LLAW3254 Land Use Planning Law

2017

4.5

1 x 2-hour seminar weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 27 units of first year LLAW topics
3 LLAW2221 - The Constitution and the Australian People [Indigenous / Social Justice I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW3040 has been successfully completed

This topic is a study of the control of land development under the system of land-use planning in South Australia with reference to the development of planning controls; the powers and role of local government and other planning authorities; the relationship between developers, residents and government; the role of lawyers; and rights of representation and appeal.

The topic aims to enable students to understand the:

• tension between concepts of private property and government regulation of land use
• applicable laws (including case law) and regulations which govern the development of land in South Australia
• circumstances in which approval is needed for any development in relation to a parcel of land in South Australia
• processes by which that approval is granted or withheld
• rights of owners of neighbouring land, residents in the locality, operators of businesses affected by the development, and other persons at large and interest groups to put forward their views in relation to an application for approval
• enforcement by public authorities and by private individuals of the regulations governing the development and liabilities for breach of the regulations
• ways in which zoning controls are prepared and changed and the ability of members of the public to be informed of proposed changes and to participate in the processes by which change is effected
• economic, environmental, social and other factors involved in the development of land and the consequences of current planning policy
• history of the development of land in South Australia and other regions as selected and the interrelationship of development in different places; including a general appreciation of architectural theory and the influence of prominent leaders and planners such as Colonel Light, Tom Playford , Don Dunstan, C. C. Reade and Stuart Hart
• role and powers of local government in South Australia and the operation of councils with particular reference to the balance between elected councillors and council staff
• role of courts in the planning process

Upon completion of the topic students will be able to:

• explain in broad terms the history of land development controls in South Australia
• explain and evaluate the features of the current system of land use controls in South Australia
• detect any legacy of the history of development controls in South Australia in the current development control scheme
• critique the appropriateness of the weight that the current development control scheme places on economic, social and cultural and aesthetic considerations
• discern and evaluate future trends in the direction of land use planning controls in South Australia
• analyse the nature and form of a current Development Plan in the context of the South Australian development control scheme and apply it by
  • discerning the principles of development control that are relevant and applicable to a parcel of land
  • differentiating between the types of development that are likely to gain approval and those that are not likely to gain approval in relation to a parcel of land
  • evaluating the appropriateness of the public notification, hearing and appeal processes established by the development control scheme
• analyse the role that courts (including specialist courts and tribunals), their procedures and expert witnesses play in reviewing decisions of planning authorities and in enforcing land use planning laws