The Land and Environment Court's Planning Principles: Relationship with planning theory and practice

摘要

A significant recent development in some determinations in the merit appeal jurisdiction of the Land and Environment Court has been for Commissioners to include "planning principles" in their written decisions. This article expresses qualified support for the planning principles. The principles have a valuable role to play in ensuring consistency in the determination of merit appeals by the court. However, a cautious and considered approach should be exercised to justify the broader application of the principles to the formulation of planning controls and development assessment by local councils and the design of development proposals by developers and architects.