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Travis Finlayson

Article

Presenting the Expert Evidence with Travis Finlayson

Date

29.10.24

Presenting the Expert Evidence with Travis Finlayson

We talk to Director: Planning Travis Finlayson about VCAT expert witness work.

Presenting the Expert Evidence with Travis Finlayson

Travis is a respected town planning expert witness who provides independent analysis and approaches each matter with attention to detail.

At Ratio, he has conducted an internal VCAT moot program to provide experience to younger professionals keen to practice their VCAT presentation skills.

 

How long have you been a town planner?

I have 20 years of experience working in planning consultancy on a diverse range of projects across Metropolitan Melbourne and Victoria, including residential, educational, retail, commercial, licensed premises and industrial projects.

Giving evidence has been a rewarding experience, and I enjoy working with different planning lawyers and barristers.

 

What type of evidence matters have you been working on recently?

I have engaged in vacant lot residential subdivision matters that have required consideration of topography, intensity and lot size, lot orientation, stormwater, vegetation and bushfire. A re-subdivision matter in a Rural Conservation Zone also required carefully balancing policy considerations.

More recently, I have been working on childcare centres and service stations.

My broader experience includes view sharing, townhouses and apartments, residential hotels, licensed premises/packaged liquor with cumulative impact, development plans, non-residential uses in residential zones, proposals within Precinct Structure Plan areas and compensation matters.

 

What is the role of an expert witness, and how do you approach it?

The witness provides their opinion on a particular matter to assist the Tribunal in forming a decision. It is fundamental that your duty is to the Tribunal and that you never shy away from delivering your view to the permit applicant and legal team. If there is an unwillingness to make design changes, it is time to walk away.

It is about examining a proposal afresh and applying the relevant themes of the planning scheme to form your own view.

It also requires being pragmatic by identifying opportunities and solutions that can resolve any issues of concern.

At VCAT, it is about summarising the opinion, offering frank answers and conceding where appropriate.

 

What is the most challenging aspect of the work?

Preparing for both the hearing and cross-examination is the most challenging aspect. There is often considerable material to review prior to the hearing, and it is not easy to predict the questions you may be asked under cross-examination.

 

What makes a matter more complex?

The more complex matters involve a range of relevant issues that require balancing in the interests of net community benefit and sustainable development, such as policy, built form, topography, amenity impacts, vegetation, landscape qualities, bushfire and drainage/stormwater.

Smaller matters can also require a detailed assessment, given the focus on one or two critical issues, such as height, character or shadow impacts.

 

Can you talk to us about the process of working alongside the project team?

It will typically involve receiving a brief of material from the project legal team, reviewing the application plans/material and planning controls, conducting a site inspection and then forming an opinion.

If I have concerns, I will suggest potential remedies. This opinion informs the legal teams’ approach to the case and the preparation of any amended plans.