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Development and Planning Law - JURD7371

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisites: Administrative Law (any one of LAWS1160, or JURD7160) and 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: JURD7773, LAWS3073, LAWS8071

CSS Contribution Charge: 2 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course introduces students to the legal framework regulating development and planning in NSW, exploring its ambitious and at times conflicting aims of economic development, environmental sustainability and social justice. We will consider the legislation and its evolution, examining recent reforms in the context of national and international trends in planning law and practice. Students will be encouraged to draw on their personal experience in Sydney and other cities around the world.

Main topics

Aims and origins of planning law
Strategic planning (content and preparation of planning schemes)
Assessment and approval of development in NSW, including major projects
The relationship between planning and property law
Theory and practice of public participation
Ecologically sustainable development, climate change and planning
Housing affordability, equity and social justice
Planning appeals and the NSW Land and Environment Court
Recent developments in planning law

This course will prepare students for practice in environmental, property or real estate law, where a sound understanding of the planning framework is essential. It is also recommended for students interested in public policy: planning is a highly political process, particularly in Sydney where it regularly gives rise to fierce disputes in the media and the courts.

The course overlaps somewhat with JURD7773 Cities, planning law and justice and students are excluded from doing both. This course is more focussed the practice of planning law in New South Wales, whereas JURD7773 Cities, planning law and justice is broader and more theoretical.

Recommended Prior Knowledge

Completion of LAWS1160/JURD7160 Administrative Law.

Course Objectives

To introduce students to the legal framework for planning and development in NSW. To encourage students to critically consider recent developments in planning law in the context of current economic, environmental and social issues.

Learning Outcomes

At the conclusion of this course, students should be able to:

Describe the legal framework for planning and development in NSW;
Describe the planning and planning-related functions of different levels of government, and the roles and contributions of developers, experts and the public;
Apply planning and development law to hypothetical fact situations;
Engage in critical analysis of recent developments in planning law in NSW, Australia and internationally;
Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner; and
Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately.

Assessment