Advance Urban Planning Law

Running head: ADVANCE URBAN PLANNING LAW
Advance Urban Planning Law
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1ADVANCE URBAN PLANNING LAW
“The courts generally prefer to take a minimalist approach to resolve planning
disputes”
The Queensland Government enacted the Integrated Planning Act, 1997. The purpose
of minimalist planning is to make sure that there is a level of development. It has been stated
that the Courts usually prefer in taking a less approach for solving the disputes regarding
planning. The process of planning reduces the economic loss and environmental externalities
as observed in the case of Grant Vs Cairns City Council [2003]. There is an effect of the
process of minimalist planning. The objective is to preserve the status quo.
The objective of Alternative Dispute Resolution is to provide an appropriate solution
rather than imposing a decision, which does not comply with the dispute of the parties.
Usually the Courts avoid the age-old process of litigation, which quite uncertain and time-
consuming (Goldberg et al., 2014). In this regard, mention can be made regarding the existing
methods of Alternative Dispute Resolution, which are Arbitration, Conciliation, Mediation
and Negotiation. In case of Arbitration, the decision is usually presided by an arbitrator who
acts as a judge. In case of arbitration, the decision is final and bound by the parties. Mediation
states that the third party or a mediator usually solves the dispute and the nature of the
decision is such that it is not considered to be binding. Conciliation is termed as the voluntary
proceeding in which the parties can discuss the disputes freely (Ionescu, 2015). Negotiation
involves the negotiating terms of disputes in the presence of a third party. The concept of
minimalist planning involves simple and casual lines that will enhance the minimal concept
of architecture. Instrumental planning is influenced from the historical events that consist of
representation of urban planning. The purpose of incremental planning is to develop solutions
to all such problems that arise from process of planning which was observed in the case of
Chesol Pty Ltd v Logan City Council [2007] QPEC 001.