17700 Planning and Environmental 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 2024 is available in the Archives.
Credit points: 6 cp
Subject level:
Postgraduate
Result type: Grade and marksThere are course requisites for this subject. See access conditions.
Description
This subject introduces students to environmental planning legislation and controls as they apply in NSW. It includes the structure and operation of the NSW planning system, the legal processes of making plans and planning controls, the application of planning controls to development, and the nature and application of environmental controls to development.
Legislative controls and processes applicable to native title, pollution control, contaminated land management, heritage and biodiversity, the operation of the Land and Environment Court NSW, appeals to and from this court, legal method and ethical professional practice as it relates to planning and environmental law are also identified and engaged with in this subject.
Subject learning objectives (SLOs)
On successful completion of this subject, students should be able to:
| 1. | Understand property and environmental law concepts. |
|---|---|
| 2. | Identify key concepts of the NSW Planning system. |
| 3. | Relate the legal processes of plans and planning controls within the development context. |
| 4. | Apply environment controls to development. |
Course intended learning outcomes (CILOs)
This subject also contributes to the following Course Intended Learning Outcomes:
- Understand Indigenous perspectives and interpret legal frameworks relating to land use and ownership (A.3)
- Effectively apply a variety of communication skills and technologies in professional contexts (C.1)
- Work effectively in project teams in property development (C.2)
- Demonstrate a theoretical and practical understanding of built environment law and procedures in a variety of property-related contexts (P.4)
Contribution to the development of graduate attributes
The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:
C = communication and groupwork
A = attitudes and values
P = practical and professional
R = research and critique
I = innovation and creativity.
Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).
Teaching and learning strategies
This subject is delivered in block learning mode each semester - refer to the UTS online timetable for the specific details for each iteration of the subject.
Generally the subject is scheduled with 2 x primary teaching blocks, made up by a Thursday evening 6pm-9pm, Friday 9am-5pm & Saturday 9am-5pm. There is also a single additional evening generally scheduled between the two primary blocks of 6pm-9pm.
Teaching and Learning strategies include lectures, workshops and tutorials, and supplemented with learning materials on Canvas. Questions requiring student interaction and discussion leading to the preparation for Assessment 1 Part A (Quiz questions), Part B (preparation of planning advice report) and Part C (the case note) are provided in class. Students are encouraged to collaborate in learning about planning and environmental law issues and by asking questions relating to their personal experiences in planning and develoment. Collaboration on tasks and assessments assists in students' understanding and ability to communicate what they have learnt. Efficient collaborative skills are essential to industry practice.
Content (topics)
- Legal Framework for Planning Controls in NSW
- Environmental Planning & Assessment Act 1979 (NSW)
- Construction and Other Certificates
- Administrative Law Principles
- Native Title In Australia
- Legal Method
- Land & Environment Court (NSW)
- Other Regulatory Authorities
- Pollution Control
- Biodiversity
- Heritage Controls
- Contaminated Land Controls
- Pollution and Waste Management
- Ethics and Planning Practice
Assessment
Assessment task 1: Letter and Case Note
| Intent: | This assessment consists of three parts: answering quiz questions, preparation of a planning report and preparation of a case note. The purpose is to demonstrate theoretical and practical understanding of the subject contents. The second part of the assessment is to write a 'report' demonstrating an understanding of the fundamental aspects of the NSW environmental planning system. During the first block, you will answer a number of quiz questions which have been designed to assist you in writing the report. The case note assignment is aimed at introducing you to decisions (otherwise referred to as judgements) of the Land and Environment Court and seeks to demonstrate how Judges and Commissioners of the Court reason in forming their decisions. It will build on the lecture notes and what is said in class concerning judicial reasoning and the construction and interpretation of Acts of Parliament and other legislative instruments. It will take the form of a succinct case note. The administration of Environmental Planning laws in NSW is very much concerned with what the law says and when you are in practice an ability to discern the meaning and effect of applicable laws will be of immense importance. | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): C.1 and P.4 | ||||||||||||||||||||
| Type: | Essay | ||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||
| Weight: | 50% | ||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Native Title Discussion and Group Presentation
| Intent: | Work collaboratively to demonstrate a theoretical and practical understanding of built environment law and procedures in a variety of property-related contexts. The assessment is in 2 parts: Part 1: Native title and ethics. This part will involve:
Part 2 is a group presentation on a topic chosen by the group. A list of topics and other instructions will be on Canvas. This part will involve:
| ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.): A.3, C.1, C.2 and P.4 | ||||||||||||||||||||
| Type: | Presentation | ||||||||||||||||||||
| Groupwork: | Group, group and individually assessed | ||||||||||||||||||||
| Weight: | 50% | ||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Minimum requirements
The DAB attendance policy requires students to attend no less than 80% of formal teaching sessions (lectures and tutorials) for each class they are enrolled in to remain eligible for assessment.
Students must apply formally via a Special Consideration application (in MyStudentAdmin) for any variation to class attendance policy. These will be considered on a case by case basis.
Required texts
Purchase or download an up-to-date copy of:
- the Environmental Planning and Assessment Act 1979 (EPA Act);
Bring EPA Act to all classes (printed or soft copy on your laptop)
References
The most important information sources in the list of course materials, below, are asterisked (*).
