units

LAW5313

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7059

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; and the role of the Victorian Civil and Administrative Tribunal.

Outcomes

On completion of this subject students will be able to:

  • apply knowledge and understanding 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 with creativity and initiative to new situations in the professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to individuals, corporations, local government and community groups and their rights under planning legislation and planning schemes;
  • conduct research into legal policy and rules relating to the statutory planning process based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to planning law.

Assessment

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

Workload requirements

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