Does the "One-Stop Shop" Need Refurbishing? Evaluating the Review Jurisdiction of the NSW Land and Environment Court

Pearce, CM

Does the "One-Stop Shop" Need Refurbishing? Evaluating the Review Jurisdiction of the NSW Land and Environment Court

Pearce, CM

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Publisher:: Thomson Reuters
Publication Type:: Journal Article
Citation:: Environmental and Planning Law Journal, 2018, 35 (3), pp. 235 - 246
Issue Date:: 2018-05-15

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Field	Value	Language
dc.contributor.author	Pearce, CM	en_US
dc.date.issued	2018-05-15	en_US
dc.identifier.citation	Environmental and Planning Law Journal, 2018, 35 (3), pp. 235 - 246	en_US
dc.identifier.issn	0813-300X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/124254
dc.description.abstract	This article examines the role of the New South Wales (NSW) Land and Environment Court. It considers the criticisms levelled at the Court’s review processes, in particular, suggestions that review bodies may intrude upon the merits of the original decision, and thereby disrupt or confuse the accepted understandings of principles applied by practitioners. This article then examines the benefits associated with review proceedings, in particular their ability to protect litigation brought in the public interest, and to shed light upon biased or corrupt decision-making. This article also highlights the ongoing development of the Court’s role, with the continued evolution of Planning Principles and opportunities for continued growth into the future. This paper ultimately posits the view that the ongoing tension between planners, councils and the Court should not be viewed as a cause for concern, but a sign of a healthy system of accountability in the NSW Planning System.	en_US
dc.publisher	Thomson Reuters	en_US
dc.relation.ispartof	Environmental and Planning Law Journal	en_US
dc.title	Does the "One-Stop Shop" Need Refurbishing? Evaluating the Review Jurisdiction of the NSW Land and Environment Court	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	35	en_US
utslib.for	1801 Law	en_US
utslib.for	0502 Environmental Science and Management	en_US
utslib.for	1205 Urban and Regional Planning	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.publication-status	Published	en_US
pubs.volume	35	en_US

Abstract:

This article examines the role of the New South Wales (NSW) Land and Environment Court. It considers the criticisms levelled at the Court’s review processes, in particular, suggestions that review bodies may intrude upon the merits of the original decision, and thereby disrupt or confuse the accepted understandings of principles applied by practitioners. This article then examines the benefits associated with review proceedings, in particular their ability to protect litigation brought in the public interest, and to shed light upon biased or corrupt decision-making. This article also highlights the ongoing development of the Court’s role, with the continued evolution of Planning Principles and opportunities for continued growth into the future. This paper ultimately posits the view that the ongoing tension between planners, councils and the Court should not be viewed as a cause for concern, but a sign of a healthy system of accountability in the NSW Planning System.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/124254