The Courts' Minimalist Approach in Resolving Planning Disputes

UPL /AUPL Template for drafting your short essay answer
Note: Text that is underlined and shaded in should become a sub-heading in your essay.
FIRST, write out your essay question in full here: “The courts generally prefer to take a minimalist
approach to resolving planning disputes.” Do you agree?
Introduction In this essay I will argue that ....
For the purpose of undertaking minimalistic approach in order to resolve
planning disputes, the Courts are at the authority to apply the statutes of
planning law accordingly.
Definitions I define [any key term eg “sustainable development”] as [or to include].....
The concept of planning law which is a part of administrative law that has been
governing planners regarding planning, designing and controlling the physical
development of lands especially in the urban regions. The provisions of
planning law from the beginning has been dealing with laws and policies
relating to buildings, environmental factors, infrastructural development,
maintaining urban-rural relationships by conserving the heritage in the long
run.
Alternative Dispute Resolution can be referred to as the processes and
practices that are applied by the Courts for the purpose of taking a minimalist
approach in resolving planning disputes. In such cases, Arbitration and
Mediation are mostly used in resolving planning disputes.
OR The [issue /problem(s)]I will focus on are .....
 The dynamics of planning law.
 The legal statutes governing the functioning of planning law; its
development and application.
Key points The key points in my argument are:
1. Whether the nature of the approach is such that the planners would end up
adopting a minimalist, incremental or instrumental approach towards
planning?
2. The philosophy that could be applied by different stakeholders in planning.
Questions shall be raised regarding the validity of such philosophy.
3. The proper scope of resolving planning disputes.

Sub-heading one Write your first key point here....
Land -Use
State your first key point in one sentence here......
In Australia, the states and territories have developed legislation of its own
that has been governing the scope and functioning of land-use planning.
List the examples or evidence you will include to demonstrate your point.
 The matters involving land-use planning are not clearly depicted in the
Constitution of Australia however; there are no specific planning
matters that are solely reserved to the Commonwealth. This is due to
the reason that, Commonwealth has very limited jurisdiction over the
concept of land-use planning.
 Commonwealth plays significant role in the coordination of reform
initiatives. It has created favourable impact upon the states by
applying the administration of grants; most importantly in case of
large infrastructure projects.
 The Commonwealth has also administered the provisions of the
Environment Protection and Biodiversity Act, 1999 (Cth) (EPBCA) that
has been catering the protection and management of national
environmental issues.
 A number of statutes relating to land-use has been administered by
the State Government of Queensland. These statutes can be
categorized as the Coastal Protection and Management Act, 1995, the
Nature Conservation Act, 1992 and the State Development and Public
Works Organisation Act, 1971.
List your references for this paragraph here.....
1. Fünfgeld, H., & McEvoy, D. (2014). Frame divergence in climate change
adaptation policy: insights from Australian local government
planning. Environment and planning C: government and policy, 32(4),
603-622.
2. Head, B. W., & Alford, J. (2015). Wicked problems: Implications for
public policy and management. Administration & Society, 47(6), 711-
739.
3. Holden, M., Scerri, A., & Esfahani, A. H. (2015). Justifying
Redevelopment ‘Failures' Within Urban ‘Success Stories': Dispute,
Compromise, and a New Test of Urbanity. International Journal of
Urban and Regional Research, 39(3), 451-470.