Newbury principles

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:

1. It must be imposed for a planning purpose.
2. It must fairly and reasonably relate to the development for which permission is being given.
3. It must be reasonable.

In Australia, the Newbury principles are formally used only in the Land and Environment Court of New South Wales; therefore, the term is predominantly invoked for development consents only in that state.^[1] The Newbury test also remains in general application in the courts of New Zealand.^[2]

Notes

1. For example:
   • "245 Bobbin Head Road, Turramurra" (PDF). Ku-ring-gai Council. 15 November 2006. Retrieved 2007-05-14.
   • "40 Premier Street, Neutral Bay" (PDF). North Sydney Council. 27 November 2006. Retrieved 2007-05-14.
2. For example:"306 Jackson Street, Petone" (PDF). Hutt River Council. 21 February 2006. Retrieved 2007-05-14.

References

• David Farrier; Paul Stein (2006). The Environmental Law Handbook : Planning and Land Use in NSW, 4th Edition (4th ed.). Sydney: Redfern Legal Centre. pp. 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