The Newbury Principles collectively refer to an urban planning guideline stating that decisions should be made based only on the planning considerations relevant to the current development, even if the consideration of ulterior purposes may lead to a greater public good. In practice, the principles are used as a test to verify the validity of conditions to be imposed by a planning authority.
Specifically, the decision of the House of Lords in Newbury District Council v Secretary of State for the Environment, [1] contains the following three principles when considering the reasonableness of imposing conditions on consents:
The Newbury principles are applied in Australia, and have been cited by courts in New South Wales and Western Australia. [2] [3] The Newbury test also remains in general application in the courts of New Zealand. [4]
The power to impose conditions on development consent in NSW derives from the heads of consideration under S.4.15 of the EP & A Act 1979 (formerly S.79C) and S.4.17 of this Act. The purpose of these provisions is to provide for the various effects of a development consent which commonly arise in the assessment of development applications.
In specific instances it will be for conditions to be explicitly worded by assessment staff to deal with specific issues of impact or ongoing management. To satisfy the Newbury Principles in all such conditions must:
It remains the responsibility of Councils to ensure that conditions are imposed having appropriate regard for key planning principles, as contained within relevant planning policies and which do not unreasonably burden the consent holder. In all instances the assessment officers must have regard for the contents of the development application at hand and the requirements of the EP&A Act and the Regulations to ensure that the development will meet legislative requirements.
Negligence is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.
Planning permission in the United Kingdom is the planning permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building, but will also need "planning title" or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new "development" has required planning permission.
Ku-ring-gai Council is a local government area in Northern Sydney, in the state of New South Wales, Australia. The area is named after a fictional Aboriginal Language Group.
The North Shore is a region within Northern Sydney, in New South Wales, Australia, generally referring to suburbs located on the northern side of Sydney Harbour up to Wahroonga, and suburbs between Middle Harbour and the Lane Cove River.
The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zealand's Ministry for the Environment describes the RMA as New Zealand's principal legislation for environmental management.
Caparo Industries PLC v Dickman[1990] UKHL 2 is a leading English tort law case on the test for a duty of care. The House of Lords, following the Court of Appeal, set out a "three-fold test". In order for a duty of care to arise in negligence:
A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act. Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans. Any activities that are not permitted by the RMA, or by a rule in a plan, require a resource consent before they are carried out.
Development Management, formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account. The term "development management" is often abbreviated to DM.
The law of contract in Australia is similar to other Anglo-American common law jurisdictions.
Lion Island is an island that is located at the mouth to the Hawkesbury River in Broken Bay on the Central Coast of the state of New South Wales, Australia. The island is located just off Pearl Beach and is part of the Central Coast Council local government area. It is a descriptive name because it resembles a Sphinx, a mythical figure of a crouching lion.
R v Barger is a 1908 High Court of Australia case where the majority held that the taxation power could not be used by the Australian Parliament to indirectly regulate the working conditions of workers. In this case, an excise tariff was imposed on manufacturers, with an exemption being available for those who paid "fair and reasonable" wages to their employees.
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
Rofe Park is a bushland reserve in New South Wales, Australia. It has a heritage listing of local significance.
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date, and the activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty.
The Environmental Defender's Office (NSW) in Sydney, New South Wales, was one of nine EDO offices located across Australia, formerly known as the Australian Network of EDOs (ANEDO).
The local government areas (LGA) of New South Wales are the third tier of government in the Australian state. Under the Local Government Act 1993 (NSW) they can manage their own affairs to the extent permitted by the legislation. They may be designated as cities or otherwise as areas, though the latter units may choose to use titles that had distinctions under older forms of the act. The smallest local government by area in the state is the Municipality of Hunter's Hill 5.7 km2 (2.2 sq mi) and the largest by area is Central Darling Shire Council 53,492 km2 (20,653 sq mi). There are 129 local government areas in the state as of December 2022.
Urban planning in Australia has a significant role to play in ensuring the future sustainability of Australian cities. Australia is one of the most highly urbanised societies in the world. Continued population growth in Australian cities is placing increasing pressure on infrastructure, such as public transport and roadways, energy, air and water systems within the urban environment.
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
The Data Protection Act, 2012 is legislation enacted by the Parliament of the Republic of Ghana to protect the privacy and personal data of individuals. It regulates the process personal information is acquired, kept, used or disclosed by data controllers and data processors by requiring compliance with certain data protection principles. Non compliance with provisions of the Act may attract either civil liability, or criminal sanctions, or both, depending on the nature of the infraction. The Act also establishes a Data Protection Commission, which is mandated to ensure compliance with its provisions, as well as maintain the Data Protection Register.
The Threatened Species Conservation Act 1995 (TSC Act) was enacted by the Parliament of New South Wales in 1995 to protect threatened species, populations and ecological communities in NSW. In 2016 it was replaced by the Biodiversity Conservation Act 2016. These acts form the basis and the mechanisms in NSW by which species, populations and ecological communities are declared endangered, vulnerable or critically endangered, and under which people and corporations are prosecuted for destruction of habitat sheltering such species, populations or communities.