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ARBE6341 Property Law And Planning Legislation

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Course Code: ARBE6341
University: The University Of Newcastle

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Country: Australia

Question:

Prepare and submit a report with reference to planning legislation issues. The assignment examines the ability to analyse the planning procedures and control of the development process of residential and commercial properties.

Answer:

Introduction
This is a proposal to be submitted to the Lake Macquarie City Council for approval so as to establish and develop a site that encompasses a combination of commercial and retail activities, a high quality tourist facility as well as the provision of modern housing to the community. This proposal entails a mixed use, commercial, retail and eco-tourist facility. Lake Macquarie City Council has a 2020 strategy that has proposed a zoning that is a combination of both commercial and retail activities, high quality tourist facility and a housing unit (Powell, McMahon & Jones 2017, p. 17).
This plan developed by Lake Macquarie City Council has however not taken off as a result of opposition by the members of the surrounding community. However, this report proposes to develop the project following the concept of sustainable eco-tourist design that includes the option of rezoning the site so as to incorporate a combined mixed use development design as required by the council. When developed in such a manner, it is highly likely that the surrounding community would find the development plans desirable and advantageous and would not object to the said development plans (Haines, 2016, p. 18).
Site Analysis
Under the current Lake Macquarie City Council’s zoning, the proposed development plan is totally in line with the said current zoning regulations and the developer would do everything possible to ensure that the planned development complies with the current zoning regulations and requirements. The site, as demonstrated on the sketch includes a home based business centre, a commercial rental centre, a multi function community centre and a restaurant. The proposed development is for a combination of commercial and retail activities, a high quality tourist facility as well as the provision of modern housing. This type of development within Lake Macquarie City Council would have the greatest benefits ever seen within the council’s jurisdiction and will enable the local community to access employment and other numerous benefits to the local residents (YILDIRIM, 2016, p. 21). This site of development when complete will accord the local community with the following advantages;

Provision of local employment opportunities for the local residents as well as the promotion of the economic developments that is consistent with the LGA’s community and natural resources,
Ensuring sufficient supply of industrial land and commercial business park land which can also be diversified into several sizes so as to meet the needs of different users, and that there is availability of land that is reserved and suitable for commerce and manufacturing activities as opposed to private residences,
The promotion of business activities that generate employment opportunities.

Where the zoning includes a high quality tourist facility, section 5.13 of the LMLEP provides as discussed below:
The provisions of section 5.13 are meant to;

Ensure that the environmental and cultural values are maintained on such lands where the proposed development of eco-tourist activities is being conducted. In achieving this, the proposed development is designed in such a manner that all the existing natural resources, flora and fauna are preserved and not destroyed during the construction processes. The developer undertakes to preserve the natural resources and not to interfere in any way with the existing natural resources, the existing local plants and wildlife as well (Salter, 2015, p.27).
Ensure the provision of eco-tourist facilities designed in a manner that is sensitive and properly managed to ensure that such eco-tourist facilities have very minimal impact on the environment. There will be measures put in place to ensure that the eco-tourist activities and its effects such as noise pollution is prevented and/or minimized through the creation of a buffer zone and seclusion of the tourist centers from other places such as residential areas to greatly reduce noise pollution and interference with the local community.

The developer through this report would seek consent of the Council for purposes of the development that incorporates an eco-tourist facility (Grose, 2016, p. 13). The authority charged with giving consent for such development before giving any form of consent have to consider the following factors:

