an application for a residential flat building. The proceedings involved interpretation of a clause in the LEP relating to avoidance of isolation of adjoining lots. The appeal was dismissed: Grech v Auburn Council (unreported).
  • Appeared for Canada Bay Council in an appeal against Council's refusal of an application to demolish an existing building and erect a four-storey mixed development in the Majors Bay Road shopping precinct in Concord. The issues involved exceedance of the permissible floor space ratio, height, bulk, car parking and privacy. The Court found that the impact on the streetscape and non-compliance with the Council's controls were unacceptable and dismissed the appeal: Ciofuli v Canada Bay Council (unreported).
  • Advocate for Auburn Council in proceedings in which the Court dismissed an appeal against refusal of a development application for a medium density development which did not comply with the built form and streetscape controls of a recent DCP: Foneg v Auburn Council (unreported).
  • Represented South Sydney City Council in successful defence of Council's refusal of a development application for a 24 hour convenience store in Kings Cross: South Sydney City Council ats ABC Planning Pty Limited (unreported).
  • Represented South Sydney City Council in successful defence of Council's refusal of a development application for a brothel on Cleveland Street located contrary to anti-clustering strategy in Council's Sex Industry Policy: South Sydney City Council ats Cong (unreported).
  • Successfully defended Ku-ring-gai Council's refusal of large SEPP 5 development on a site containing a heritage item: Ku-ring-gai ats Joyce (unreported).
  • Successfully defended South Sydney City Council's refusal of a development application for a three-storey building containing commercial and residential uses in a significant conservation area: South Sydney City Council ats Theodorou (unreported).
  • Successfully defended Ku-ring-gai Council's refusal of a development application for a SEPP 5 development for aged and disabled persons: Ku-ring-gai Council ats Structured Finance Pty Limited (unreported).
  • Successfully defended Ku-ring-gai Council's refusal of a 19 lot subdivision on a bushland site adjoining a Crown Reserve at North Wahroonga where issues included impact on threatened flora and fauna, bushfire risk, loss of bushland and ecological issues: Ku-ring-gai Council ats Peter William Lean (unreported).
Professional Memberships and Presentations:

  • Environment and Planning Law Association (NSW) Inc.
  • National Trust
  • Historic Houses Trust of New South Wales
  • "Conditions of Development Consent"seminar paper presented to Auburn Councillors and Senior Officers
  • "Update on recent legislative changes"presented to South Sydney Councillors and Senior Officers
  • "Prosecutions"seminar paper prepared for South Sydney City Council
  • "Legislative Updates"
Employment History:

  • 1991 - current:  Lawyer, Partner and Special Counsel, Pikes & Verekers Lawyers

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