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5 - Statutory planning

from Part I - Frameworks

Susan Thompson  and
Paul Maginn
By
Peter Williams
Susan Thompson
Affiliation:
University of New South Wales, Sydney
Paul Maginn
Affiliation:
University of Western Australia, Perth
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Summary

Key terms: legislation; administration; statutes; environmental law; environmental planning law; land-use planning; strategic planning; statutory plans; development; development assessment; environmental impact assessment.

This chapter examines the statutory or legal framework in which planning takes place, both as a function of government and as an expression of public policy and social goals and aspirations. Indeed, legislation has a pivotal role in determining planning’s administrative and governance context, but it is important to understand that the context for planning varies according to jurisdiction. Therefore, the chapter compares the jurisdictional and legal characteristics of the different federal, state and territory planning systems in Australia, noting first that planning issues need to be considered in relation to environmental law across all jurisdictions. It then provides an overview of the administrative and jurisdictional characteristics of Australian planning systems, before arguing that the most significant areas of legislation from a planning point of view are:

  • strategic planning, statutory plans and plan-making

  • development assessment

  • environmental impact assessment

  • appeals and review

  • public participation.

Australia’s planning systems have been subject to ongoing reforms since the 1980s, and these are invariably reflected in and implemented through ongoing legislative change in the areas noted above. Trends, similarities and contrasts in different jurisdictions are analysed in relation to these recent changes and reform agendas. The chapter concludes with comment on future directions in the legislative frameworks of domestic planning systems.

Type
Chapter
Information
Planning Australia
An Overview of Urban and Regional Planning
 , pp. 98 - 124
Publisher: Cambridge University Press
Print publication year: 2012

