operations of the Land and Environment Court

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Format: The purpose of this assignment is to familiarise students with the operations of the Land and Environment Court. You will need to identify a court session you can attend, and report the observations made during this fieldwork. You will be given guidance on how to identify appropriate court sessions in class. The due date is late in semester, to enable you time to undertake the fieldwork While no prescriptions are placed on how groups divide preparation of the report, all students are expected to participate in the fieldwork. Despite incorporating first hand observations and reflections, the report should have a logical flow and use professional language and structure (not piecemeal notes). The report must be written in your own words – with any other sources properly cited. Length: 1,500 words Curriculum Mode: Report
You are required to outline and reflect on the merits or otherwise of the current process in NSW for appealing against a determination made on a development application. This includes reflection on the general appeal process, and con-sideration of a particular appeal that is currently underway. The report should include the following, as a minimum:
A description of the standard appeal process from original determination to court adjudication 2. An outline of one case currently before the court 3. A description of first-hand observations of a particular court session of that case 4. Commentary on what had preceded, and what would follow, that session 5. Reflection on the appeal process, both the case observed and more generally
IMPORTANT NOTE: In the event that access to the Land and Environment Court is restricted (e.g. due to COVID disruptions), the unit coordinator will instruct students to complete the following alternative report: The Land and Environment Court’s commissioners have developed fewer new ‘planning principles’ in recent years You are required to write a report reflecting on the history of planning principles, their role in court decisions and the potential future of planning principles. You should develop your report around the case study of one particular planning principle. Questions your report should cover include:
What were the origins of planning principles in the Land and Environment Court, who was behind their intro-duction, and what was their role expected to be? 2. How do planning principles compare with planning controls set by councils (or other approval authorities), and how do they compare with the idea of ‘case law’ in traditional courts? 3. What is one example of a planning principle, what was the case it was originally written for, and how did it affect the court’s decision on that case? 4. Find three cases that subsequently drew on the planning principle outlined in (3) above: how has that planning principle been used subsequently to inform the court’s decisions, in the individual cases but also collectively based on those instances? 5. What do you think the future of planning principles will be, and should be, for the Land and Environment Court?

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