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Unit (2019)

Information on this page, including unit offerings, is from the 2019 academic year.

Law of Planning (LLB367)

Organisational Unit Law and Criminology
Credit Points 3
Description This unit introduces the legal principles and statutory framework governing the regulation of town planning and land development in WA and beyond. It considers control at the State, regional and local government levels, rights of appeal against subdivision, development and building decisions, the jurisdiction of the State Administrative Tribunal in resolving disputes, the role of environmental assessment and approval in planning outcomes and compensation for the use and acquisition of land for public purposes.
Unit Learning Outcomes On successful completion of the unit you should be able to:
1. Describe the underlying principles governing planning law and regulation and apply them to a relevant legal problem;
2. Identify the key planning and environmental government agencies in Western Australia, the key statutory and policy instruments and the relationships between them;
3. Identify the relevant approvals required for a given proposal, the relevant planning scheme provisions and policy considerations for the assessment of the proposal, and the likelihood of approval being granted;
4. Describe how the environmental impact assessment of planning proposals in WA is conducted, the relationship between the planning and environmental assessment regimes, and explain the role of the principles of Ecologically Sustainable Development in both regimes;
5. Identify common legal issues arising in the planning or environmental assessment process of a given proposal and demonstrate how to apply the legal principles governing the use of discretion by the decision-making authority;
6. Explain the principles and statutory regime governing the reservation and taking of land in WA and payment of compensation for the such actions and apply them in preparing advice on a legal problem(s); and
7. Describe how the planning appeals system in the State Administrative Tribunal functions, compare its features to those of traditional courts, and explain when planning appeals are available and the statutory provisions governing the resolution of planning matters in the Tribunal;
8. Recognise legal issues in the fact situations covered in class and discuss the legal problems and how to solve them; share knowledge from pre-readings to the class discussions;
9. Consider a chosen essay topic, identify and describe the key elements of the topic, research and evaluate the major literature relating to the topic, design a structure for organising the material, develop and present a persuasive and cohesive thesis, argument or theme to address the topic.
Timetabled Learning Activities 24 hours Taught intensively in 1 week.
Unit Learning Experiences Lectures will provide a framework for studying the unit and a structured presentation of core content.
Assessment An essay and an exam, or some other combination of assessments.
Prerequisites Successful completion of all Part I units in the LLB, and LLB358/LAW258 Australian Administrative Law.
Exclusions Students who have successfully completed LAW367 Law of Planning may not enrol in this unit for credit.
Appears in these Courses/Majors:
see individual structures for context
Law (LLB); (LLB(Hons)) [New in 2014]
Law + Arts [Combined] (LLB)+(BA)
Law + Arts [Combined] (LLB)+(BA) [New in 2014]
Law + Business [Combined] (LLB)+(BBus)
Law + Business [Combined] (LLB)+(BBus) [New in 2014]
Law + Commerce [Combined] (LLB)+(BCom)
Law + Communication [Combined] (BCommun)+(LLB)
Law + Criminology [Combined] (BCrim)+(LLB) [New in 2018]
Law + Global Security [Combined] (LLB)+(BGS) [New in 2019]
Law + International Business [Combined] (LLB)+(BIB)
Law + Psychology [Combined] (LLB)+(BA) [New in 2018]
Law + Psychology [Combined] (LLB)+(BSc)
Law + Science [Combined] (LLB)+(BSc) [New in 2014]
Law - Graduate Entry (LLB) [New in 2017]
Internet Access RequirementsMurdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.

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