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References

AEC (Australian Environment Council) 1986 Guide to Environmental Legislation and Administrative Arrangements in AustraliaCanberraAGPSGoogle Scholar
Attorney-General’s Department 2001 Report of the Land and Environment Court Working PartySydneyNSW Attorney-General’s DepartmentGoogle Scholar
Bates, G. 1995 Environmental Law in AustraliaSydneyButterworthsGoogle Scholar
Booth, P. 1996 Controlling Development: Certainty and Discretion in Europe, the USA and Hong KongLondonUCL PressGoogle Scholar
Booth, P. 1999 British Planning: 50 years of Urban and Regional PolicyNew Brunswick, NJAthlone PressGoogle Scholar
Buxton, M.Goodman, R.Budge, T. 2005 Planning and deregulation: The failure of the new Victorian planning systemAustralian Planner 42 52CrossRefGoogle Scholar
COAG (Council of Australian Governments) 2009 National Partnership Agreement on the Nation Building and Jobs Plan: Building Prosperity for the Future and Supporting Jobs NowCanberraCOAGhttp://www.coag.gov.auGoogle Scholar
Commonwealth of Australia 1996 Time for Business 2011 http://www.daf.gov.auGoogle Scholar
DAF (Development Assessment Forum) 2005 http://www.daf.gov.au
Dawkins, J. 1996 In praise of regulationAustralian Planner 33 10CrossRefGoogle Scholar
Department of the Environment, Water, Heritage and the Arts 2010 EPBC Act – Environment Assessment ProcessCanberraDEWHAhttp://www.environment.gov.auGoogle Scholar
Department of Infrastructure, Planning and Natural Resources 2002 Residential Flat Design CodeSydneyNSW Department of Infrastructure, Planning and Natural Resourceshttp://www.planning.nsw.gov.auGoogle Scholar
Department of Infrastructure, Planning and Natural Resources 2003 Improving Local Development in NSWSydneyNSW Department of Infrastructure, Planning and Natural ResourcesGoogle Scholar
Department of Local Government, Planning, Sport and Recreation 2007 Planning for a Prosperous Queensland: A Reform Agenda for Planning and Development in the Smart StateDLGPSRhttp://www.dlgp.qld.gov.auGoogle Scholar
Department of Planning 2007 Improving the NSW Planning SystemSydneyNSW Department of Planninghttp://www.planning.nsw.gov.auGoogle Scholar
Department of Planning and Community Development 2011 About Planning SchemesMelbourneVictorian Department of Planning and Community Developmenthttp://www.dpcd.vic.gov.auGoogle Scholar
Department of Planning and Community Development 2011 Changing the Planning SchemeMelbourneVictorian Department of Planning and Community Developmenthttp://www.dpcd.vic.gov.auGoogle Scholar
Department of Planning and Community Development 2011 The Framework for Planning Schemes: Victoria Planning ProvisionsMelbourneVictorian Department of Planning and Community Developmenthttp://www.dpcd.vic.gov.auGoogle Scholar
Department of Sustainability and Environment 2003 Better Decisions Faster: Opportunities to Improve the Planning Permit System in VictoriaMelbourneVictorian Department of Sustainability and EnvironmentGoogle Scholar
Department of Sustainability, Environment, Water, Population and Communities 2011 Environment Assessment and Approval ProcessCanberraDSEWPC 2011 http://www.environment.gov.auGoogle Scholar
Department of Urban Affairs and Planning 1996 Regulatory Innovation: Regulating for ResultsSydneyNSW Department of Urban Affairs and PlanningGoogle Scholar
Department of Urban Affairs and Planning 1996 Towards an Integrated Land Use, Planning and Natural Resource Approvals Policy for New South WalesSydneyNSW Department of Urban Affairs and PlanningGoogle Scholar
Department of Urban Affairs and Planning 1997 Integrated Development Assessment, White Paper and Exposure Draft BillSydneyNSW Department of Urban Affairs and PlanningGoogle Scholar
Department of Urban Affairs and Planning and Environment Protection Authority (EPA) 1998 Managing Land Contamination: Planning Guidelines. SEPP – Remediation of LandSydneyNSW Department of Urban Affairs and Planninghttp://www.planning.nsw.gov.auGoogle Scholar
Eccles, D. 1999 Development control and third party rights under the new planning schemes in Victoria: A substantial diminution of third party rightsLocal Government Law Journal 4 124Google Scholar
EDO (Environmental Defender’s Office NSW) 2010 The State of Planning in NSW. With Reference to Social and Environmental Impacts and Public ParticipationSydneyEDOhttp://www.edo.org.au/edonswGoogle Scholar
Farrier, D.Stein, P. 2006 The Environmental Law HandbookSydneyRedfern Legal Centre Publishing
Gleeson, B.Low, N. 2000 Australian Urban Planning: New Challenges, New AgendasSydneyAllen & Unwin.Google Scholar
Harding, R. 1998 Environmental Decision-Making: The Roles of Scientists, Engineers and the PublicSydneyFederation PressGoogle Scholar
Hilmer, F. 1993 National Competition PolicyCanberraAGPSGoogle Scholar
Industry Commission 1995 The Growth and Revenue Implications of Hilmer and Related ReformsCanberraAGPSGoogle Scholar
Legal Services Commission of South Australia 2011 http://www.lawhandbook.sa.gov.au
LGA (Local Government Association of South Australia) 2002 Development Assessment Panel Guide to InnovationAdelaideLGAGoogle Scholar
LGSA (Local Government and Shires Associations of NSW) 2004 Response to Report of Local Development TaskforceSydneyLGSAGoogle Scholar
NSW Government 1996 Towards an Integrated Land Use, Planning and Natural Resource Approvals Policy for New South WalesSydneyThe Cabinet Office, NSW GovernmentGoogle Scholar
NSW Rural Fire Service (RFS) and Planning NSW 2001 Planning for Bushfire ProtectionSydneyRFShttp://www.rfs.nsw.gov.auGoogle Scholar
Parliament of NSW Joint Select Committee on the Quality of Buildings 2002 Report upon the Quality of BuildingsSydneyNSW ParliamentGoogle Scholar
PCA (Property Council of Australia (WA Division)) 2001 3rd Party Appeals – An Information PaperPerthPCAhttp://www.propertyoz.com.auGoogle Scholar
Planning, SA 2002 Guide to Development Assessment: An Integrated Planning and Development Assessment System for South AustraliaAdelaidePlanning SAGoogle Scholar
Productivity Commission 2011 http://www.pc.gov.au
RAPI (Royal Australian Planning Institute) 2001 Part 4 of the Environmental Planning and Assessment Act 1979UltimoRAPIGoogle Scholar
Smyth, R. 1990
SPCC (State Pollution Control Commission) 1974 Principles and Procedures for Environmental Impact Assessment in New South Wales, State Pollution Control Commission Environmental Standard EI-4SydneySPCCGoogle Scholar
Stein, L. 1995 Planning and accountability: A replyAustralian Planner 32 71CrossRefGoogle Scholar
Stein, L. 2008 Principles of Planning LawSouth MelbourneOxford University PressGoogle Scholar
Stein, P. 1998 Gleeson, B.Hanley, P.Renewing Australian Planning? New Challenges, New AgendasCanberraUrban Research Program, Australian National UniversityGoogle Scholar
Sturgess, G. 1994 Thirty Different Governments, Report of the Commission of Inquiry into Red TapeSydneyNSW Government PrinterGoogle Scholar
University of New South Wales 2005 Best Practice in Development Assessment for Local GovernmentSydneyUNSWGoogle Scholar
Walton, J. 1997 In praise of certaintyAustralian Planner 34 12CrossRefGoogle Scholar
Whitney Committee 2002 Using and Interpreting Local Policy: Report to the Minister for PlanningMelbourneVictorian Government Department of Sustainability and EnvironmentGoogle Scholar
Willey, S.McMullen, V. 2004 Planning appeals in Western Australia: Where to now?Environmental and Planning Law Journal 21 123Google Scholar
Yearbury, K. 1998 The Integrated Planning ActAustralian Planner 35 197CrossRefGoogle Scholar

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