University of Technology Sydney

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 2024 is available in the Archives.

UTS: Design, Architecture and Building: School of the Built Environment
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.

Course intended learning outcomes (CILOs)

This subject also contributes to the following Course Intended Learning Outcomes:

  • Identify ethical issues and apply informed ethical judgements in professional Contexts (A.1)
  • Work effectively in culturally diverse contexts (A.2)
  • Understand Indigenous perspectives and apply 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 a team in a professional context (C.2)
  • Apply innovative information technologies to built environment issues (I.1)
  • Apply planning principles in various property contexts (P.4)
  • Apply knowledge of law (including Native Title) and regulations in built environment contexts (P.6)
  • Engage in critical and reflective thinking in built environment contexts (R.1)
  • Source, evaluate and use information within defined parameters (R.2)

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.

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.):

A.1, A.2, A.3, P.4, P.6 and R.1

Type: Quiz/test
Groupwork: Individual
Weight: 10%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Understanding legal principles 17 5 A.3
Apply legal principles 17 5 P.6
Source and evaluate sources of law 17 6 A.2
Engage in critical thinking 17 3 R.1
Identity ethical issues 17 4 A.1
Apply planning principles 15 5 P.4
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.

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.):

A.1, A.2, A.3, C.1, C.2, I.1, P.4, P.6 and R.2

Type: Report
Groupwork: Group, individually assessed
Weight: 40%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Work in teams to produce report 11 7 A.2
Understand indigenous perspective and land use 7 5 A.3
Apply communication skills and technologies 11 7 C.1
Work professionally in teams 11 6 C.2
Apply innovative information technologies 7 2 I.1
Apply planning principles 11 2 P.4
Apply knowledge of law 11 3 P.6
Engage in critical thinking 10 6 A.1
Apply information to solve problems 11 4 R.2
Knowledge of legal framework 5 1 P.4
Understand environmental protection laws 5 3 P.6
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.):

A.1, A.2, A.3, C.1, P.4, P.6 and R.2

Type: Quiz/test
Groupwork: Individual
Weight: 50%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Identify ethical issues 11 5 A.1
Identify different perspectives in planning and environmental laws 11 5 A.2
Identify indigenous perspectives 11 5 A.3
Clear communication in answers 11 7 C.1
Apply planning principles 11 5 P.4
Solve problems through application of relevant legal and ethical frameworks 11 6 R.2
Apply knowledge of law 11 5 P.6
Knowledge of legal framework 12 1 P.6
Understand environmental protection laws 11 3 P.6
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 -

https://www.legislation.nsw.gov.au/#/ or

https://www.legislation.nsw.gov.au/#/browse