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 assists a broad range of clientele—including developers, local governments, community groups, and individuals—in navigating the complex legal issues surrounding land use and development.
With a specialty in representing clients in the Planning and Environment Court and Magistrates Court, Mellisa brings a deep understanding of the multifaceted legal landscape. She is committed to staying current on legal and industry developments, which enables her to provide meaningful and practical advice tailored to her clients’ needs.
Mellisa values collaboration and enjoys partnering with her peers, clients, and experts to deliver strategic, innovative, and commercial solutions.
Outside of work Mellisa enjoys exploring Brisbane’s foody scene and getting into the great outdoors with friends and family.
Experience
- Planning and Environment Court Proceedings: Expertise in representing clients in applications and appeals, focusing on achieving favourable outcomes through detailed legal analysis and strategic advocacy.
- Development and Land Use: Experienced in providing strategic advice on development categorisation and assessment, development approvals and conditions, transitioning historical/existing development approvals and use rights, infrastructure charging and agreements, and native title and cultural heritage considerations.
- Land Acquisitions: Proficient in managing matters related to land resumption and compulsory acquisition including negotiation and drafting of agreements in relation to compensation and land access.
- Environmental Law: Adept at addressing a variety of environmental law issues, including environmental authorities and compliance, land rehabilitation, contamination, erosion and sediment control, nuisance, and vegetation management and clearing.
- Local Government Consulting: Provides informed advice to local governments on a broad range of issues, such as development application assessments and enforcement or offence matters, development of land preservation frameworks for future infrastructure projects, and contributing to effective and well-informed decision-making processes.
- Regulatory Frameworks: Providing comprehensive guidance on the interpretation and application of the relevant planning statutes (including the Planning Act 2016 and the repealed Sustainable Planning Act 2009, Integrated Planning Act 1997, and Local Government (Planning and Environment) Act 1990), environmental statutes (including the Environmental Protection Act 1994 and the Vegetation Management Act 1999), local laws and the Local Government Act 2009, assisting clients to understand their rights and ensuring adherence to statutory obligations.
- Offences and Enforcement: Skilled in advising clients on enforcement matters related to development, environmental, or local government offences, including representation in Planning and Environment Court or Magistrates Court proceedings.
Examples of 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.