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This subject examines the law applicable to planning and development projects within Victoria. A detailed analysis of the Planning and Environment Act 1987 (Vic) and its application will be supplemented by an examination of the various political and economic aspects that are continually at play in the Victorian planning regime. The subject will also address the interaction of the Victorian planning regime with a number of other statutory processes relevant to the development of land within Victoria, such as those contained within the Environment Protection Act 1970 (Vic), the Subdivision Act 1988 (Vic), and the Building Act 1993 (Vic).
A key component of the subject will be a case study concerning a hypothetical development proposal.
Principal topics include:
- The conceptual framework for planning law in Victoria
- Evaluation of the various components of the Victorian planning regime, focusing on the operation of the Planning and Environment Act 1987 (Vic) and the Victoria Planning Provisions
- The role of key actors under the Victorian planning regime (such as the Victorian Minister for Planning and municipal councils) and the key processes established under the regime
- The review of decisions made under the regime (both in the Victorian Civil and Administrative Tribunal and the Supreme Court of Victoria) and the powers available to relevant planning authorities under the Planning and Environment Act 1987 (Vic)
- Particular problems that arise in the Victorian planning system such as the fair and equitable distribution of undesirable land uses, the limitation of urban sprawl within metropolitan Melbourne, the appropriate level of public participation in decision-making processes, and the need to deliver sound planning outcomes in a timely and efficient manner
- The interaction of the Planning and Environmental Act 1987 (Vic) and the Building Act 1993 (Vic).
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand the operation of the key components of the Victorian planning regime
- Appreciate the role played by different actors within the Victorian planning regime (such as the Minister for Planning, local governments, developers and objectors)
- Be familiar with the nature, scope and operation of the various avenues for review of decisions made under the Victorian planning regime
- Understand how the Victorian planning regime interacts with other statutory processes, including those contained within the Environment Protection Act 1970 (Vic), the Environmental Effects Act 1978 (Vic), the Subdivision Act 1988 (Vic) and the Liquor Control Reform Act 1998 (Vic)
- Appreciate different historical and theoretical underpinnings of planning law.
Last updated: 18 December 2020