Planning and Development Law is an elective subject in undergraduate programs offered by the Faculty of Law. This subject will introduce students to interpreting planning instruments, ascertaining development rights and securing and acting on development approvals. The focus of the subject will be the development approval process under Queensland's planning legislation. However, teachings will emphasise the underlying legal principles that apply in not only Queensland but also other States and jurisdictions. With planning considerations now a core part of corporate activity, the subject will benefit both students interested in pursuing a career in this specialised area and also those interested in corporate in-house roles, the property industry and government and financial sectors.
|Academic unit:||Faculty of Law|
|Subject title:||Planning and Development Law|
Delivery & attendance
|Attendance and learning activities:||Planning and development law regulates what uses and works can be carried out on land and whether approval is required to do so. The subject will equip students with an understanding of the legal issues involved in determining whether development approval is required, the prospects of securing development approval, the steps involved in making a development application and the effect of development approvals. The course coordinator is Michelle Pennicott, a Partner of law firm MinterEllison Gold Coast with over 20 years’ experience in this area of law, who co-teaches the subject with Genevieve McCracken, a Senior Associate of the same firm. Consistent student feedback over the 13 years the subject has been offered is that the subject is highly practical, with a wealth of knowledge shared by industry professionals. As the subject is highly practical, the learning method is for students to navigate through and read multiple pieces of legislation, planning instruments and online mapping. To succeed in the subject, students must be prepared to undertake this practical learning method.|
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Assumed Prior Learning (or equivalent):
Students must be admitted into a Bachelor law degree or Bachelor of Laws combined degree or SD-90004 - Bachelor of Sustainable Environments and Planning or be an approved Law Study Abroad OR Law exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Appreciate the evolution and purpose of planning legislation.
- Be familiar with the status, core elements and approach to interpretation of planning instruments.
- Have an understanding of the range of planning and environmental approvals integrated into the Queensland development assessment system.
- Converse with the legal issues that arise in the making and processing of development applications and the implementation of development approvals.
- Have the ability to apply assessment and decision-making criteria to establish the planning merit of a development proposal.
- Have an understanding of the powers and practice of the Planning and Environment Court.
|*Class Participation||Tutorial performance||20%||Ongoing||1, 2, 3, 4, 5, 6.|
|Take-home Examination||Take-home exam (covering all subject content)||60%||Non-Standard Examination Period||1, 2, 3, 4, 5, 6.|
|Paper-based Examination (Open)||Mid-semester test (in class) covering content from previous weeks||20%||Week 6 (Mid-Semester Examination Period)||1, 2, 3, 4, 5, 6.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
What is planning and planning law?
General planning considerations/criteria
Planning instruments categories of assessment and assessment benchmarks
Planning scheme assessment and decision making
Schedule 10 - State assessment
Application, information and notification stages
Changes to application, decision, conditions and representation/appeal rights
Enforcement, changing approvals and lapsing