Whether the developer has demonstrated the nexus between the proposed development and the environmental, ecological and cultural values of the subject site of the proposed development. This is necessary to ensure that the proposed development plan does not interfere negatively with the already existing environmental. Ecological and cultural values of the proposed site. Consent will be denied where in its opinion; the council considers the proposed development plan injurious to the community and the local land use. In circumstances where the proposed development plan is declined for any reason, the proposed developer would have an opportunity to reconsider the proposal and resubmit the same to the council for approval after making good all the council’s reservations raised at the onset (Alterman, 2010, p. 51)
That the proposed development will be constructed, located, maintained and managed so as to minimize any impact on the environment and to fully conserve the said environment. This is necessary to ensure that the proposed development plan does not interfere negatively with the already existing environmental. Ecological and cultural values of the proposed site. Consent will be denied where in its opinion; the council considers the proposed development plan injurious to the community and the local land use.
The proposed development will enhance the cultural values and appreciation of the site. The proposed development through the eco-tourist site would enhance tourist activities within the council and additionally ensure that the already existing cultural values are preserved and not destroyed during the process of developing the proposed site.
The proposed development would when complete promote a positive outcome on the said environment and will not have any negative impact on the soil quality, heritage, watercourses and the natural fauna and flora. The developer has to take reasonable steps to demonstrate during the initial stages of seeking approvals that the proposed development plans and development would when complete promote a positive outcome on the said environment and will not have any negative impact on the soil quality, heritage, watercourses and the natural fauna and flora (Cervero, 2018, p. 22). 
The development site would be maintained in ensuring that there is continued protection of all the existing natural resources so as to contribute fully in the enhancement of the already existing natural environment;
That at all times during the development process, no wastes will be generated and where there is waste, it will be carefully and safely removed and disposed off. This is an undertaking by the developer to ensure that the proposed development plans does not cause or lead to both air, water, noise and any other form of pollution that may negatively affect the environment and the local residents.
The development will be located and designed in such a manner that avoids visibility above escarpments and ridgelines as well as watercourses. Intrusion of any kind shall be minimized and avoided through unique designs, the choice of color and landscaping;
That all the infrastructure connecting the site would be done with minimal or no modification to the environment. The infrastructure within and adjacent to the site should be developed through the application and use of modern technology so as to increase accessibility and provision of services as well as fast and efficient trade within Lake Macquarie City Council.
That where there are power and water systems to the site, the same should be provided by means of passive cooling and heating, use of renewable energy and efficient design of water services that are modern and should not be designed in such a way that it might cause any health hazards within and out of the proposed development site.
There should be an assurance that the proposed development does not in any way affect the existing agricultural activities and/or productivity of any adjoining land. The zoning is such that the site is demarcated and separated from the adjacent lands through modern access roads and there are very minimal chances that there would be interference with agricultural activities and/or productivity from all or any of the adjacent and adjoining lands (Jayaraman, Liuzzi,  Colapinto, & Malik, 2017, p. 11).
That the developer has complied with all the Council’s regulations that are aimed at ensuring that there is minimal impact on the environment during the development process. Some of the most pertinent matters to be considered in this respect include:

Vigorous measures be put in place to remove any form of threats of causing irreversible damage to the environment,
The maintenance of all the habitats,
The efficient use of water, energy and safe disposal of waste products
The identification and implementation of safe and effective mechanisms for the monitoring and reviewing the effects of the development on the natural environment,
The maintenance of improvements through an on-going basis that is in line with the ISO 14000 standards on management and quality.

