Planning Law and Environmental Assessment - LAWS8071

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200 or 9210 or 9230 or 5740 or 9220 or 5750 or 8619 or 5499 or 7339

Excluded: JURD7371

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

Description

Planning is politics. Planning is intimately connected with the nature of the places we live, work and play, and as a result gives rise to some of our fiercest disputes. Planning legislation establishes the role that various groups can play in addressing issues such as population growth, economic development, housing affordability and environmental sustainability. This course examines the scope provided for participation in planning by experts, by state, federal and local government, by the private sector and by the public. Reflecting on the way that successive governments have sought to shift the balance between these groups, the nature of “the public interest” and the role of the law in its attainment are critically evaluated.

This course is also available to students enrolled in the Master of Environmental Management (8619), Graduate Diploma in Environmental Management (5499) and the Graduate Certificate in Environmental Management (7339).

This course is also available to students undertaking relevant postgraduate non-law degree programs at UNSW provided such enrolment is approved by the appopriate non-law Faculty.


LLM Specialisations


Recommended Prior Knowledge


None

Course Objectives


A candidate who has successfully completed this course should be able to:
  • Provide an overview of the legislative framework controlling various types of developments in NSW;
  • Understand the planning and planning-related functions of different levels of government, and the role and contribution of the community;
  • Provide a sound analysis of obligations arising under State and Commonwealth environmental assessment regimes;
  • Examine the range of mechanisms for review and appeal of planning decisions in NSW; and
  • Critically evaluate the role of the law in achieving the objectives of planning policy in the context of current social, economic and environmental issues.

Main Topics


  • Purposes, justifications and critiques of planning;
  • Critical examination of the development and ongoing revisions to planning legislation in NSW;
  • The preparation and content of Environmental Planning Instruments;
  • Development control under NSW state law;
  • The approval of major projects in NSW;
  • Appeals and review of planning decisions under NSW state law;
  • The historical, ethical and political dimensions of EIA;
  • Environmental assessment under NSW state law and Commonwealth legislation;
  • The role of different levels of government in planning and environmental assessment, and the scope for public participation.

Assessment


Class participation: 10%
Class presentation and abstract: 15%
Research essay (6000 words): 75%

Course Texts


Prescribed
Course materials will be provided by the lecturer

Recommended
A full reading list will be provided in the detailed course outline.

There are a large number of new books on the market. Some existing helpful titles include:

Stein L: Principles of Planning Law

Lyster R et al: Environmental and Planning Law in New South Wales

Fainstein S and Campbell S: Readings in Planning Theory

Thompson S and Maginn P: Planning Australia – An Overview of Urban and Regional Planning

Bates G: Environmental Law in Australia

Thomas I and Elliot M: Environmental Impact Assessment in Australia – theory and practice.