M: +61 427 752 011
T: +61 7 3233 8928
E: twebb@mccullough.com.au

Leading Town Planning & Development Lawyer
Queensland, 2024
Doyle’s Guide

Leading the firm’s local government industry group and planning and environment team, Troy practises in local government, planning and environment law focusing on planning and environment litigation, infrastructure agreements, Local Government Act advisory, judicial review and health prosecutions.

Troy acts for local governments, state governments and developers.

His experience includes appeals and enforcement proceedings in the Planning and Environment Court, advising on planning, environmental and building issues, drafting and negotiating infrastructure agreements, advising on governance and rating matters for local governments and health prosecutions.

Troy reviews planning strategies in draft planning instruments, advises on administrative law including applications for statutory orders of review and on the enforcement of statutory notices, development offences, vegetation clearing and public health laws.

Troy is renowned for his expert knowledge of the Local Government Act 2009 (QLD) particularly with councillor and staff governance obligations, elections, enterprise powers, roads, rating, procurement, powers of entry and delegations.

Troy actively participates in peak industries bodies across Queensland as a member of Queensland Law Society’s Planning and Environment Law Committee and also keeps an active membership with the Queensland Environmental Law Association.

Read about Troy’s latest publications:

  Procedural fairness in enforcement matters: Defendant’s understanding

  Securing lawful uses: navigating existing use rights in changing planning schemes

  Trunk vs Non-Trunk: Guidance from the Court on infrastructure conditions

  From clean-up to compliance – new amendments to the contaminated land provisions

Experience

Cairns Regional Council

Successful defence of a refusal of an out of centre supermarket and shop in Trinity Park in the Planning and Environment Court, and the Court of Appeal (Trinity Park Investments Pty Ltd v Cairns Regional Council [2022] QPEC 15; Trinity Park Investments Pty Ltd & Anor v Cairns Regional Council [2022] QCA 261).

Cairns Regional Council

Successful appeal involving a proposed Woolworths shopping centre in Trinity Beach (Fabcot Pty Ltd v Cairns Regional Council & Ors [2020] QPEC 17 and [2022] QPEC 12).

Gold Coast City Council

Successful defence of Council’s decision to refuse a development application for a significant quarry development proposal in Reedy Creek (see Boral Resources v Gold Coast City Council [2017] QPEC 23 and [2018] QCA 75).

Ipswich City Council

Preparing a response to a show cause notice issued by the Minister for Local Government, Racing and Multicultural Affairs under section 120 of the Local Government Act 2009 (QLD) in respect of the potential dissolution or suspension of the elected Council. This matter subsequently involved a Supreme Court challenge that resulted in a favourable costs order for Council.

Caravan Parks Association of Queensland

Acting for an association in a successful enforcement proceeding that was the first case to consider the meaning of an ‘ancillary use’ under the Planning Act 2016 (QLD) (see Caravan Parks Association of Queensland v Rockhampton Regional Council [2018] QPEC 52).

Queensland Health

Successful and first prosecution of a company for selling ice (crystal methamphetamine) pipes (see Trio Brothers Pty Ltd v Maskill [2020] QDC 62 and [2020] QCA 235).