Justification Of The Proposed Development Plan
The development proposal is a result of a strategic plan that is aimed at developing an environment that is accommodative to all the structures which entails a mixed use, commercial, retail and eco-tourist facility (Jadalhaq, 2017, p. 15). Under this development strategy, historical use of land and the natural resources will be preserved through adoption of a modern construction and development system that is designed to achieve the targeted objectives with minimal or no negative damage on the ecosystem. The proposed development plans is in line with the LMLEP 2014. The Commercial retail Centre would encompass and incorporate all the predominant uses including the handling of bulky goods, hardware, retail, vehicle repair and storage facilities (Levine & O’Brien, 2015, p. 69). However, there will be activities that are prohibited from being undertaken in the Commercial retail Centre. Such activities have a negative impact on the environment and include; timber yards and motor vehicle body repair parts (Huston, 2017, p.18).
So as to achieve the objectives of the Council in developing a modern all inclusive centre, this development proposal is a good idea that mirrors the dreams of the Council and will have a major impact within Lake Macquarie when supported and approved. In this development project, adequate resources will be invested so as to realize and establish appropriate land use in line with the Lifestyle strategy 2020. The zoning as planned is intended to ensure that the intended objective is achieved; it provides a wide range of land use within minimal or no adverse effect on the environment and the surrounding communities. This alone will make the community to support this project which is a lifetime life changing development initiative with the Council’s area of jurisdiction (Dratler & McJohn, 2017, p. 44).
Zoning Options
This proposal has given immense consideration to the rezoning plans of the development project so that the issues and objections raised by the local community are incorporated into the rezoning process. This project therefore adopts the IN1 and IN2 zoning since the two when adopted would allow and enable the provision and availability of a wide range of land uses as well as industrial activity including timber yards, motor vehicle body repair workshops and manufacturing (Gohar & Kondolf, 2016, p. 44)
However, this might prove to be untenable considering the fact that the site is adjacent to a residential area and the community residing and are proximate to the site would renew their objections on the same (Davy, 2016, p. 31).  Be that as it may, this proposal would adopt a zoning that minimizes on heavy industrial activity such as manufacturing so as to comply and take into consideration the concerns of the local community. When this is done successfully, the proposed development will be success both to the local community and the environment with its natural resources, flora and fauna. The developer prefers a zoning in line with B7 Business Park and E2 Environmental Conservation (Jourdan, & Strauss, 2015, p. 13).
This, when approved would take care of the environment and avoid any modification of the already existing natural resources as well as avoiding any form of interference with the local community. B7 Business park zoning would be isolated and separated away from the residential zones and as a result, it offers the opportunity to include other land use such as motor vehicle body repair workshops but in circumstances where in the opinion of the Council, the planned zoning is in conflict with B7 zoning objectives, the plan on inclusion of motor vehicle repair workshops will be dropped (Levine & O’Brien, 2015, p. 29).
Relationship To The Strategic Planning Framework
This development proposal is consistent with the all the actions and objectives of all the applicable regional as well as the sub-regional strategies. For instance, the Hunter Regional Plan (HRP) has set a good vision for the Hunter City Region so as to connect all the communities through the provision of employment, housing choices, services and amenities. This plan does encourage individuals to invest in diverse economies that promotes growth and innovation that is based in the centers throughout the Hunter Region. This proposal is therefore consistent with the strategic direction and aims of the HRP. This proposed development will go a long way in providing connection and growth to the service based industries and at the same time providing the continued supply of industrial land which extends to a supportive and regulatory environment especially for small businesses (Galloway, 2014, p. 34).
This proposal is also consistent with the Lake Macquarie Council local strategy plan. For instance, The Lifestyle 2030 Strategy (LS2030) which provides for a long-term direction meant for the development of the Council and is a land use strategy plan and a policy document on land use. All the strategic directions that are identified in the LS2030 strategy that describes all the desirable outcomes and other general intentions that the council seeks to ensure that there is sustainable development. This development proposal therefore aligns with the available commercial land that assists in generating business employment and all the future designs on development (Williams, 2017, p. 22). This proposed development is therefore consistent with the strategic directions and aims of the LS2030 such as:

Provision of local employment opportunities for the local residents as well as the promotion of the economic developments that is consistent with the LGA’s community and natural resources,
Ensuring sufficient supply of industrial land and commercial business park land which can also be diversified into several sizes so as to meet the needs of different users, and that there is availability of land that is reserved and suitable for commerce and manufacturing activities as opposed to private residences,
The promotion of business activities that generate employment opportunities.

Consistency With The State Environmental Planning Policies
This development proposal is consistent with the all the relevant State Environmental Planning Policies (SEPPs) as outlined below (Blumenthal, 2016, p. 20):

SEPP

Relevance

Implications

The state Environmental Planning Policy No. 33 – Hazardous and Offensive Development

Its aims at ensuring that the authority that gives consent is adequately informed to be able to assess all the applications lodged for development purposes so as to mitigate any potential hazards that might be associated with the proposed development project.

