When the environmental planning process ends in dispute, Practical Ecology can appear before the legal forum as an expert witness, strongly supporting its assessments with clear, logical arguments.
Sometimes environmental planning issues have to be resolved by a court, Planning Panel or the Victorian Civil and Administrative Tribunal (VCAT). Examples include when there are planning permit objections or alleged illegal native vegetation clearance. For the best outcome, it’s crucial that our client’s position be understood by the court. Practical Ecology’s expert witnesses are respected as serious, credible environmental experts who present complex issues in a clear, concise manner.
All Practical Ecology’s ecological reports are prepared with the understanding that we might be called upon to present them as evidence in VCAT, before a Planning Panel, or at an Environmental Effect Statement (EES) hearing. When this is the case, we can easily adapt our report into an ‘expert witness statement’ that suits the legal forum. Our expert witness then appears before the forum to support our statement and the report it’s based on. If required, we can conduct additional research to better support our clients, such as documenting environmental damage or preparing environmental rehabilitation plans. Practical Ecology can also support planning applications at VCAT by preparing expert witness statements from other consultants’ reports.
Practical Ecology provides our clients with strong support when planning conflicts require a legal review. Our familiarity with environmental law has earned us a reputation for providing clear, independent expert opinion.
The clearing of native vegetation for a fire access track led to conflict between two neighbouring families near Lakes Entrance, Victoria. The track was cleared through vegetation by one family on the other’s property without permission. Practical Ecology was engaged by the affected family to assess the damage. Our detailed report found the vegetation had been of ‘Very High Conservation Significance’, and its clearing possibly violated planning laws.
The family whose vegetation had been cleared took the other family to the Supreme Court. Lincoln Kern, Practical Ecology’s Managing Director, appeared in court to give his expert opinion and provide a 12 page expert witness statement. Lincoln has over 15 year’s experience in environmental planning and ecological restoration.
The matter was settled in favour of the family whose land had been cleared. They considered Lincoln’s statement and testimony critical to the success of their case.
Photo: Lincoln Kern, Managing Director of Practical Ecology
A proposed development in Eltham was referred to VCAT after the local shire council, Nilumbik, failed to determine the planning application within the required 60 days. The developer proposed to subdivide a block into six lots for a rural residential development, setting aside one part of the block as a conservation reserve. Although the land was degraded, it contained some native vegetation with potential for restoration. While the council received 17 objections to the plan, it supported the development proposal but wanted amendments as it considered an on-site conservation reserve to be incompatible with the development.
In preparation for the VCAT hearing, the developer employed Practical Ecology to review the initial ecological consultant’s report which had indicated the methods with which the subdivision could satisfy the requirements to offset loss of native vegetation.
Practical Ecology’s report generally supported the initial consultant’s findings. Practical Ecology found the proposal satisfied legislative requirements to avoid and minimise habitat loss, while the calculations used to determine the required offsets were valid. Practical Ecology did not support the council’s view that the proposed conservation reserve was inappropriate, finding an onsite reserve would lead to better ecological and social outcomes.
Photo: Donkey orchid
Our office will close on Friday Dec 23rd, 2011 and re-open Tuesday January...
The Practical Ecology GIS department baked a special cake to celebrate...
Staff at Practical Ecology celebrated Ride to Work Day on 12th October 2011...
Still a core and ongoing aspect of PE is our planning and advice service...
PE has recently undertaken several large-scale ecological connectivity...
Practical Ecology has been busy with many fire related projects over the...
