Local Government and Planning Law

Running Head: Local Government and Planning Law
Local Government and Planning Law
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Local Government and Planning Law
1. How is planning law an exercise in natural resource management?
Planning law provides a means for legal control over land use and also provides
opportunity for allocation of land to areas that are best suited for a certain activity. However,
since land planning and land use is not retrospective, much responsibility relies on land owners
to initiate and maintain regulations over their lands. Land law may only deal with making
propositions for changes on laws regarding change land use.
Land use planning statutes involve striking a balance between economic, environmental
and social needs of the community, to make sure that the demands of the rights of private land
owners are in harmony with the law, as well as the government policies.
The role of government in setting out policies and giving direction on the right of the
community to contribute into policy formulation is relative, as it depends with the level of the
cases at hand. Some private land owns tend to be strict when it comes to external policies
regarding their land use.
However, it is not possible to have every property owner set their rules and regulations
over use of their property. Land use and planning law will definitely help in ensuring that there is
there is good management of natural resources.
Furthermore, statutory land use planning statutory also allows for in-depth community
consultation, something which affords opportunity for the community’s involvement in
development of responses to the ongoing degradation of natural resources. This gives a basis for
responding to this situation so as to ensure that the rampant degradation does not lead to loss of
biodiversity.
2. What do you think are some of the challenges to current and
future protection of the environment?
Local government are poorly equipped and they cannot effectively respond to issues
arising in management of natural resource. Local government capacity is dependent on the size
of the council staff and their finances. Another challenge is that local government lack finances
to undertake management of natural resources appropriately. Additionally, the planning
processes implemented by the catchment management authority are discordant with the strategic
and statutory planning strategies implemented by the local government.

Local Government and Planning Law
3. Is planning and development law and policy over politicized?
Environmentalism today clearly looks back to the social movement origins that always
seeks for a clear political perspectives which include government actions and regulations.
However, much of what has come to be known as “modern environmental movement” have
become overactive in calling out for recognition by the government, thereby leading to much
politicisation of planning and development law.
4. At the commencement of this course, what role do you think
planning law may play in protecting the environment?
The planning law regulates the establishment of zones that land usage in geographic
areas. However zone categories have a wider scope, and would only a general land usage.
Additionally, planning law allows for many opportunities using the available controls for
management of natural resources. For example, Environmental Significance Overlay mandates
local governments to protect and manage natural resources and biodiversity, landslides and
erosion. Furthermore, planning law exists to prevent land degradation.
Week 2
1. Outline the relationship between planning instruments, zoning and
development assessment.
Local Environmental Planning guides the making of decisions for local government
management. This works through development assessment and zoning, which provides for a
framework for land use. Planning instruments are the main planning tools used to shape the
future of communities and also ensure that there is local development. In summary, planning
instruments, working through development assessments and zoning instruments are used foe
effecting land used.
2. What is the purpose of planning? Why is a theoretical framework
important?
Planning is an integral part for each local government. Proper planning is a guide to
development and protection of natural resources. This may include waterways and nature parks.

Local Government and Planning Law
A theoretical framework is important because it allows consent authorities and councils to effect
land management. Theoretical frameworks are developed by councils and are confirmed by
delegates for planning in the ministry of planning. .
3. Are we living in an era of neoliberal planning?
Yes we are. Planning from a modern perspective is concerned with formulation of
political and public decisions regarding land planning in a manner that is rational and consistent
with public interest. However, rational planning, looking at it from a modernist perspective has
always been challenged by the postmodernist perspective. More recently, the modernist panning
has also found a new enemy called neo liberal perspective. Neoliberalism has much to do with
planning in this age, and surely we are living in an era of neoliberal planning.
4. Is the direction of planning law and policy influenced by political ideology?
Yes it is. The planning law act requires that all local government areas be to be subject to
planning scheme statutes. Furthermore, planning schemes are subject to legislation and are
directly under the government in the Ministry of Planning. Political ideologies, in a number of
ways, influence planning law. Therefore, it is not an over-emphasis to conclude that political
ideologies influence planning law.
Week 3
1. What is the role of law in regulating planning?
Planning schemes requires provisions of law to allow for destroying or removal of
vegetation in cases whereby land is more than 0.4 hectares. For example the Mineral Resources
Development Act 1990. Planning schemes provide that all timber producing companies comply
with forest code practices as provided by the Natural Resources and Environment. Planning law
makes sure that all land use and activities related to environmental are regulated. Furthermore,
planning, either land use of environment related cannot be properly set out without law.
2. Why are environmental values important to decision making in the context of
planning and development law and policy?
Natural resources development has emerged to be an important factor in management of
natural resources. Environmental values are important when it comes to land usage and