The SEPP is in line with the proposed development plans.
The proposed development plans intends to enable the local community enjoy a wide range of services.
The proposed development plan does not seek to have additional permission for the use of the site as timber yards which have been classified as a use which is harmful to the environment.
The developer has conducted preliminary analysis of hazards and the proposed development is in line with SEPP (Quick, Law, & Li, 2017, p. 79)

State Environmental Policy Planning on Infrastructure

Its aim is to ensure the existence of a planning regime that is consistent and aimed at delivering on the infrastructure as well as the provision of assessment and consultation.

This proposed development is in line with SEPP. The site is well connected and accessible through modern infrastructure such as water supply, roads, sewerage services and drainage.
All the road networks adjacent to the site have been earmarked for construction to benefit the site, the community and to facilitate fast and efficient movement of people, goods and services.

State Environmental Planning Policy No 55-Remediation of Land

This aims at promoting remediation of any contaminated land so as to reduce any risk of harm especially on the health of individuals

The research that has been conducted shows that there are no traces of contaminated listing under the EPA register, the Council’s listing of contamination or any of the contamination reports made to the council.

Consistency with applicable Ministerial Directions
This proposed development planned has been assessed against all the applicable Ministerial Directions (Lambin et al, 2014, p. 37). The assessment is as displayed in the following table.

Ministerial Direction

Objectives

Consistency/Comment

Business and Industrial Zones

Encourages the growth of employment in suitable and several locations
It also protects the employment, lands as well as the industrial zones
It also supports the viability of all the identified centers

This development proposal is consistent with this direction and therefore, it will lead to a continued business activity and provide room for expansion of the already existing businesses

Mining, Extraction Industries and Production of Petrol and Petroleum products

It ensures that extraction of the existing reserves of coal as well as other minerals such as petroleum. It also ensures that all the existing extractive materials do not become compromised by any inappropriate development plans.

The proposed development plan has an industrial park that is secluded and will be maintained to ensure that the extraction activities do not interfere with the environment’s natural flora and fauna.

Environment Protection Zones

It ensures the conservation and protection all the areas that are environmentally sensitive

The proposed development plan is consistent with the direction and therefore, all future plans will have to comply and be in line with all the relevant and existing local development controls.

Heritage Conservation

Its objective is to ensure the that there is conservation of items, objects, areas and places that are of environmental importance as well as all the indigenous heritage significance

The proposed development plan is consistent with the heritage conservation.

Residential zones

It encourages a variety as well as choice of housing development plans that take into account both the current and future housing needs within the Council
It ensures the efficient use of the entire existing infrastructure as well as services. It also ensures that all the new housing units posses all the necessary and appropriate access to services and infrastructure
It also ensures that there is minimal impact of establishment of the residential units and their development on the environment and other existing natural resources

The proposed development plan is consistent with the Ministerial Direction on Residential Zones

Environmental, Economic and Social Impact
The proposed development will not have any negative effect on the existing habitat, species, ecological communities and populations. This development proposal would ensure the current land uses are not interrupted and continue. It would also ensure that there is expansion within the site that translates into expansion and redevelopment. The proposed development consists of a home based business, commercial retail centre, multi function community centre and a restaurant. Therefore, there is no likelihood that any existing species, flora and fauna would be affected during the implementation of this proposed development plan. The proposed development plan would not have any environmental effects (Cullingworth, 2002, p. 77). 
This proposed development plan has several advantages especially on the economic and social status and development. The development would ensure that land use is not injurious or pose any negative effect on the environment or on the other hand pose negative threats to the environment. The land use would be advantageous as it creates employment opportunities and services to the local community. There are also plans under consideration to mitigate any effects of pollution and noise to the local community who reside in the neighborhood (Shanableh et al, 2018, p.32)
The Interest of the State
The proposed development plan has provided for adequate and expansive public infrastructure as can be seen from the sketch. This proposed development is therefore reasonable when considered against the current land uses adjacent to the site of the proposed development. All the future expansion, alteration and developments on the already existing land uses would therefore require this form of development being proposed to provide a modern site for the people of Lake Macquarie City Council (Pirasteh & Li, 2017, p. 14).
Consultation with the Community
This proposed development plan will be placed on an exhibition which is open to the public as soon as it is approved by the Council. The exhibition will contain supporting information and data that will enable the local residents to fully understand the nature of the proposed development plan as well as the advantages that the locals would derive from a completed development plan as envisaged in the sketch plans (Hu, 2017, p. 19). Any suggestions from the local community would be received in form of written memorandum which after careful study, would be incorporated into the proposed development plan so as to ensure that the interests of all parties and stakeholders is guaranteed and catered for.
Where any of the proposals made by members of the public are not taken into consideration on the proposed development plan, reasons will be given for the non consideration (Percival, Schroeder,  Miller & Leape, 2017, p. 12). This would ensure that the members of the local community feel engaged and incorporated in all the development plans within Lake Macquarie City Council. The development proposal plan also provides for employment of both skilled and unskilled members of the local community in all the development processes of the site. This would make them feel part and parcel of the proposed development plans and as a result, there would be no opposition on the proposal as had been witnessed before with the previous proposed development plans (Perin, 2014, p. 43). 
Proposed Timelines for the Project
This proposed development project is projected to begin three months after it has been approved and has obtained all the consents and approvals from all the relevant authorities and Lake Macquarie City Council. The approvals and consents would also include government agency consultations. Prior to the commencement of the proposed project, the following activities will precede the commencement of the development:

