Annabel Viner

Special Counsel

Annabel leads the planning practice within the Property and Planning Team at Burke & Associates Lawyers. She has over 15 years’ experience in mid and top-tier commercial practices in Melbourne and Perth working in planning and environment, property, local government and commercial litigation teams.  In addition, Annabel has worked in-house for a leading telecommunications company advising on land access, planning, environment, property and native title. 

Annabel is a highly skilled senior lawyer with wide-ranging experience. Her area of focus is planning law and property development as well the environmental, heritage and associated regulatory regimes affecting the use and development of land. Her practice extends to advising on general commercial, contract and property matters for a range of businesses, with a particular interest in advising property developers and medical and allied health professionals in establishing their practices.

Annabel has acted for individual and corporate private clients as well as Councils, governments departments and statutory authorities. Annabel has demonstrated the ability to advise and represent her clients in a practical, insightful and strategic way with the necessary attention to detail required to navigate the complex legislative regimes affecting the existing and proposed use and development of land.
Annabel is passionate about the diverse issues arising in planning law affecting a range of industries and developments located in Melbourne metropolitan areas, the CBD and regional growth areas and urban centres.

Annabel is well regarded for developing great working relationships with her clients, as well as other stakeholders in any given matter, assisting in the cooperative progression of both transactional and litigious matters.

Outside of work Annabel loves caring for her school aged daughters, participating in their activities in Melbourne and enjoying the coast on the Mornington Peninsula and in and around Perth.

Practice Focus

Planning, Property and Development including:

  • Due diligence (planning, environment, native title, cultural heritage) regarding proposed or existing developments in a range of sectors (including medical facilities, low and high rise residential and mixed use developments, industrial developments, service stations, timber plantations and renewable energy - solar and wind farms)
  •  Assisting clients in the approvals/permit process (planning, environment, heritage, other), including liaising with Councils and statutory authorities
  •  Representing clients in applications to the Victorian Civil and Administrative Tribunal (VCAT), the Heritage Council and to the Supreme Court, Victoria (permit applicant appeals/reviews, objector appeals, applications seeking a declaration)
  •  Drafting and negotiating land use agreements under section 173 of the Planning and Environment Act (Vic) 1987 relating to a range of matters (bushfire management, restrictions on lots, wind farm development requirements, payment of developer and infrastructure contributions)
  •  Regulatory compliance (planning, environment, heritage, other legislation) and enforcement
  •  Statutory interpretation (particularly planning scheme controls)
  •  Interpretation of restrictive covenants
  •  Existing use rights
  •  Public open space
  •  Potentially contaminated land
  •  Developer contributions under DCP’s, ICP’s and the GAIC regime
  •  Amending planning permits, planning schemes and restrictive covenants
  •  Land access under specific legislative regimes 
  •  Heritage issues arising under both local planning schemes and state legislation
  •  Aboriginal Cultural Heritage
  •  The operation of the Land, Acquisition and Compensation Act

 Professional Qualifications and Memberships

  •  Bachelor of Arts – Politics and French (University of Western Australia) 
  •  Bachelor of Laws (Murdoch University)
  •  Admitted to practice in Victoria and Western Australia
  •  Member Victorian Planning and Environmental Law Association (VPELA) 
  •  Member Law Institute Victoria (LIV)  
  •  Member Property Council of Australia (PCA), Victorian Division (employee of an organisation)
  •  Past planning committee member Urban Development Institute of Australia (UDIA), WA branch
  •  Past executive committee member National Environmental Law Association (NELA), WA branch 
  •  Past member Law Society of Western Australia