Planning Law & Statutory Planning (ABPL90130)

This aim of this subject is to study the legal framework within which urban planning takes place, and the ways that local provisions (e.g. ‘Planning Schemes' in Victoria) are prepared and administered to implement plans.  The subject focuses on the legal frameworks and mechanisms used in Australia, with particular emphasis on Victoria. There is some critical comparison with alternative approaches used in other jurisdictions. 

The intentions of the subject for students are threefold: 
1.    To understand the basis of key statutory processes and subsequently be able to undertake key entry-level statutory tasks that are of value to practitioners.
2.    To develop skills that can be used for ongoing learning in statutory planning and planning law.
3.    To critically consider existing planning processes, and ways they might be changed to achieve better outcomes. 

The subject begins by establishing the role of regulation and laws in the processes and governance of urban planning, and the objectives that statutory planning seeks. The possible tensions and conflicts between these objectives, and the different approaches that might be adopted in dealing with these are considered. Through the lens of statutory planning, the challenges of climate change, recognition of indigenous cultural heritage, and professional ethics are examined alongside the pressures of ongoing population growth and development that seeks overall social, economic and environmental goals.

The main processes and roles of Victorian statutory planning process are covered in detail, addressing the amendment of planning schemes, permitting processes, scheme administration and reviews (appeals). Finally, the relationship between these urban planning systems and other regulatory systems, such as Commonwealth environmental legislation and indigenous processes are examined, before turning to the question of possible reforms.