The Hickman Principle
(a) With regard to the Hickman Principle or Hickman Approach.What is the common law origin of this? What are the key elements?
b) What relevance does Hickman have to local government and planning law in Australia? Identify as examples at least two statutory references
5. [15 marks] Consider:
Alison Ziller, The New South Wales Joint Expert Report Policy – reflections of an SIA practitioner (2016) 21 LGLJ 149
ABC Radio National, Law Report, Hot tubbing, 5 May 2009,
http://www.abc.net.au/radionational/programs/lawreport/hot-tubbing/3137260#transcript
Outline what is a ‘doorstop SIA’
Students need to identify:
The statutory basis for ‘SIA’
The reason for the use of ‘doorstop’
[1.5 marks]
What is a ‘JERP’
[1.5 marks]
What is ‘hot tubbing’
[2.0 marks]
d) Critically evaluate the use of JERPS and hot tubbing in assisting the NSWLEC to resolve planning disputes
Students need to identify:
how and when in the legal process the above procedures come into play
the advantages and disadvantages of these procedures
[10 marks]