Embracing relationality in planning law to help restructure relationships between people and land—a case from Australia

ABSTRACT This article explores the role of relationality in the context of planning law in New South Wales, Australia. Planning law plays an important role in structuring the relations between actors seeking to transform land and space, and those seeking to resist or at least restrain the proposed change and/or its effects. Overall, planning law is developer centric meaning that the interpretation and application of planning law influence the structure of relationships in ways that are weighted in favour of the interests of the developer(s). We argue that the emergence of different values that operate in tension with developer interests could precipitate a restructure of relations relevant to planning law. More precisely, we demonstrate how Salama v Northern Beaches Council, a decision delivered in 2020 by the Land and Environment Court of New South Wales regarding land use development, specifically seawalls in the coastal zone, forecasts a potential restructure of relations. The approval of the seawalls shows that relationality is relevant in evaluating change under planning law.

Authors

Publication Details

Journal
Journal of Environmental Law
Published
2025-09-03
DOI
https://doi.org/10.1093/jel/eqaf029
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Embracing relationality in planning law to help restructure relationships between people and land—a case from Australia

Peter J. Davies, Paul Govind
Journal of Environmental Law
Conflict of Laws and Jurisdiction
article

Embracing relationality in planning law to help restructure relationships between people and land—a case from Australia

Peter J. Davies, Paul Govind
article en

Abstract

ABSTRACT This article explores the role of relationality in the context of planning law in New South Wales, Australia. Planning law plays an important role in structuring the relations between actors seeking to transform land and space, and those seeking to resist or at least restrain the proposed change and/or its effects. Overall, planning law is developer centric meaning that the interpretation and application of planning law influence the structure of relationships in ways that are weighted in favour of the interests of the developer(s). We argue that the emergence of different values that operate in tension with developer interests could precipitate a restructure of relations relevant to planning law. More precisely, we demonstrate how Salama v Northern Beaches Council, a decision delivered in 2020 by the Land and Environment Court of New South Wales regarding land use development, specifically seawalls in the coastal zone, forecasts a potential restructure of relations. The approval of the seawalls shows that relationality is relevant in evaluating change under planning law.

Journal of Environmental LawVol. 37(3)
Openalex Percentile: Top 70%
Conflict of Laws and Jurisdiction
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.