Brendan Foley specialises in providing tailored advice and advocacy for clients involved in the commercial, residential, rural, industrial, aged care and mining development sectors in Western Australia.

Brendan has over 15 years’ experience assisting major private, listed and government developers with their complex development, infrastructure and land compensation projects.

He is regularly engaged by clients to assist from the very start to the very end of a project – often acting as a durable and reliable conduit between a client’s project control group, and the various legal teams that are required to progress major projects to successful completion.

This work includes site selection and due diligence; site acquisition; securing planning, environment, government and road access approvals; dealing with regulator, neighbour and competitor disputes either by negotiation or by conducting appeals in the State Administrative Tribunal and Supreme Court; assisting with lease and licence negotiations; advising and assisting on contractor engagements and disputes; advising on project disposal or end of life considerations, as well as providing ongoing management and strategic advice.

Brendan has been recognised in Doyle’s Guide (2022) as a rising star in Western Australia in Planning & Environment Law.

Brendan Foley’s recent experience includes:

  • Advising Dato Holdings Pty Ltd on the $100m Kardinya Park District Shopping Centre redevelopment. This involved, from inception of the project, managing client interface on all legal aspects of the project including, due diligence, regulatory approvals, disputes, contractor engagement, leasing, strategic advice and ongoing management.
  • Advising Burswood Care on the $25m Duncan Street, Victoria Park Nursing Home development. This involved providing strategic advice and advocacy through Council, JDAP and ultimately SDAU process and resulted in the SDAU approving a new 4 storey, 120 bed, high care facility with significant variations to the existing planning framework.
  • Advising Primewest on the $2.1m development of a new 7-Eleven at Northlands Shopping Centre in Balcatta. This included providing advocacy before the JDAP to address questions of legal interpretation and how the JDAP should exercise discretion when comments were received from government agencies against the application. The written and verbal deputations resulted in the JDAP reading down the submissions against the proposal, and approving the application.
  • Advising Roshana Group on the $15m Valencia Nursing Home redevelopment. This involved providing strategic advice and advocacy through multiple SAT mediations and JDAP meetings to facilitate approval for a 120 bed redevelopment of an existing aged care facility in the City of Kalamunda.
  • Advising the Mosole Family on the $5m development of a roadhouse and showroom development on Rockingham Road, Naval Base. This included providing advocacy in order to obtain relevant approvals for the development and re-subdivision of the subject land, as well as new expanded RAV access to Rockingham Road from Main Roads and involved advocacy before relevant Ministers, Commissioners, and officers to negotiate mutually acceptable outcomes.
  • Advising on the $3m+ redevelopment of a palatial residence in Mosman Park overlooking the Swan River for a high net worth family. This involved plan preparation, sub contractor engagement and minor modifications to obtain best prospect of approval and also included a detailed deputation to a hostile local council meeting where multiple resident and councillor objections were raised against variations to various local planning framework standards. After giving the deputation and addressing all questions raised, the Council approved the application.