Reference List
The best texts (copies in Library):
* Gurran N, Australian urban land use planning: Principles, systems and practice, Sydney University Press, Second Edition 2011 https://search.lib.uts.edu.au/discovery/fulldisplay?context=L&vid=61UTS_INST:61UTS&search_scope=MyInst_and_CI&isFrbr=true&tab=Everything&docid=alma991001758139705671
* Farrier and Stein The Environmental Law Handbook - Planning and Land Use in New South Wales, 6th ed. 2015, Thomson Reuters, (‘Farrier’).https://search.lib.uts.edu.au/discovery/fulldisplay?context=L&vid=61UTS_INST:61UTS&search_scope=MyInst_and_CI&tab=Everything&docid=alma991006822693905671
Lyster R et al, Environmental & Planning Law in NSW, Sydney, Federation Press,5th edition 2021.https://search.lib.uts.edu.au/discovery/fulldisplay?context=L&vid=61UTS_INST:61UTS&search_scope=MyInst_and_CI&tab=Everything&docid=alma991007031715005671
Blackburn S, Ethics, A Very Short Introduction, Oxford University Press.https://search.lib.uts.edu.au/discovery/fulldisplay?context=L&vid=61UTS_INST:61UTS&search_scope=MyInst_and_CI&isFrbr=true&tab=Everything&docid=alma991006800866805671
** Whitehouse J, Development and Planning Law in NSW, CCH, North Ryde, 2012. (Highly recommended if you want a good detailed understanding of the Environmental Planning and Assessment Act, 1979 and applicable planning law concepts).https://search.lib.uts.edu.au/discovery/fulldisplay?context=L&vid=61UTS_INST:61UTS&search_scope=MyInst_and_CI&isFrbr=true&tab=Everything&docid=alma991006870969805671
Environmental & Planning Law Journal (EPLJ) Law Book Co (LBC) – available through UTS Library: Thomson Reuters “Legal Online’’
Impact Environmental Defenders’ Office
Local Government Law Journal - Law Book Co (LBC) – available through UTS Library: Thomson Reuters “Legal Online’’
Australian Journal of Natural Resources Law & Policy University of Wollongong
See also ‘Using the UTS Online Library’ (below).
Websites
* For NSW legislation: NSW Parliamentary Counsel’s Office NSW legislation website:
http://www.legislation.nsw.gov.au/
* Land and Environment Court and Court of Appeal judgments (Attorney General’s Department NSW ‘Lawlink’ website): http://www.caselaw.nsw.gov.au/landenv/index.html
AUSTLII: http://www.austlii.edu.au/
The Land and Environment Court webpage (see ‘specialist areas of jurisdiction): http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/pages/LEC_index )
Land and Environment Court Reporter: summaries of recent judgments: http://www.lgnsw.org.au/news/land-and-environment-court-reporter
NSW Dept of Planning Industry and Environment: http://www.planning.nsw.gov.au/ .
A speech ‘THE INTOLERABLE WRESTLE: DEVELOPMENTS IN STATUTORY INTERPRETATION’ by former Chief Justice of New South Wales Spigelman on statutory interpretation: http://www.lawlink.nsw.gov.au/lawlink/Supreme_Court/ll_sc.nsf/vwFiles/spigelman010910.pdf/$file/spigelman010910.pdf
For pollution, waste management, and contamination regulatory information: NSW Environment Protection Authority
Fact sheets on environmental law: Environmental Defender’s Office fact sheets: http://www.edo.org.au/edonsw/site/factsheets.php
Also see other materials posted on Online for this subject.
Go to the ‘top law databases’: http://www.lib.uts.edu.au/databases/search_databases.py?subcategory_id=221 .
Under ‘Legal Online (Lawbook)’ you will find:
- an encyclopedia of law (Laws of Australia),
- under ‘Commentaries’:
- a pollution and waste management commentary (Environmental Responsibilities Law (NSW))
- a planning and related law commentary (Planning and Development (NSW))
- an overview of planning legislation (including heritage law and some other environmental legal topics) in the various States and Territories (Planning Law in Australia)
- under ‘Journals’:
- Environmental Planning and Law Journal
- Local Government Law Journal
- Building and Construction Law Journal
Under ‘Lexis Nexis; you will find:
- Encylopaedic Australian Legal Dictionary
- Australian Encyclopaedia of Forms and Precedents
- Halsbury’s Laws of Australia
- Under Planning Law, a newsletter of recent developments in local government: Local Government Reporter
Other resources
The first time you refer to legislation, cite it in the name as stated in section 1 of the act or regulation e.g. Environmental Planning and Assessment Act 1979. If you wish to abbreviate it for frequent reference, indicate the abbreviation you will use after you initially cite it fully e.g. Environmental Planning and Assessment Act 1979 (‘EPA Act’).
The first time you refer to a court case, cite it as stated in the ‘citation’ section of the headnote to the reported case e.g. Meriton Apartments Pty Ltd v Ku-Ring-Gai Council [2006] NSWLEC 776. If you wish to abbreviate it for frequent reference, indicate the abbreviation you will use after you initially cite it fully e.g. Meriton Apartments Pty Ltd v Ku-Ring-Gai Council [2006] NSWLEC 776 (‘Meriton v Ku-Ring-Gai’).
Refer to secondary sources using an accepted citation style, for example:
Barry, P., 1995. Beginning Theory: An Introduction to Literary and Cultural Theory, Manchester University Press, New York., 1986 at pages 73-122.
'Hot air over the Himalayas', World Geographic, vol. 1, no. 4, pp. 44-55.
[#] A. Author, "Document title," Webpage name, Source/production information, Date of internet publication. [Format]. Available: internet address. [Accessed: Date of access].
[1] European Telecommunications Standards Institute, “Digital Video Broadcasting (DVB): Implementation guidelines for DVB terrestrial services; transmission aspects,” European Telecommunications Standards Institute, ETSI TR-101-190, 1997. [Online]. Available: http://www.etsi.org. [Accessed: Aug. 17, 1998].
An introduction to the Harvard, APA & Note referencing systems:
- The BELL Program online referencing guide
http://www.bell.uts.edu.au/referencing - UNSW referencing guide
http://www.lc.unsw.edu.au/onlib/ref.html - About APA style
http://apastyle.apa.org/