What relevance does Hickman have to local government and planning law in Australia? Identify as examples at least two statutory references

Consider Bushfire Survivors for Climate Action Inc v Environmental Protection Authority [2021] NSWLEC 92

Outline the:

Relevant facts
Issue(s)
Relevant Finding(s)
Decision
Relevance to planning law in NSW.

[5 marks] Consider Peabody Pastoral Holdings Pty Ltd v Mid-Western Regional Council [2013] NSWLEC 86

Outline the:
Relevant facts
Issue(s)
Decision
Relevance to planning law in NSW

Consider Queanbeyan City Council v ACTEW Corporation Ltd [2011] HCA 40
Outline the:

Relevant facts
Issue(s)
Decision
What the numerous interventions indicate.

4.The Hickman Principle

With regard to the Hickman Principle or Hickman Approach (Hickman):
What is the common law origin of this?
What are the key elements?

b) What relevance does Hickman have to local government and planning law in Australia? Identify as examples at least two statutory references

 

5.  Consider:

Alison Ziller, The New South Wales Joint Expert Report Policy – reflections of an SIA practitioner (2016) 21 LGLJ 149 ABC Radio National, Law Report, Hot tubbing, 5 May 2009,

http://www.abc.net.au/radionational/programs/lawreport/hot-tubbing/3137260#transcript

Outline what is a ‘doorstop SIA’
Students need to identify:
The statutory basis for ‘SIA’
The reason for the use of ‘doorstop’

What is a ‘JERP’

What is ‘hot tubbing’

d) Critically evaluate the use of JERPS and hot tubbing in assisting the NSWLEC to resolve planning disputes

Identify:

how and when in the legal process the above procedures come into play the advantages and disadvantages of these procedures

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