School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Planning and Development Law I
  • Unit Code

    LAW2601
  • Year

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Edward Edmond ANDRE

Description

This unit will introduce students to the land use planning system in Western Australia with particular focus on the Planning and Development Act 2005 (WA). The role of state planning policies, region planning schemes and local planning schemes will be examined. The relationship between region planning schemes, local government schemes, planning control provisions and written laws will be examined, together with subdivision and development control. Practical matters such as Model Scheme Text and Residential Design Codes will also be reviewed. Students will be made aware of interim development orders, planning control areas and improvement plans. Particular attention will be given to the promotion of sustainable land use and development as a fundamental and underlying objective of the land use planning system in Western Australia.



This unit will also examine the role of administrative law in determining planning disputes and policy development. The legislative nature of by-laws and regulations will be explained as will grounds and avenues of challenge to planning proposals.



Throughout this unit, students will also be encouraged to critically reflect on whether the process of consolidation under the new planning and development regime in Western Australia has streamlined the planning process and provided for a more clear, certain and workable planning system for this State.

Prerequisite Rule

Students must pass 1 units from LAW1100, LAW1116, LAW1600

Equivalent Rule

Unit was previously coded LAW5601

Learning Outcomes

On completion of this unit students should be able to:

  1. Be aware of the nature and effect of interim development orders, planning control areas, and improvement plans.
  2. Demonstrate an understanding of the relationship between region planning schemes, local planning schemes, planning control provisions and written laws, the use of Model Scheme Text, and also how R-Codes provide the basis for controlling the siting and design of residential development.
  3. Discuss the availability of compensation and the grounds for purchase or compulsory acquisition, together with the powers of enforcement available to the Minister and legal proceedings which may be brought for offences including contravention of planning schemes and interim development orders, and development in a planning control area without approval.
  4. Discuss the functions and powers of the Western Australian Planning Commission.
  5. Discuss the prescribed statutory procedure for the formulation, continuation, consolidation, review and amendment of region planning schemes and local planning schemes.
  6. Discuss the procedure for formulation of state planning policies.
  7. Identify and discuss the grounds and avenues available for the review and challenge of a planning decision.
  8. Identify and discuss the legal framework in Western Australia for regulation of land use planning and development.
  9. Identify the features of subdivision and development control considerations taken into account when decision makers consider an approval for subdivision.

Unit Content

  1. Compensation and acquisition.
  2. Enforcement and legal proceedings.
  3. Interim development orders, planning control areas and improvement plans.
  4. Local planning schemes.
  5. Model Scheme Text and Residential Design Codes.
  6. Region planning schemes.
  7. Review and challenge of planning decisions.
  8. State planning policies.
  9. Subdivision and development control.
  10. The statutory framework for the regulation of planning and development in Western Australia includingg current planning issues.

Additional Learning Experience Information

This unit will be offered in the on campus and off campus modes. On campus students will attend a two hour of lecture and one hour tutorial per week for one semester.

Off campus students will access the unit via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentAssignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2601|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Planning and Development Law I
  • Unit Code

    LAW2601
  • Year

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Edward Edmond ANDRE

Description

This unit will introduce students to the land use planning system in Western Australia with particular focus on the Planning and Development Act 2005 (WA). The role of state planning policies, region planning schemes and local planning schemes will be examined. The relationship between region planning schemes, local government schemes, planning control provisions and written laws will be examined, together with subdivision and development control. Practical matters such as Model Scheme Text and Residential Design Codes will also be reviewed. Students will be made aware of interim development orders, planning control areas and improvement plans. Particular attention will be given to the promotion of sustainable land use and development as a fundamental and underlying objective of the land use planning system in Western Australia.



This unit will also examine the role of administrative law in determining planning disputes and policy development. The legislative nature of by-laws and regulations will be explained as will grounds and avenues of challenge to planning proposals.



Throughout this unit, students will also be encouraged to critically reflect on whether the process of consolidation under the new planning and development regime in Western Australia has streamlined the planning process and provided for a more clear, certain and workable planning system for this State.

Prerequisite Rule

Students must pass 1 units from LAW1100, LAW1116, LAW1600

Equivalent Rule

Unit was previously coded LAW5601

Learning Outcomes

On completion of this unit students should be able to:

  1. Be aware of the nature and effect of interim development orders, planning control areas, and improvement plans.
  2. Demonstrate an understanding of the relationship between region planning schemes, local planning schemes, planning control provisions and written laws, the use of Model Scheme Text, and also how R-Codes provide the basis for controlling the siting and design of residential development.
  3. Discuss the availability of compensation and the grounds for purchase or compulsory acquisition, together with the powers of enforcement available to the Minister and legal proceedings which may be brought for offences including contravention of planning schemes and interim development orders, and development in a planning control area without approval.
  4. Discuss the functions and powers of the Western Australian Planning Commission.
  5. Discuss the prescribed statutory procedure for the formulation, continuation, consolidation, review and amendment of region planning schemes and local planning schemes.
  6. Discuss the procedure for formulation of state planning policies.
  7. Identify and discuss the grounds and avenues available for the review and challenge of a planning decision.
  8. Identify and discuss the legal framework in Western Australia for regulation of land use planning and development.
  9. Identify the features of subdivision and development control considerations taken into account when decision makers consider an approval for subdivision.

Unit Content

  1. Compensation and acquisition.
  2. Enforcement and legal proceedings.
  3. Interim development orders, planning control areas and improvement plans.
  4. Local planning schemes.
  5. Model Scheme Text and Residential Design Codes.
  6. Region planning schemes.
  7. Review and challenge of planning decisions.
  8. State planning policies.
  9. Subdivision and development control.
  10. The statutory framework for the regulation of planning and development in Western Australia includingg current planning issues.

Additional Learning Experience Information

This unit will be offered in the on campus and off campus modes. On campus students will attend a two hour of lecture and one hour tutorial per week for one semester.

Off campus students will access the unit via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentAssignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
AssignmentWritten submission10%
AssignmentAssignment30%
ExaminationFinal Examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2601|1|2