Completion of all the required technical information
Completion of consultations with all the relevant government agencies
Successful public exhibition
Conducting public hearings on the proposed development plans
Considerations after public hearings and consultation
Submissions to the relevant department to make finale approvals and to finalize on LEP.

All these development stages and process including the actual construction and completion of the site is projected to last for a period of up to ten years. This is however subject to availability of funds and financial aid from all the stakeholders and development partners. The developer has obtained security bonds and other assurances that the costs associated with the development of the site would go on as planned and at no point in time will it stall.
Conclusion
This proposed development plan is a very important milestone in Lake Macquarie City Council. After several proposals that have been abandoned as a result of resistance from the local community, this proposed development plan is a novel idea that has made improvements on earlier proposals and has incorporated all the concerns of the local residents and the council leading to the abandonment of the planned development (Wiedmann,  Salama,  & Ibrahim, 2017, p. 13).
As has been demonstrated in this proposed development plan, this is an opportunity for the people and residents of Lake Macquarie City Council. The proposed development plan has the following advantages;

Provision of local employment opportunities for the local residents as well as the promotion of the economic developments that is consistent with the LGA’s community and natural resources,
Ensuring sufficient supply of industrial land and commercial business park land which can also be diversified into several sizes so as to meet the needs of different users, and that there is availability of land that is reserved and suitable for commerce and manufacturing activities as opposed to private residences,
The promotion of business activities that generate employment opportunities.

This is therefore the most viable opportunity and policy document that will ensure development within Lake Macquarie City Council. The zoning as planned is intended to ensure that the intended objective is achieved; it provides a wide range of land use within minimal or no adverse effect on the environment and the surrounding communities (Asif, 2016, p. 66). This alone will make the community to support this project which is a lifetime life changing development initiative with the Council’s area of jurisdiction.
References
Alterman, R. (2010) Takings international: A comparative perspective on land use regulations and compensation rights. American Bar Association
Asif, M. (2016) Growth and sustainability trends in the buildings sector in the GCC region with particular reference to the KSA and UAE. Renewable and Sustainable Energy Reviews, 55, 1267-1273.
Blumenthal, P. M. (2016) Planning by Law and Property Rights Reconsidered
Cervero, R. (2018). America’s suburban centers: the land use-transportation link. Routledge
Cullingworth, J. B. (2002). The political culture of planning: American land use planning in comparative perspective. Routledge
Davy, B. (2016). Land policy: Planning and the spatial consequences of property. Routledge
Davy, B. (2016). Land policy: Planning and the spatial consequences of property. Routledge
Dratler Jr, J., & McJohn, S. M. (2017) Intellectual Property Law: Commercial, Creative and Industrial Property. Law Journal Press
Galloway, K. (2014) Planning Law Is Not Property: Sea Level Change in Queensland
Gohar, A., & Kondolf, G. M. (2016) Sustainable Tourism along the Red Sea: Still Possible?. Civil Engineering and Architecture, 4(2), 39-46
Grose, M. (2016) Construction Law in the United Arab Emirates and the Gulf John Wiley & Sons
Haines, A. (2016). Businesses rush to prepare for UAE VAT. International Tax Review
Hu, C. (2017, April). Research on the strategy of low-carbon urban planning based on residents’ living and consumption. In IOP Conference Series: Earth and Environmental Science (Vol. 61, No. 1, p. 012049). IOP Publishing
Huston, S. (Ed.). (2017) Smart Urban Regeneration: Visions, Institutions and Mechanisms for Real Estate. Routledge
Jadalhaq, I. M. (2017) Fundamentals of the Real Estate Legislative System and Its Impact on Sustainable Development: Dubai Case Study Arab Law Quarterly, 31(4), 388-410.
Jayaraman, R., Liuzzi, D., Colapinto, C., & Malik, T. (2017) A fuzzy goal programming model to analyze energy, environmental and sustainability goals of the United Arab Emirates Annals of Operations Research, 251(1-2), 255-270.
Jourdan, D., & Strauss, E. J. (2015) Planning for Wicked Problems: A Planner’s Guide to Land Use Law Routledge
Lambin, E. F., Meyfroidt, P., Rueda, X., Blackman, A., Börner, J., Cerutti, P. O. & Walker, N. F. (2014). Effectiveness and synergies of policy instruments for land use governance in tropical regions. Global Environmental Change, 28, 129-140
Levine, M. A., & O’Brien, W. (2015) Land Use Law: The Planning Perspective
Mandelker, D. R. (2014) Land use law LexisNexis
Percival, R. V., Schroeder, C. H., Miller, A. S., & Leape, J. P. (2017). Environmental regulation: Law, science, and policy. Wolters Kluwer Law & Business
Perin, C. (2014). Everything in its place: Social order and land use in America (Vol. 408). Princeton University Press
Powell, G., McMahon, S., & Jones, D. (2017) Aboriginal Voices and Inclusivity in Australian Land Use Country Planning KnE Engineering, 2(2), 30-36
Pirasteh, S., & Li, J. (Eds.) (2017) Global changes and natural disaster management: geo-information technologies Berlin: Springer
Powell, G., McMahon, S., & Jones, D. (2017) Aboriginal Voices and Inclusivity in Australian Land Use Country Planning KnE Engineering, 2(2), 30-36
Quick, M., Law, J., & Li, G. (2017) Time-varying relationships between land use and crime: A spatio-temporal analysis of small-area seasonal property crime trends. Environment and Planning B: Urban Analytics and City Science, 2399808317744779.
Salter, A. (2015) Political property rights and governance outcomes: a theory of the corporate polity
Shanableh, A., Al-Ruzouq, R., Yilmaz, A. G., Siddique, M., Merabtene, T., & Imteaz, M. A. (2018) Effects of Land Cover Change on Urban Floods and Rainwater Harvesting: A Case Study in Sharjah, UAE. Water, 10(5), 631
Selmi, D. P., Kushner, J. A., Ziegler, E. H., DiMento, J. F., & Echeverria, J. (2017). Land use regulation: cases and materials. Wolters Kluwer Law & Business
Williams, J. (2017) American Land Planning Law: Case and Materials, Volume 2. Routledge
Wiedmann, F., Salama, A. M., & Ibrahim, H. G. (2017) Planning for affordable housing as part of property-led development strategies in Gulf cities Transcending Boundaries: Global Flows and Spatial Justice: 49
YILDIRIM, A. E. (2016). The Changing Role of Urban Heritage: Governance and Stakeholders’ Perceptions in Turkey and the United Arab Emirates. METU Journal of the Faculty of Architecture, 32(1)

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TLAW202 Corporations Law
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Course Code: TLAW202
University: Top Education Institute

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Country: Australia

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If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …
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