78042 Environmental Planning and Development Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70617 Administrative Law OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
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 written communication skills, analytical, critical, and reflective learning skills. |
Teaching and learning strategies
Strategy 1: This subject 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: Students are provided with a framework, which is filled through lectures, prescribed reading, online discussion, critical analysis, problem solving, and evaluation.
Strategy 3: Students will learn to apply knowledge and skills learned in the subject to practical examples which might arise in environmental planning and development.
Strategy 4: Researching and writing a case note, a problem-based exercise applying knowledge to a practical example, and a take-home examination.
Subject Delivery: Online asynchronous via Canvas
Content (topics)
Topic 1 Introduction to environmental planning and development law in NSW including introduction to the legislative framework and the Land and Environment Court.
Topic 2 History of town planning in NSW; Environmental Planning Instruments (including commonly used terms); s 10.7 certificates
Topic 3 Meaning, categorisation, and characterisation, of “development”; architectural plan reading.
Topic 4 Development assessment and development applications (and s 4.55 modification applications) including exercise involving a real example of a development application.
Topic 5 Development consents including exercise in reviewing a real example of a development consent; existing use rights. Major Projects.
Topic 6 Land and Environment Court jurisdiction overview; introduction to concurrent evidence.
Topic 7 Merit appeals in the Land and Environment Court – Classes 1, 2, 3 and 8
Topic 8 Civil enforcement and judicial review – LEC Class 4
Topic 9 Criminal enforcement - LEC Class 5 and Local Court environmental jurisdiction
Topic 10 Other relevant legislation including Commonwealth legislation, Local Government Act and how local councils operate, interaction of Environmental Planning and Assessment Act with other NSW legislation.
Assessment
Assessment task 1: Problem-based assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 |
|---|---|
| Weight: | 20% |
| Length: | 500 words |
| Criteria: | Identification of the relevant legislative provisions applicable to the problem. Application of the relevant law to the facts as presented in an articulate, reasoned and logical manner. Clear written expression with correct use of grammar, punctuation and spelling. Coherent analysis of the legal issues. Strategic problem-solving offering viable practical solutions. Concise and coherent articulation of complex ideas. |
Assessment task 2: Case note
| Objective(s): | This task addresses the following subject learning objectives: 1, 3, 4 and 5 |
|---|---|
| Weight: | 40% |
| Length: | 1500 words |
| Criteria: | Locate and select authoritative version of the case for analysis Accuracy of summary and analysis of the issue, procedural history, facts, law, reasoning and ratio of the case Developed and insightful analysis of the case using theoretical concepts Persuasive argument that situates the decision in its broader social/political context Clear and fluent written expression following the structure of the question, evidence of careful proofreading and editing Correct uniform referencing and demonstration of judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources Evidence of careful checking and proofreading of references |
Assessment task 3: Take Home Examination
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 |
|---|---|
| Weight: | 40% |
| Length: | 1500 words |
| Criteria: | Correct Identification of all relevant legal issues and demonstration of insight into the issues raised. Identification of the relevant legislative provisions and case law applicable to the issues raised. Critical analysis and evaluation of legal propositions and argument. Articulation of clear and coherent arguments which are logically structured and supported by evidence. Clear written expression with correct use of grammar, punctuation and spelling |
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
• https://www.edo.org.au/nsw-factsheets/
Environmental Defender's Office Factsheets
• www.lec.nsw.gov.au
Homepage of the NSW Land and Environment Court
• http://www.planning.nsw.gov.au
Homepage of the NSW Department of Planning