16632 Built Environment Law and Professional Practice
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 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This subject covers the core concepts and principles of NSW planning and environmental law and the practical application of these principles. Students are introduced to the structure of the NSW planning system, including the legislative framework for planning and development, pollution control, contaminated land management, heritage and biodiversity in NSW. The subject also provides an overview of administrative law principles, the operation of the Land and Environment Court as well as an introduction to ethics, professional standards and risk management applicable to planning and property.
Note: Students should be aware that the statutory and regulatory regimes which govern planning and professional practice in NSW are under continuous review. UTS endeavours to maintain currency of lecture material but changes are frequent.
Subject learning objectives (SLOs)
On successful completion of this subject, students should be able to:
| 1. | Describe the key legislative framework for development and planning in NSW including the plan making, development approval and decision review processes. |
|---|---|
| 2. | Meaningfully participation in planning and development decision making. |
| 3. | Apply knowledge and understanding of the laws relating to environmental protection in NSW to specific contexts/instances. |
| 4. | Understand legal method relating to environmental planning and how this applies to planning and development. |
| 5. | Employ legal requirements and ethical standards to professional practice in the built environment. |
| 6. | Appropriately critique the operation of the planning system and the role of law in achieving planning and environmental objectives. |
| 7. | Effectively collaborate to demonstrate improved writing skills appropriate for professional contexts. |
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
Combined lecture/workshops. The subject is based on self-directed learning. It requires students to complete set readings or tasks prior to attending classes. The lectures for this subject will be delivered entirely on campus.
Content (topics)
The current structure of the NSW planning system is described and the processes of plan making, development control and environmental assessment are examined. Specific issues such as pollution control, land contamination management, heritage and biodiversity, administraive law and the operation of the Land and Environment Court of NSW are covered. The subject also covers an introduction to professional standards, ethics and risk management in property and planning.
Students will develop the skills necessary to navigate the legal framework for planning in NSW. Students will be required to interpret, comprehend and apply the law and gain insights into how to do this ethically and to professional standards applicable in property and planning.
Assessment
Assessment task 1: Tests
| Intent: | Students are required to demonstrate knowledge and understanding of the law relating to planning and development processes, environmental protection laws as well as ethics and risk management relating to these fields. | ||||||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 3, 4, 5 and 6 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.): .1, .1, .2, .3, .4 and .6 | ||||||||||||||||||||||||||||
| Type: | Quiz/test | ||||||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||||||
| Weight: | 10% | ||||||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Report
| Intent: | Students are required to complete a group report that requires them to demonstrate an understanding of the way in which the development process operates in New South Wales. This includes demonstrating an understanding of the applicable legislative and policy framework and the decision making process involved in planning in NSW. | ||||||||||||||||||||||||||||||||||||||||||||||||
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5, 6 and 7 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.): .1, .1, .1, .2, .2, .2, .3, .4 and .6 | ||||||||||||||||||||||||||||||||||||||||||||||||
| Type: | Report | ||||||||||||||||||||||||||||||||||||||||||||||||
| Groupwork: | Group, individually assessed | ||||||||||||||||||||||||||||||||||||||||||||||||
| Weight: | 40% | ||||||||||||||||||||||||||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 3: Tests
| Intent: | Students are required to demonstrate knowledge and understanding of the law relating to planning and development processes, environmental protection laws as well as ethics and risk management relating to these fields. | ||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 3, 5, 6 and 7 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.): .1, .1, .2, .2, .3, .4 and .6 | ||||||||||||||||||||||||||||||||||||||||
| Type: | Quiz/test | ||||||||||||||||||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||||||||||||||||||
| 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. For face-to-face teaching, attendance is taken each week.
Where the subject is delivered wholly online, attendance is based on participation in synchronous video sessions and participation via Discussion Boards on UTS Online.
Required texts
No text book is required for this subject. Students are required to complete the reading preparation for each topic available via Canvas. Other materials (inccluding Podcasts) will be also be posted via Canvas.
Recommended texts
John Whitehouse, Development and Planning Law in New South Wales 2012 CCH Australia
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
L Godden, J Peal, J McDonald, Environmental Law, (2nd ed, 2018, Oxford University Press)
R Lyster, Z Lipman, G Wiffenm, N Franklin and L Pearson, Environmental and Planning Law in New South Wales, (5th ed, 2021, The Federation Press)
D Farrier and P Stein, The Environmental Law Handbook: Planning and Land Use in New South Wales (6th ed, 2015, Thomson Reuters)
N Gurran, Australian Urban Land Use Planning: Principles, Systems and Practices (2nd ed, 2011, Sydney University Press)
Other resources
Check all links and resources on Canvas for the subject for each week.
NSW Department of Planning and Environment: http://www.planning.nsw.gov.au/
Land and Environment Court Homepage: http://www.lec.lawlink.nsw.gov.au/lec/index.html
Land and Environment Court NSW Decisions: http://www.caselaw.nsw.gov.au/landenv/index.html
Lawlink NSW: http://www.lawlink.nsw.gov.au/
New South Wales Consolidated Acts: http://www.austlii.edu.au/au/legis/nsw/consol_act/
ALSO available at -