Overview

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. \nThe 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. \nEngland'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. \nThis 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.

Full Product Details

Author:   Amy McInerney ,  Philippa England
Publisher:   Federation Press
Imprint:   Federation Press
ISBN:  

9781760022068

ISBN 10:   1760022063
Pages:   256
Publication Date:   26 June 2019
Audience:   General/trade ,  Professional and scholarly ,  General ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order  
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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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