Draft environmental planning instruments can significantly influence the assessment of development applications, the conditions ultimately imposed on consent and the prospects of success in the Land and Environment Court. Understanding the weight to be given to evolving planning controls and how best to navigate applications and appeals during periods of regulatory change, remains a complex and strategically important challenge for practitioners. This practical session will focus on the impact of draft environmental planning instruments on development assessment and appeal strategy. You will explore the circumstances in which draft controls may be taken into account by consent authorities and the Court, the operation of savings provisions and the strategic options available when planning frameworks are in transition. The session will also address conditions of consent in changing regulatory environments, equipping you with practical guidance to advise clients, manage risk and make informed decisions throughout the DA and appeals process.

Presenters

Katharine Huxley, Special Counsel, Holding Redlich
Katharine specialises in planning, development and environmental law with a particular interest in civil litigation within these areas. Katharine provides pragmatic and strategic advice to government and private sector clients on matters spanning planning and environmental law, local government law and administrative law. She regularly appears in the Land and Environment Court of NSW as a solicitor advocate and instructing counsel and has expertise acting on all sides of disputes including development appeals, order appeals, civil enforcement and judicial review proceedings. Katharine is recognised for planning and environmental law in the 2025, 2026 and 2027 editions of Best Lawyers: Ones to Watch and the 2026 edition of Doyle’s Guide Planning and Environmental Law Rising Stars. Katharine sits on the NSW Law Society Environmental Planning & Development Committee, and is currently completing a Masters in Environmental Law.

Paul Brazier, Special Counsel, Holding Redlich
Paul Brazier is a specialist planning and environmental lawyer with extensive experience advising developers, government agencies and local councils on complex planning, infrastructure and land acquisition matters. As Special Counsel at Holding Redlich, he practises across environmental and planning law, compulsory acquisition, infrastructure projects and regulatory disputes, with a particular focus on the legal and commercial issues arising from major transport and development projects. Paul is recognised for his expertise in compulsory acquisition law and is regularly engaged on significant and high-profile land acquisition matters, including complex proceedings in the Land and Environment Court. He also advises on contamination risk, land acquisition agreements, environmental liabilities, roads legislation and strategic planning issues affecting both public and private sector clients. Before joining Holding Redlich, Paul held senior legal roles with Transport for NSW and Roads and Maritime Services, providing him with valuable insight into government decision-making, infrastructure delivery and regulatory processes. His experience on both the government and developer sides enables him to deliver commercially focused and practical advice on complex planning and environmental challenges