LAW5313 - Planning law - 2018

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.

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.

Research assignment (3,750 words): 50%

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

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