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To keep professionals up to speed with the major changes to Planning in NSW introduced by former Planning Minister the Hon Frank Sartor, NEERG ran a regulatory overhaul series in 2008 and 2009.Then led by Frank Sartor's successor as Planning Minister, the Hon Kristina Keneally, the anticipated rollout of the planning refor...
Six strategies for improving heritage planning
“I consider it is vital to attend these (NEERG) seminars regularly. Although one is involved in the profession on a daily basis, it is important to connect with a diverse range of colleagues and related professionals. The workshop sessions provided me with some very good feedback on the current values of the professio...
NEERG Seminars Pty Limited PO Box 636 T (02) 9387 1899 | NEW RULES / NEW ROLESWHAT IS EXPECTED OF EXPERTS IN THE LEC?The Land and Environment Court’s Chief Judge, the Hon Peter McClellan, opened the seminar by discussing the new rules he has introduced during the course of 2004. Focusing on simplifying the legal process and reducing merit appeal costs, the Court under McClellan has imported the best ideas from other jurisdictions and added its own twist. The changes have been ongoing – hence this second NEERG seminar focusing on the LEC within six months. Chief amongst the reforms has been the introduction of the single, “court-appointed expert” in place of competing experts called by each of the opposed parties. Having a court-appointed expert shifts the focus from the traditional adversarial approach to a readiness to achieve the optimum environmental outcome. Parties are encouraged to modify proposals, review issues to be litigated and, in many cases, abandon untenable actions. Both appellants and respondents have been forced to compromise in favour of the most appropriate outcome. With the use of the court-appointed expert have come other rule changes - commencing all merit cases on site on the morning of the first day, requiring respondent approval authorities to provide a Statement of Basic Facts, and changing the timetable for litigation. Further use is being made of mandatory expert conferences and the preparation of joint expert statements. Following the Chief Judge’s presentation, other speakers dealt with how the various parties to appeals need to adjust their methods and management of cases to the new rules. Barrister, Peter Tomasetti explained how to put a client’s case when there is a court-appointed expert. Lawyer, Mary-Lynne Taylor dealt with how to appoint experts and manage expert evidence. Transport consultant, Chris Hallam and engineer, Terry Wiesner discussed whether giving truly objective, concrete evidence is always feasible. Town planner, Nick Juradowitch explained how objective statements do not always provide the best evidence – sometimes a case demands a subjective opinion. The speakers were introduced by lawyer, Steven Klinger. His fellow NEERG director, architect and urban planner, Michael Neustein made the closing remarks. |
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