• myGriffith
    • Staff portal
    • Contact Us⌄
      • Future student enquiries 1800 677 728
      • Current student enquiries 1800 154 055
      • International enquiries +61 7 3735 6425
      • General enquiries 07 3735 7111
      • Online enquiries
      • Staff phonebook
    View Item 
    •   Home
    • Griffith Research Online
    • Journal articles
    • View Item
    • Home
    • Griffith Research Online
    • Journal articles
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

  • All of Griffith Research Online
    • Communities & Collections
    • Authors
    • By Issue Date
    • Titles
  • This Collection
    • Authors
    • By Issue Date
    • Titles
  • Statistics

  • Most Popular Items
  • Statistics by Country
  • Most Popular Authors
  • Support

  • Contact us
  • FAQs
  • Admin login

  • Login
  • Anything goes? Performance based planning and the slippery slope in Queensland planning law

    Thumbnail
    View/Open
    EnglandPUB4071.pdf (128.3Kb)
    Author(s)
    England, Philippa
    McInerney, Amy
    Griffith University Author(s)
    England, Philippa C.
    McInerney, Amy B.
    Year published
    2017
    Metadata
    Show full item record
    Abstract
    This article explores the first 20 years of performance-based planning in Queensland, how it has evolved and what it means for the interpretation of planning schemes. It describes how, over the past 20 years, planning law has become significantly more discretionary, whether or not that was the intention of the original drafters of the Integrated Planning Act 1997 (Qld) and whether or not that is the inevitable result of a system based on performance-based planning.It demonstrates this thesis with some case examples of discretionary, performance-based decision-making in practice. It also considers the role the sufficient ...
    View more >
    This article explores the first 20 years of performance-based planning in Queensland, how it has evolved and what it means for the interpretation of planning schemes. It describes how, over the past 20 years, planning law has become significantly more discretionary, whether or not that was the intention of the original drafters of the Integrated Planning Act 1997 (Qld) and whether or not that is the inevitable result of a system based on performance-based planning.It demonstrates this thesis with some case examples of discretionary, performance-based decision-making in practice. It also considers the role the sufficient grounds test has played in the evolution of this more discretionary system. It identifies the advantages and disadvantages of a highly discretionary, planning and development control regime. Overall, it argues that, more so than any of the procedural reforms to planning law, it is the evolution of PBP that has played into the hands of developers who wish to prioritise economic development over and above other planning goals.
    View less >
    Journal Title
    Environmental and Planning Law Journal
    Volume
    34
    Issue
    3
    Publisher URI
    http://legal.thomsonreuters.com.au/criminal-law-journal-online/productdetail/97167
    Copyright Statement
    © 2017 Thomson Reuters. This article was first published by Thomson Reuters in the Environmental and Planning law Journal and should be cited as England & McInerney, Anything goes? Performance based planning and the slippery slope in Queensland planning law, (2017) 34 EPLJ 238. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
    Subject
    Law and Legal Studies not elsewhere classified
    Environmental Science and Management
    Urban and Regional Planning
    Law
    Publication URI
    http://hdl.handle.net/10072/352784
    Collection
    • Journal articles

    Footer

    Disclaimer

    • Privacy policy
    • Copyright matters
    • CRICOS Provider - 00233E

    Tagline

    • Gold Coast
    • Logan
    • Brisbane - Queensland, Australia
    First Peoples of Australia
    • Aboriginal
    • Torres Strait Islander