Mellisa Diqer
Mellisa’s practice focuses on planning and environmental matters. Mellisa works closely with Lestar Manning and is based in P&E Law’s Brisbane office.
Mellisa is passionate about environmental and social issues. Her legal work provides her with the opportunity to put that passion into action in a practical way. While keeping these bigger issues in mind, Mellisa applies her focus down to the best pragmatic outcomes for her client, society and the environment. Mellisa enjoys working collaboratively with her peers, clients and experts to achieve strategic, creative and commercial solutions for her clients. Her high-level skills in communication, leadership and teamwork give Mellisa the edge in negotiating with and for her clients.
Outside of work Mellisa enjoys exploring Brisbane’s foody scene and getting into the great outdoors with friends and family.
SKILLS
- Advising on matters under the Planning Act 2016 (Qld) including existing lawful use rights, use categorisation, changes to development approvals, conditions imposed upon development approvals, infrastructure charges and conversion applications.
- Assisting clients with development applications, including superseded planning scheme applications.
- End to end management of appeals and applications to the Planning and Environment Court;
- including drafting of all Court documents;
- including originating applications, notices of appeal, affidavits of service, application in pending proceedings, orders, affidavits of experts to support change applications, submissions and outlines of argument;
- and appearing in the Planning and Environment Court for directions, reviews, hearings and instructing Counsel at more complex hearings.
- Providing legal advice in relation to planning and environmental matters including:
- strategic advice on the development approval process;
- infrastructure charges and challenging local governments in relation to the calculation of the same;
- compensation claims resulting from adverse planning scheme changes;
- compulsory acquisition (acting on behalf of landowners) under the Acquisition of Land Act 1967 (Qld);
- enforcement and compliance matters under the Planning Act 2016 (Qld) Environmental Protection Act 1994 (Qld) and local laws;
- environmental permits and approvals under the Environmental Protection Act 1994 1994 (Qld) and the subordinate regulation and policies;
- neighbourhood disputes involving unlawful structures, swimming pools, dividing fences, trees, loss of views, and encroachment in the context of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), Property Law Act 1974 (Qld), and the Building Act 1975 (Qld) and its subordinate regulations;
- vegetation removal in the context of the Vegetation Management Act 1999 (Qld) and various local laws; and
- Local Law permits, approvals, offences and compliance matters, including obtaining licences for short stay letting under the Noosa regime.
Experience
- Successfully resolving an appeal to the Planning and Environment Court by consent between an individual property developer against an SEQ local government’s decision to refuse a development application involving a medium sized multi-lot subdivision (>20 lots) through to resolution, including a minor change hearing and final orders.
- Successfully settling an appeal to the Planning and Environment Court Acting for an individual property developer against a local council’s decision to refuse a development application for a small multi-lot subdivision (<20 lots).
- Successfully defending an appeal in the Planning and Environment Court against the decision of the local government to refuse an application to extend the currency for a development approval for a waste company. And successfully upholding an originating application in the Planning and Environment Court to make minor changes to a development approval for a large-scale waste facility.
- Successfully defending an appeal by a submitter to the Planning and Environment Court against a local government’s decision to approve our property developer client’s development application for the residential development of an exhausted quarry.
- Successfully upholding an appeal to the Planning and Environment Court by the owners of a backpacker hostel against the decision of a local government to give an enforcement notice in respect of the use of their premises as a backpacker hostel and its purported unlawful use regarding the number of people allowed to occupy the hostel.
- Successfully representing farmer clients in relation to the resumption of their rural property by the Department of Main Roads and Transport, including negotiating compensation and documentation with the Department.