Neoliberal Philosophy in Planning and Development Law

Environmental Law 1
ENVIROMENTAL LAW
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Environmental Law 2
Question to be answered: Planning and development law is dominated by a neoliberal
philosophy. Discuss.
Introduction
Neoliberal philosophy tends to advocate for minimal government intervention in the
development process as regard to land use planning. It emphasizes that land use planning
impedes the development activity of a nation; thus it is not favorable for investors. Contrary to
this idea, the impact of development on the natural environment is also a factor of consideration
on the global perspective ranging from the loss of biodiversity and the acknowledged results of
climate change. Majorly, the system of land planning is to focus on the best way to protect the
condition of the environment.
The process of environmental planning which works to enhance holistic development
with the full consideration of other sustainable development pillars such as economic, social, and
political and environment facilitates a sound judgment as regard land utilization. Environmental
planning, therefore, ensures a sustainable community with the vision to protect and conserve the
natural habitat. Plan coupled with development law operates to strengthen the means to achieve a
well sustainable environment. It is without a doubt that environmental laws and policies were
developed to enhance and protect certain sectors or a specific natural resource. On the same note,
some of the direction established to mitigate the impact of a particular environmental challenge
like the issue of climate change. All the processes of planning and development are to put into
consideration the already laid policies which are dealing with different natural resource
exploitation. For this reason, it is vivid to state that an instrument of environmental planning
should control development issues as regard to land use and planning either an erection or
demolition (Morris, 2017).

Environmental Law 3
These environmental planning instruments are development consent, and they include
compliance with the set standards which are pre-determined to check development. The
authorities certify the rules in control such as the Independent Planning Commission or the
Minister in charge. Some of the development projects may require environmental impact
assessment before their commencement by the public authority. For the consent authority to
allow for the move to take a course, the consideration of matters as regard to environmental
planning instrument, development control plan, and planning agreement had to adhere strictly to
the public interest (Plater, 2016).
There are other principles which aid to take a considerable step in making the sound
decision before any damage occurred to the environment. In such a situation, the precautionary
principle had the popularity among the rest and mostly applied to achieve appropriate
ecologically sustainable development. Even though most people accept it, the application and
meaning remain an issue among many people. The decisions of the courts worldwide on
environmentally sustainable development primarily depend on the precautionary principle. On
the case where the market model for carbon reduction used for planning to minimize the rise of
the level of carbon on the atmosphere, the guideline took the lead to provide a cost-effective
means to reduce the level of carbon in the atmosphere. However, the success of the law
dramatically relies heavily on the government effort to support its applicability (Studdert and
Glanville, 2017 p4).
The all process of carbon trading requires a functioning, reliable and a carbon market that
is effective and manages its permits through government regulation. Above all, an Emissions
Trading Scheme (ETS) together with regulatory matrix help in lowering the level of greenhouse
gas in the atmosphere. On the climate change perspective, moves to reduce the further impact on

Environmental Law 4
human beings and in this case, it follows subsidizing fossil fuels. Its attempt to check whether
through supporting fossil fuel goes contrary to the Agreement on Subsidies and Countervailing
Measures. For the case of Australia, the decision was mainly concerned with the political aspect
of providing subsidies alone without considering the environmental impact of the decision. For
this reason, Agreement on Subsidies and Countervailing Measures have proved not too useful in
addressing environmental concerns, and there should be reforms on the matter of subsidies.
There should be clearly defined standards followed by the governments giving attention to the
development and the issue of equity (Sheehan, 2018).
The confirmation in the matter of the environmental rule of law is that there is difficulty
to get access to justice as regard to environmental concerns. The efforts of the community groups
and the individuals in an attempt to challenge executive power alongside other barriers pose a
challenge to the proper access to environmental justice. The public institutions dealing with
environmental matters must gain full trust to achieve environmental justice. On the other hand,
where there is an increased gas exploration for development, water pollution became a
significant problem for the many people living around the coal seam gas plant. The issue of
water quality co-produced with the gas raised a further question. In the policy framework as
regard to coal seam gas and the government effort to manage aquifer recharge, there is a missing
link to have regulatory reforms to keep in check such projects (Schatz and Roger 2016, p35).
Also in the case study where the New South Wale Land and Environment Court made the
decision where the community members were seeking to have heritage and social housing within
the Millers Point contrary to the New South Wale Minister for Heritage opinion, the judgment of
the court was found to be unusual among the many examples of such cases. It took into account
several factors which had not been considered previously by other courts in the determination of