Restorative justice intervention in a planning law context: Is the 'amber light' approach to merit determination restorative?

摘要

Restorative justice is a multifaceted concept which has been utilised in a number of settings. Even though, as yet, New South Wales environmental and planning law has not followed the impressive lead provided by Australia's New Zealand neighbours in the use of restorative justice in that context, a restorative justice conference was held following the destruction of an Aboriginal cultural heritage object and place. Class 1 planning appeals before the New South Wales Land and Environment Court are evolutionary in nature with the "amber light" approach to merit determination facilitating amendments to development proposals in response to community, consent authority and court concerns. This article argues that the amber light approach to merit determination is restorative.