Land use control: an analysis of Australian laws with proposals for a national approach

Fogg, Alan Stuart (1975). Land use control: an analysis of Australian laws with proposals for a national approach PhD Thesis, T.C. Beirne School of Law, The University of Queensland. doi:10.14264/uql.2015.69

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Author Fogg, Alan Stuart
Thesis Title Land use control: an analysis of Australian laws with proposals for a national approach
School, Centre or Institute T.C. Beirne School of Law
Institution The University of Queensland
DOI 10.14264/uql.2015.69
Publication date 1975
Thesis type PhD Thesis
Supervisor Unknown
Total pages 603
Language eng
Subjects 180124 Property Law (excl. Intellectual Property Law)
Formatted abstract
The object of the research is to analyse Australian town planning law and produce suggestions for preferred change. The outline of objectives is dealt with in Chapter 1.

Chapter 2 gives administrative arrangements for various planning responsibilities at Federal and State level, while new Federal laws and policies are closely examined in Chapter 3 concerning New Cities and Growth Centres, and Chapter 4 on Regional Planning. Regional Planning is both a Federal and State concern, but regional plans and arrangements require implementation, largely through State legislation.

The most significant areas of State laws are also examined. Firstly, in Chapter 5, the crucial relationship between subdivision and town planning law is analysed. Secondly the complexities of scheme-making procedures, and the significant areas of public involvement through participation or public inquiries are dealt with in Chapters 6 and 7 respectively.

The content and layout of schemes is also important, and Chapter 8 provides an analysis, critique and a number of suggestions for improvement in this area. Analysis and recommendations for an altered approach to non-conforming use rights are set out in Chapter 9.

The Queensland system of an individual right to apply fo r rezoning of land under an approved scheme is unique in Australia. Chapter 10 deals with this system in depth and puts forward recommendations for unifying the present two stages of the process.

Rights of appeal against development control decisions are crucial, as are the arrangements for dealing with appeals launched against such decisions. Chapter 11 isolates the more important internal inconsistencies in certain Australian States, while Chapter 12 describes the arguments for and against the basic choices in any development control appeal system. Suggestions are made both for immediate and for future implementation.

Compensation is frequently a stumbling-block to good town planning. Chapter 13 offers a conceptual analysis of Australian arrangements and demonstrates the complexity and restrictiveness of current statutory provisions. Queensland is selected as a paradigmatical example of comparable legislation in the other States. Recommendations are made for change through simplification of the law. Betterment is dealt with in Chapter 14 and current legislation is criticised as ineffectual.

It is essential to take a broad view of land values, and Chapter 15 attempts this more general approach. As one aspect, the recommendations of the Else-Mitchell Commission are considered in detail.

In the final Chapter 16, the three methods of achieving uniformity of legislation in Australia are examined. If change is to tane place then the appropriate vehicle for legislative intervention is a crucial choice to make. Essentially this final chapter demonstrates the general techniques and approaches available to ensure the implementation of changes put forward in the previous chapters of the thesis.

Every attempt has been made to guarantee accuracy up to the end of 1974. Unfortunately, the tyrannies of Australian distance allied to slow communications have meant that certain important documents have been omitted. The absence of the Planning and Development Bill 1974 for Tasmania, and two important publications of the New South Wales Planning and Environment Commission is particularly regretted. The Tasmanian Bill, Towards a New Planning System for New South Wales (November, 1974), and Proposals for a New Environmental Planning System for New South Wales (June, 1975) are all crucial to an understanding of the directions of change in land use planning law. Happily, all three documents go far to reinforce the analyses and conclusions in the text, particularly in relation to the definition of development, integration of subdivision and town planning and public participation as well as many other matters.
Keyword City planning and redevelopment law -- Australia

Document type: Thesis
Collection: UQ Theses (RHD) - UQ staff and students only
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Created: Mon, 05 Jan 2015, 14:54:02 EST by Mary-Anne Marrington on behalf of Scholarly Communication and Digitisation Service