Here is a small selection of the matters Darren has worked on during the course of his career. Many further credentials can be provided if required.
Planning appeals and litigation (merit and judicial review)
Acting for Luna Park Sydney (a subsidiary of Brookfield) in relation to:
- Class 4 judicial review proceedings in the Land and Environment Court challenging the refusal of a private certifier to issue a construction certificate for a new ride
- Class 1 merit appeal proceedings in the Land and Environment Court challenging an order issued under the Environmental Planning and Assessment Act 1979 concerning lighting issues
- defending Supreme Court of NSW proceedings in relation to claims relating to alleged misrepresentations made in a development application
- Acting for Goldwind Australia in Class 4 judicial review proceedings in the Land and Environment Court in relation to a decision of the Planning Assessment Commission (now the Independent Planning Commission) to refuse an application to modify the Part 3A Project Approval for the Gullen Range Wind Farm.
- Acting for QIC Limited in Class 4 judicial review proceedings in the Land and Environment Court in relation to the Stage 3 Expansion of the Castle Towers Shopping Centre and in Class 1 proceedings in relation to its shopping centre at Blacktown.
- Assisting in the successful defence of AGL Energy in Class 4 judicial review proceedings in the Land and Environment Court challenging the validity of its Part 3A Planning Approval brought by the Environmental Defenders Office in relation to a coal seam gas project.
- Acting for Carter Holt Harvey in Class 1 merit appeal proceedings in the Land and Environment Court in relation to a development it opposed on land adjoining its manufacturing facility at Oberon, NSW.
- Acting for Primary Health Care in a successful Class 1 merit appeal in the Land and Environment Court of Council’s refusal to grant development consent for its proposed medical centre at Brookvale.
- Defending Waste Assets Management Corporation in Federal Court proceedings in relation to the alleged supply of asbestos-containing organic material to a mining site.
- Defending Mirvac in Federal Court proceedings in relation to alleged representations about a proposed residential development.
- Advising Macquarie Group in relation to strategic planning issues relating to its proposed over station development at Martin Place as part of the Sydney Metro Project.
- Advising a confidential bidder in relation to planning issues associated with the acquisition of Westconnex.
- Advising Greenland Group on strategic planning and heritage floor space issues in a City of Sydney residential tower redevelopment.
- Advising Toga Group, Greenland Group and QIC in relation to the preparation and negotiation of voluntary planning agreements.
- Advising Luna Park Sydney regarding complex issues relating to the proper construction of its development consents including responses to ‘show cause’ notices and regulatory issues raised by the Department of Planning and Environment.
- Advising Primary Health Care in relation to planning issues at several medical centres including Brookvale Medical Centre, Corrimal Medical Centre, Dapto Medical Centre, Darlinghurst Medical Centre, Mt Druitt Medical Centre, Munn Street Medical Centre, Nurellan Medical Centre and a proposed medical centre at Fairfield.
- Advising Patrick in relation to approval issues associated with the expansion of its terminal at Port Botany.
- Advising Pacific Partnerships in relation to planning and development issues associated with the ACT Capital Metro.
- Advising Patrick in relation to the requirements to export lead/zinc concentrate.
- Advising various clients in relation to environment protection licences and related issues.
- Advising Transport for NSW in relation to heritage issues associated with the upgrade of various heritage listed train stations.
- See details below regarding various environmental regulatory investigations and prosecutions.
- Advising Orica Australia in relation to contamination issues at its legacy site in Botany, NSW including in relation to an Independent EPA review into off-site mercury impacts in proximity to its former chlor-alkali plant.
- Advising Barangaroo Delivery Authority in relation to significant contamination issues associated with a former gasworks facility.
- Advising Furukawa in relation to contamination issues associated with the former copper refinery at Port Kembla.
- Advising Lendlease in relation to waste and contamination issues at a development site.
- Advising Greenland Group in relation to contamination issues associated with the redevelopment of a former contaminated site at Leichardt.
- Advising Toga Group in relation to the management and redevelopment of contaminated sites at Kensington and Surry Hills.
- Advising Transport for NSW in relation to contamination issues identified during development works at several train stations.
- Advising various clients including Orica Australia and George Weston Foods regarding the allocation of contamination risks in sales contracts.
Regulatory investigations and prosecutions
- Advising the NSW Resources Regulator in relation to a complex compliance investigation concerning a confidential mining company in NSW.
- Defending AGL Energy and Visionstream in relation to prosecutions by the Department of Planning and Environment concerning the disclosure of reportable political donations.
- Advising Boco Rock Wind Farm and Bodangora Wind Farm in relation to regulatory investigations by the NSW Department of Planning and Environment in relation to alleged disturbance of Aboriginal objects.
- Advising Asciano Group (including Pacific National and Patrick) in relation to a number of environmental incidents, regulatory investigations and environmental and safety prosecutions.
- Advising Visy Paper and Recycling in relation to a water pollution incident at its Smithfield site in NSW.
- Defending George Weston Foods in relation to a prosecution by the EPA for a pollution offence.
- Defending Toll Group and Jasol (a division of George Weston Foods) in relation to prosecutions relating to the transportation of dangerous goods.
- Advising Transport for New South Wales in relation to a number of environmental incidents and EPA investigations involving major rail infrastructure projects.
- Advising Sydney Trains in relation to an environmental incident including assisting with the incident investigation and responding to statutory notices.
- Advising Thiess regarding the alleged disposal of waste on land by a contractor.
- Advising Luna Park Sydney in relation to a number of regulatory compliance issues raised by the Department of Planning and Environment.
- Advising AGL Energy in relation to obtaining and complying with all planning, environment and regulatory approvals in relation to the Nyngan Solar Plant, the Broken Hill Solar Plant (both part of the Commonwealth Solar Flagships Program) and the Silverton Wind Farm.
- Advising FRV in relation to regulatory enforcement issues concerning the Moree Solar Farm and advice and representation on complex regulatory issues under the EPBC Act in relation to the Royalla Solar Farm.
- Advising Goldwind Australia on planning and other approvals and regulatory enforcement issues in relation to the Gullen Range Wind Farm, White Rock Wind Farm, White Rock Solar, Gullen Range Solar, Coppabella Wind Farm and Cattle Hill Wind Farm. Darren also acted for Goldwind in successful Land & Environment Court proceedings challenging the decision of the Planning Assessment Commission to reject a s75W modification application of the project.
- Advising Tilt Renewables in relation to strategic planning and approvals issues in relation to the Rye Park Wind Farm and Kyoto Wind Farm.
- Advising EPYC in relation to the proposed Jupiter Wind Farm.
- Advising First Solar in relation to the Beryl Solar Farm.
- Advising Infigen in relation to the Bodangora Wind Farm.
- Advising various lenders in relation to several renewable energy projects including the Hornsdale Wind Farm, Glen Innes Wind Farm, Griffiths, Parkes and Dubbo Solar projects, Sunraysia solar farm, Wellington Solar farm and Metz Solar farm.