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Mark Bartley

Special Counsel

LLB (Hons), Master of Urban Planning, BA (Geog)

P: 03 8602 7250

M: +61 411 759 065

E: MBartley@rk.com.au

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  • Water
  • Planning and Environment
  • Environment
  • Property Law

Mark is an LIV Accredited Specialist in Environment, Planning and Government with over 30 years legal experience. He advises on all planning, environment and major project approvals, water law and governance. He frequently appears in VCAT, Planning Panels and Advisory Committees representing local government and statutory authorities as well as land owners and developers.

Mark’s background includes 15 years in town planning and project management before commencing legal practice. He brings a practical solution focussed approach to property development, and all local, state and Commonwealth approval processes. He has acted in the water industry for 30 years advising on major projects, water policy, catchment protection, legislation and regulation and water trading.

Mark also advises on probity and governance issues and has acted as a State Government probity auditor. He has run legal and governance training programs for local government councillors and directors of water authorities.

Mark has been named “Lawyer of the Year” for Land Use and Zoning Law in Best Lawyers™ Australia 2019 edition. He is recognised in Best Lawyers™ Australia 2024 for Climate Change Law, Government Practice, Land Use and Zoning Law, Planning and Environmental Law and Water Law. He has also been named in Doyle’s Guide as one of Australia’s leading planning lawyers.

Experience

Mark’s recent experience includes:

  • Maribyrnong City Council: Advised Council on the planning scheme amendment documents and strategy and represented the Council in a Panel hearing for the introduction of an UDF and related controls for the Highpoint Activity Centre.
  • Whitehorse City Council: Advised on and drafted the UDF and DDO for a major Council redevelopment site in Box Hill; prepared all documents and acted in the tender sale of the site; represented the Council as landowner in the Panel hearing for the rezoning and implementation of controls;
  • Defence Housing Australia: Advised on planning controls and urban design requirements for the redevelopment of Defence Housing estates including at Simpson Barracks, Watsonia;
  • Wyndham City Council: Advised Council and acted in relation to the Wyndham Harbour Project, including the review and approval of the urban design framework.
  • DFC, Stockland, Peet Group and other developers: advised on the drafting of urban design restrictions to be registered under the Subdivision Act 1988, application of the Small Lot Housing Code and similar requirements for new residential estates;
  • Local government land sale and development: Acting for the Cities of Whitehorse and Brimbank in managing the tender sale of significant parcels of Council owned land. Coordinated the sale process and evaluation of proposals and assisted with planning approvals for these major redevelopment sites.
  • Dennis Family Corporation (DFC): Acted in numerous Precinct Structure Plan hearings and advised DFC on all aspects of planning approvals for major estates around Melbourne for the past 20 years. He acted in the 5 Precinct Structure Plans for the Armstrong Creek Growth Area at Geelong;
  • Central Highlands Water: Advised on all aspects of planning and water policy and regulation over 25 years, including representing the Authority in various VCAT and Planning Panel hearings and acting in obtaining approvals for the Goldfields Superpipe, an 80km pipeline through central Victoria. This involved complex environment and planning approvals including planning scheme amendments to 5 planning schemes.;
  • VicRoads: Acted for VicRoads in relation to Commonwealth and State approvals for various freeway and by-pass projects including Calder Freeway, Geelong Ring Road; Princes Highway West, Goulburn Vally Freeway, Echuca Crossing, Barwon Heads Bridge replacement and Western Highway upgrade between Ballarat and Horsham, which included EES and planning scheme amendments involving Aboriginal and post settlement heritage, flora and fauna impacts, flooding, local access and other issues. Appeared in multiple Advisory Committee and Panel hearings;
  • Arthurs Seat Gondola: Advised the proponent consortium and acted in a major planning appeal to secure approvals for the new gondola based lift at Arthurs Seat on the Mornington Peninsula. This involved complex issues regarding development in the State Park, vegetation removal, fire management and tourism master planning;