Newbury principles
Encyclopedia
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 (1981) contains the following three principles when considering the reasonableness of imposing conditions on consents.
In Australia
, the Newbury principles are only formally used in the Land and Environment Court of New South Wales, and therefore the term is predominantly only invoked for development consents in that state. The Newbury test also remains in general application in the courts of New Zealand
.
Urban planning
Urban planning incorporates areas such as economics, design, ecology, sociology, geography, law, political science, and statistics to guide and ensure the orderly development of settlements and communities....
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 (1981) contains the following three principles when considering the reasonableness of imposing conditions on consents.
- It must be imposed for a planning purpose.
- It must fairly and reasonably relate to the development for which permission is being given.
- It must be reasonable.
In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the Newbury principles are only formally used in the Land and Environment Court of New South Wales, and therefore the term is predominantly only invoked for development consents in that state. The Newbury test also remains in general application in the courts of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
.
External links
- Example invocation of the Newbury principles for a development application, Ku-ring-gai council report, Nov. 15, 2006.
- A more detailed example Report to the General Manager, North Sydney Council, Nov. 21., 2006.
- Woollahra Municipal Council - Conditions in development application consents