Answer any one (but only one) of the following questions:
1. What have been the effects over time of the common law pertaining to land and
planning statutes on property rights? In what circumstances might compensation or
taxation accrue to landowners as a result of planning decisions? Illustrate your
answer with reference to relevant examples, statutes or court cases.
OR
2. What is the common law? Compare and contrast the common law and statutory law,
in general terms. Briefly compare town planning legislation with common law action
for nuisance, to explain why our planning system is based on statute rather than
common law.
OR
3. Why is judicial review of administrative decisions an essential element of the
planning system? How do the ‘open standing’ provisions of some planning
legislation assist in this process? Critically discuss three cases in which the courts in
New South Wales have overturned government planning decisions.
OR
4. What do you consider to be the importance of the objects of the Environmental
Planning and Assessment Act 1979? Illustrate your answer by specific references to
one or more objects and their implementation through consideration of relevant case
studies and examples.
OR
PTO
5. Critically assess the involvement of the Commonwealth in environmental and
planning issues through the use of constitutional powers and legislative means.
What are some of the practical implications of Commonwealth activity in planning
and land use management in New South Wales?
OR
6. Discuss the impact of the rise of ‘environmentalism’ on planning and natural
resources policy and legislation in New South Wales. What are some of its
implications for state and local government planning practice?
OR
7. Critically discuss the role of the Land and Environment Court’s Planning Principles in
the New South Wales planning system. In your answer consider the benefits of, and
possible problems associated with, this initiative.
OR
8. What are the main features of the New South Wales statutory planning system? Use
you answer to demonstrate your knowledge of the Environmental Planning and
Assessment Act 1979. What are some of the fundamental changes introduced by
the State Government’s recent planning reforms?
