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Planning in Queensland: Law, Policy and Practice

Planning in Queensland: Law, Policy and Practice

By Philippa England and with Amy McInerney

Planning in Queensland: Law, Policy and Practice takes a fresh look at the operation of planning law in Queensland, incorporating insights based on current debates and reforms to the relevant law. 

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  • Full description

    Planning in Queensland: Law, Policy and Practice takes a fresh look at the operation of planning law in Queensland, incorporating insights based on current debates and reforms to the relevant law. As with its predecessors, this new text explains the main features of Queensland’s principal planning statute, now the Planning Act 2016, and brings the features of this highly technical statute to life with a variety of case studies drawn from planning documents and legal sources.

    The development industry is an important pillar of the Queensland economy. This book describes, in an accessible way, the legal framework within which this industry must operate. It makes the technicalities of the law easy to understand for a wide range of readers – practitioners, students, concerned residents and anyone who cares about the form and implications of Queensland’s ongoing urban development.

    England’s thoughtful analysis stimulates further discussion about the important issues underlying the nature of the development system. The book also includes a contribution from Judge Michael Rackemann, which offers valuable insights into the Planning and Environment Court.

    This book provides a clear account of the principles of the Planning Act 2016 and invites the reader to question, challenge and probe further into an area of law that is actively shaping the future face of Queensland.

  • About the author

    Dr Philippa England is a senior lecturer in the Law School at Griffith University, Queensland. She holds LLB, LLM and PhD degrees from London University (School of Oriental and African Studies), and now specialises in the study and teaching of planning and environmental law in Queensland. Her publications include several contributions to the Environmental and Planning Law Journal as well as three previous books on planning law in Queensland.

    Amy is a PhD candidate at Griffith University and her research focuses on planning law in Queensland. Amy practised planning and environmental law in Queensland for over five years and has academic teaching experience in this field at Griffith University and Bond University, Queensland.

  • Product details

    ISBN: 9781760022068

    Published: 2019

    Format: Softcover

  • Table of contents

    Foreword by the Hon Judge Michael Rackemann 
    Preface 
    List of Tables, Figures, Boxes 
    List of Abbreviations 
    Table of Cases 
    Table of Statutes

    1. The Planning Picture: A Context and History

    Introduction 
    What is planning law? 
    A brief history of planning law in Queensland 
    Twenty years of planning law reform: observations and reflections 
    Conclusion 
    References

    2. Ecological Sustainability: Standing Aloof?

    Introduction 
    What is ecological sustainability? 
    What does the duty to facilitate ecological sustainability actually involve? 
    Implementing ecological sustainability in the PEC 
    Some comparative jurisprudence from New South Wales 
    Conclusion: whither the goal? 
    References

    3. The Controlling Hand? State Powers in Planning and Development Control

    Introduction 
    State planning instruments 
    Other State powers 
    Economic Development Act 2012 
    Case studies of the State–local interface 
    Conclusion 
    References

    4. Local Planning Instruments

    Introduction 
    Local planning schemes 
    Other local planning instruments 
    Performance based planning in practice 
    Conclusion 
    References

    5. Bringing It All Together: The Development Assessment System

    Introduction 
    The Development Assessment System: origin and evolution since 1997 
    What is development and when must it be assessed? 
    The DAS steps 
    What happens if a procedural requirement in the DAS is not complied with? 
    Private certification 
    Conclusion 
    References

    6. Judicial Contributions to Development Assessment

    Introduction 
    Planning instruments – general principles of interpretation 
    New and draft planning instruments 
    Code assessment: the residual discretion 
    Impact assessment: additional assessment criteria 
    Conclusion 
    References

    7. Approvals, Conditions and Charges

    Introduction 
    Development approvals 
    Development conditions 
    Infrastructure charges and conditions 
    Conclusion 
    References

    8.Making it Work: Offences, Disputes and Appeals

    Introduction 
    Development offences and enforcement provisions 
    Legal proceedings – declarations and appeals 
    Dispute resolution bodies 
    Practice and procedure 
    Special features of the PEC 
    Development tribunals 
    Conclusion

    9. Conclusion

    Index

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