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.
- 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, 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. For a topic outline on this subject see List of basic Australia topics. The Land and Environment Court of New South Wales is a Court established by legislation giving it exclusive jurisdiction to determine environmental development building and [1] The Newbury test also remains in general application in the courts of New Zealand. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island [2]
Notes
- ^ For example:
- 245 Bobbin Head Road, Turramurra. Ku-ring-gai Council (15 November 2006). Ku-ring-gai Council is a Local Government Area in the North Shore region of Sydney. Events 655 - Battle of Winwaed: Penda of Mercia is defeated by Oswiu of Northumbria. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Retrieved on 2007-05-14. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1264 - Battle of Lewes: Henry III of England is captured in France making Simon de Montfort the
- 40 Premier Street, Neutral Bay. North Sydney Council (27 November 2006). North Sydney Council is a Local Government Area on the North Shore of Sydney, in the state of New South Wales, Australia. Events 1095 - Pope Urban II declares the First Crusade at the Council of Clermont Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Retrieved on 2007-05-14. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1264 - Battle of Lewes: Henry III of England is captured in France making Simon de Montfort the
- ^ For example:306 Jackson Street, Petone. Hutt River Council (21 February 2006). Events 362 - Athanasius returns to Alexandria. 1245 - Thomas, the first known Bishop of Finland Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Retrieved on 2007-05-14. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1264 - Battle of Lewes: Henry III of England is captured in France making Simon de Montfort the
References
- David Farrier; Paul Stein (2006). The Environmental Law Handbook : Planning and Land Use in NSW, 4th Edition. Sydney: Redfern Legal Centre, 748 pages.
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
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic