Private and public planning: Implications for legal processes

Research output: Contribution to journalReview articleResearchpeer-review

2 Citations (Scopus)

Abstract

The pnvate focus of restrictive covenants and public focus of planning schemes may result in a conflict causing land to be unable to be developed for any purpose. This article discusses primarily in regard to the Victorian and Queensland jurisdictions the approach taken by the legislature to deal with this conflict. This review indicates that in the resolution of the conflict the courts have tended to favour private over public interest. Any attempt to arm the court system with the ability to favour public over private interest must involve attention to requirements of notice and compensation while ensuring that the adjudicating body is well placed to make such an assessment.

Original languageEnglish
Pages (from-to)137-154
Number of pages18
JournalEnvironmental and Planning Law Journal
Volume11
Issue number2
Publication statusPublished - 1994

Fingerprint

legal process
planning
public interest
jurisdiction
ability
conflict
public
court

Cite this

@article{b13d5e89b46848348ce187dd0bf734c8,
title = "Private and public planning: Implications for legal processes",
abstract = "The pnvate focus of restrictive covenants and public focus of planning schemes may result in a conflict causing land to be unable to be developed for any purpose. This article discusses primarily in regard to the Victorian and Queensland jurisdictions the approach taken by the legislature to deal with this conflict. This review indicates that in the resolution of the conflict the courts have tended to favour private over public interest. Any attempt to arm the court system with the ability to favour public over private interest must involve attention to requirements of notice and compensation while ensuring that the adjudicating body is well placed to make such an assessment.",
author = "Weir, {M. J.}",
year = "1994",
language = "English",
volume = "11",
pages = "137--154",
journal = "Environmental and Planning Law Journal",
issn = "0813-300X",
publisher = "Lawbook Co.",
number = "2",

}

Private and public planning : Implications for legal processes. / Weir, M. J.

In: Environmental and Planning Law Journal, Vol. 11, No. 2, 1994, p. 137-154.

Research output: Contribution to journalReview articleResearchpeer-review

TY - JOUR

T1 - Private and public planning

T2 - Implications for legal processes

AU - Weir, M. J.

PY - 1994

Y1 - 1994

N2 - The pnvate focus of restrictive covenants and public focus of planning schemes may result in a conflict causing land to be unable to be developed for any purpose. This article discusses primarily in regard to the Victorian and Queensland jurisdictions the approach taken by the legislature to deal with this conflict. This review indicates that in the resolution of the conflict the courts have tended to favour private over public interest. Any attempt to arm the court system with the ability to favour public over private interest must involve attention to requirements of notice and compensation while ensuring that the adjudicating body is well placed to make such an assessment.

AB - The pnvate focus of restrictive covenants and public focus of planning schemes may result in a conflict causing land to be unable to be developed for any purpose. This article discusses primarily in regard to the Victorian and Queensland jurisdictions the approach taken by the legislature to deal with this conflict. This review indicates that in the resolution of the conflict the courts have tended to favour private over public interest. Any attempt to arm the court system with the ability to favour public over private interest must involve attention to requirements of notice and compensation while ensuring that the adjudicating body is well placed to make such an assessment.

UR - http://www.scopus.com/inward/record.url?scp=84883856380&partnerID=8YFLogxK

M3 - Review article

VL - 11

SP - 137

EP - 154

JO - Environmental and Planning Law Journal

JF - Environmental and Planning Law Journal

SN - 0813-300X

IS - 2

ER -