School: Business and Law

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  • Unit Title

    Planning and Development Law I
  • Unit Code

    LAW2601
  • Year

    2022
  • 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 have passed either LAW1100, LAW1116 or 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

On campus students will attend a two hour of lecture and one hour tutorial per week for one semester. Online students will access the unit via LMS. 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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