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Development and Planning Law - LAWS8071

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:

Prerequisite: Academic Program must be either 9200 or 9210 or 5740 or 9230 or 9231 or 5231 or 9220 or 5750 or 8619 or 5499 or 7339.

Excluded: JURD7371, JURD7773, LAWS3073

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.

The course considers the evolution of planning law in NSW, beginning with a discussion of the origins of planning law in the UK and USA. Legislation and recent reforms in NSW will be examined in the context of trends in planning across Australia (eg contributions to planning policy by the Productivity Commission, COAG and the Development Assessment Forum) and internationally (eg impacts of globalisation). The course includes comparative analysis from other jurisdictions, and 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.

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

LLM Specialisations

Corporate and Commercial Law
Corporate, Commercial and Taxation Law
Environmental Law

Recommended Prior Knowledge

Some understanding of administrative law and land law is desirable.

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