Monash University Handbook 2010 Postgraduate - Unit

Synopsis

The unit is concerned with land use controls administered by municipal councils and other planning authorities. It will firstly give the candidate a broad outline of statutory planning in Victoria and with an emphasis on urban regions, then concentrate on a number of specific issues including:

• What considerations are relevant to the exercise of planning discretion.
• The power to include conditions in planning permits and limitations on such power; legal responses to problems of urban sprawl.
• Ministerial planning powers; citizens participation in the planning process; the role of the Victorian Civil and Administrative Tribunal.
• Other topics depending on time and interest of class.

Objectives

On completion of this subject students should

1. have an appreciation of the legal issues which may arise in relation to the preparation, administration and enforcement of planning instruments so as to be able to identify and find relevant principles, law and precedents, including decisions of the Planning and Environment List of the Administrative Appeals Tribunal, and to resolve such issues;
2. be equipped to advise individuals, corporations, local government and community groups of their rights and obligations under planning legislation and planning schemes;
3. have developed legal research and writing and legal argument skills by undertaking systematic research into legal policy and rules relating to the statutory planning process; and
4. have developed skills of oral presentation in an interactive seminar context.

Assessment

Research assignment (3,750 words): 50%
Take home examination (3,750 words): 50%

Chief examiner(s)

Dr Yet Bryant

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prohibitions

LAW4144