Local Government And Planning Law

Local Government and Planning Law

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LOCAL GOVERNMENT AND PLANNING LAW 2017 ESSAY ASSESSMENT TASK Due: 1 May 2017 at 5pm Word length: 2000 words ‘The history thus far of the proposed large-scale development of the historic Inglis stable yards in Randwick (also known as the Newmarket Green development) highlights the power of the State government under existing planning laws to ensure that controversial developments go ahead despite local opposition and clear community concerns.’ Discuss this statement. HOW TO SET ABOUT THIS ASSIGNMENT This assignment should be set out as an essay, in which you either agree or disagree with the statement, and provide arguments to support your stance. Your arguments should focus on the case study of the proposed Newmarket Green development. Have a look at the quick guides provided by the Centre for Teaching and Learning if you are uncertain how to structure your essay (http://scu.edu.au/teachinglearning/index.php/5). There is no right answer in this assessment task. You should avoid evaluating the merits or otherwise of the proposed development. In working out whether you agree or disagree with the statement, look at what has been done thus far by both levels of government in terms of planning and development decision-making for this development. It can be helpful to draw up a timeline so that you are clear about the sequence of events before you start writing your essay. Here you can consider the rezoning of the site by the State government which occurred despite the Council’s opposition (see http://www.planningpanels.nsw.gov.au/OnExhibition/InglisStablesNewmarketSite/tabid/117/Default.aspx) and the Council’s changes to the DCP which followed (see http://www.randwick.nsw.gov.au/__data/assets/pdf_file/0009/176436/Newmarket-DCP.pdf). In looking at the roles of both levels of government in relation to the development, you should refer to and, where appropriate, provide an explanation of relevant legislative sections in the EPAA. You should also include an explanation of the statutory and other opportunities for community groups to participate in, object to and/or challenge planning decisions relating to the proposed development. In addition you can refer to case law which sheds further light on the legislative sections discussed and/or on the above statement. Note that an appeal against a deemed refusal of Stage 1 of the development application has been lodged in the Land and Environment Court (see http://www.planningpanels.nsw.gov.au/DevelopmentandPlanningRegister/tabid/62/ctl/view/mid/424/JRPP_ID/2707/language/en-US/Default.aspx). The matter has been set down for hearing on 17 – 21 March 2017. You need to discuss the decision making process which has applied thus far to the development and whether there has been any opportunity for community concerns in relation to the proposed development to be factored into any decision-making processes. This requires you to identify the category of development, the consent authority and the specific legislative requirements for this category of development. You also should discuss the legislative requirements in relation to deemed refusals, the nature of the appeal, and whether community concerns have or will be factored into the Court’s proceedings and decision. You will find some more information on this in the Southern Courier issue dated 29 November 2015. Note that there is a NSW EDO paper available under ‘Other Resources’ on myscu – this may be helpful in providing information on merits appeals. Topics one, two, three and five are relevant to this assignment. Don’t forget to provide footnotes and a bibliography in accordance with the Australian Guide to Legal Citation. You can find information on the proposed Newmarket Green development on the internet and I have listed various links below. Not all of the information is current but as you are looking at the history of the development, even some of the older links might be useful. http://www.smh.com.au/nsw/mega-development-plans-for-historic-inglis-stable-yards-in-randwick-20160401-gnvu92.html http://www.smh.com.au/nsw/inglis-development-rezoning-randwick-mayor-seeks-urgent-meeting-with-planning-minister-20150410-1mikwl.html http://www.randwick.nsw.gov.au/about-council/news/news-items/2015/april/randwick-mayor-concerned-at-inglis-rezoning http://www.theaustralian.com.au/business/property/rezoning-approved-for-inglis-stables-at-randwick/news-story/066f3cd042e16fb7cbe5eb2b355083d0 http://yoursayrandwick.com.au/inglis http://www.randwick.nsw.gov.au/about-council/news/news-items/2016/april/inglis-development-application-exhibition-period-extended http://www.saverandwick.com/index.php/developmentapplicationsproposals/inglisnewmarket-site