Brendan Foley
Special Counsel
bfoley@tglaw.com.au
+61 8 9404 9126
+61 402 577 770
vCard
Perth
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Areas of Expertise

Environment & Planning, Construction & Infrastructure, Heritage

Brendan is a qualified lawyer and town planner with many years' experience working in the property development industry.

Brendan specialises in assisting clients to deliver complex infrastructure, commercial development and subdivision projects, and is regularly involved in providing advice and advocacy from the very start to the very end of a project.

Brendan's experience in planning, environment, land compensation, property and construction includes conducting appeals in the State Administrative Tribunal and Supreme Court to resolve land use conflicts, neighbour disputes and regulator disputes; drafting and dissecting administrative policies and by-laws; preparation and conduct of public deputations; detailed due diligence and the negotiation of complex agreements (including leasing, licencing, costs sharing and construction contracts).

He is an industry representative to the Curtin University, Urban and Regional Planning Program Advisory Committee (URP PAC), which advises the University oncourse direction, curriculum changes and resourcing.

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What others say

"Rising Star, Planning & Environment Law, Western Australia"
Doyle's Guide (2022 - 2023)
"Recommended Lawyer, Planning & Environment Law, Western Australia"
Doyle's Guide (2024)

Experience

Dato Holdings Pty Ltd

Advising Dato Holdings Pty Ltd on the A$100 million Kardinya Park District Shopping Centre redevelopment. This involved, from inception of the project, managing client interface on all legal aspects of the project including, due diligence, regulatory approvals, disputes, contractor engagement, leasing, strategic advice and ongoing management.

Burswood Care

Advising Burswood Care on the A$25 million Duncan Street, Victoria Park Nursing Home development. This involved providing strategic advice and advocacy through Council, JDAP and ultimately SDAU process and resulted in the SDAU approving a new 4-storey, 120 bed, high care facility with significant variations to the existing planning framework.

Primewest

Advising Primewest on the A$2.1 million development of a new 7-Eleven at Northlands Shopping Centre in Balcatta. This included providing advocacy before the JDAP to address questions of legal interpretation and how the JDAP should exercise discretion when comments were received from government agencies against the application. The written and verbal deputations resulted in the JDAP reading down the submissions against the proposal, and approving the application.

Mosole Family

Advising the Mosole Family on the A$5 million development of a roadhouse and showroom development on Rockingham Road, Naval Base. This included providing advocacy in order to obtain relevant approvals for the development and re-subdivision of the subject land, as well as new expanded RAV access to Rockingham Road from Main Roads and involved advocacy before relevant Ministers, Commissioners, and officers to negotiate mutually acceptable outcomes.

Roshana Group

Advising Roshana Group on the $15 million Valencia Nursing Home redevelopment. This involved providing strategic advice and advocacy through multiple SAT mediations and JDAP meetings to facilitate approval for a 120 bed redevelopment of an existing aged care facility in the City of Kalamunda.

Mosman Park residence

Advising on the A$3 million+ redevelopment of a palatial residence in Mosman Park overlooking the Swan River for a high net worth family. This involved plan preparation, sub contractor engagement and minor modifications to obtain best prospect of approval and also included a detailed deputation to a hostile local council meeting where multiple resident and councillor objections were raised against variations to various local planning framework standards. After giving the deputation and addressing all questions raised, the Council approved the application.

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