Authorised by Academic Registrar, April 1996
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 Division 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.
Synopsis The subject 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 with an emphasis on urban regions and then concentrate on a number of specific issues including considerations relevant to the exercise of planning discretion; the power to include conditions in planning permits and the limitations on such power; legal responses to problems of urban sprawl; Ministerial planning powers; citizen participation in the planning process; a consideration of aspects of the 1993 amendment not dealt with under other heads; the role of the Planning Division of the AAT; other topics depending on time available and the interests of the class.
Assessment Written research assignment on a topic chosen by the candidate and approved by the lecturer (6000 words): 60% + Take-home examination (48 hours): 40%