78042 Environmental Planning and Development Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70617 Administrative Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject introduces students to the basic rules of environmental planning and development law in New South Wales. The primary focus is on the 'development control and assessment process' in NSW, which is part of the system of statutory environmental planning contained in the Environmental Planning and Assessment Act 1979.
Other legislation is also considered, including the Local Government Act 1993, the Land and Environment Court Act 1979, and criminal legislation including the Criminal Procedure Act 1986 and the Crimes (Sentencing Procedure) Act 1999.
In order to properly understand and appreciate the law in relation to environmental planning and the development control and assessment process, it is essential that students gain an understanding of the institutions, legal principles, thought-forms, constructs and techniques of local government in NSW. Accordingly, the subject also includes such fundamental topic areas as the legal nature and role of NSW councils, their organisational structure, the roles and functions of the various 'players', decision-making mechanisms (including the conduct of meetings), delegations, sub-delegations and authorisations.
The Chief Judge of the Land and Environment Court, the Hon. Justice Brian John Preston SC, has said: "The judiciary plays a critical role in the enhancement and interpretation of environmental law and the vindication of the public interest in a healthy, secure and sustainable environment. Increasingly, it is being recognised that a court with special expertise in environmental matters is best placed to play this role in the achievement of ecologically sustainable development. The Land and Environment Court of New South Wales is an example of a specialist environment court. It was the first specialist environment court established as a superior court of record in the world and provides an instructive case study for students who wish to develop their interest in this complex, but fascinating, area of the law."
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the development control and assessment process in NSW; |
|---|---|
| 2. | apply basic rules and principles of environmental planning and assessment law to select areas of concern; |
| 3. | read and understand legal information, including primary materials and secondary materials |
| 4. | undertake legal research, both paper and electronic demonstrating an ability to locate, use and cite relevant reference material from both primary and secondary sources; |
| 5. | demonstrate communications skills, both written and oral. Analytical, critical, and reflective learning skills. |
Teaching and learning strategies
Strategy 1
This subject is designed differently from other elective subjects in the program. It takes an integrated based approach encouraging students to achieve the subject’s objectives through research, reading, legal analysis, writing, critical analysis and reflective evaluation thereby achieving deep learning.
Strategy 2
The teaching approach utilized is small-group interactive learning. What differentiates interactive teaching and learning from more traditional modes is that it requires teacher and student interaction facilitating the entire learning process based on effective communication. As such the subject will employ a variety of teaching and learning activities.
Strategy 3
Students must prepare for class through prescribed readings and independent learning.
Strategy 4
As a subject taught interactively students are provided with a framework, which is filled through lecture, discussion, critical analysis, problem solving, and evaluation.
Strategy 5
Based on differing group and student strengths and weaknesses the forum is always flexible and adaptable while both prompting the group for information and critical thought, as well as steering it through discussion and problem solving.
Strategy 6
Researching and writing a case note, giving presentations and a take-home examination.
Content (topics)
Topic 1 Introduction to environmental planning and development law in NSW; Discussion of assessment tasks and presentation on “how to give a presentation”; Allocation of case presentations
Topic 2 History of town planning in NSW; Environmental Planning Instruments (including exercises on “commonly used” terms); s 149 certificates
Topic 3 Meaning and categorisation, and characterisation, of “development”; class exercise on “development”; architectural plan reading exercises
Topic 4 Development assessment and development applications (including exercises on DA forms/s 96 applications
Topic 5 Development consents (including exercise in reviewing development consents and s 96 approvals); existing use rights
Topic 6 Land and Environment Court jurisdiction overview (including potential guest speaker); DVD on concurrent evidence
Topic 7 Class 1 of the Land and Environment Court
Topic 8 Class 2 of the Land and Environment Court; Major projects; Part 5; other legislation; order-making powers
Topic 9 Classes 3 and 4 of the Land and Environment Court; Local Government
Topic 10 Class 5 of the Land and Environment Court; Local Government
Assessment
Assessment task 1: Class participation
| Weight: | 20% |
|---|---|
| Criteria: | Students are expected to attend all classes and participate in class discussion. |
Assessment task 2: Presentation and case note
| Weight: | 40% |
|---|---|
| Criteria: | Students will have to present on cases and legislation relevant to the topic of their allocated week, and submit an accompanying 2,000 word case note. |
Assessment task 3: Take-home examination
| Weight: | 40% |
|---|---|
| Criteria: | Students will have to write a 2,000 word take-home examination (comprising two separate, equally weighted questions). The take-home examination is research-based and will be handed out in class (on a date to be advised). Students will have at-least 5 days in which to undertake this assessment task. |
Required texts
Farrier and Stein, The Environmental Law Handbook, Thomson Reuters, 5th ed
Recommended texts
- Lyster, Lipman, Franklin, Wiffen and Pearson, Environmental and Planning Law in NSW, Federation Press
- Pearson, Local Government Law in New South Wales, Federation Press, 1994
- Preston, Environmental Litigation, Thomson Reuters, 1989 (out of print)
Other resources
• LexisNexis and Thomson Reuters each publish loose leaf services:
• Local Government Planning and Environment Service (NSW), vols A, B and C, LexisNexis
• Planning and Development Service (NSW), vols 1, 2 and 3, Thomson Reuters
• Local Government Law and Practice Service (NSW), vols 1, 2 and 3, Thomson Reuters
• Local Government Regulations Service (NSW), Thomson Reuters
• Land and Environment Court Law and Practice Service (NSW), Thomson Reuters
Useful Websites
• http://www.dlg.nsw.gov.au
Homepage of the NSW Department of Local Government
• http://www.planning.nsw.gov.au
Homepage of the NSW Department of Planning
• http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/pages/LEC_index
Homepage of the NSW Land and Environment Court
