| 词条 | Newbury principles |
| 释义 |
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,[1] contains the following three principles when considering the reasonableness of imposing conditions on consents:
The Newbury principles are applied in Australia, and have been cited by courts in New South Wales and Western Australia.[2][3] The Newbury test also remains in general application in the courts of New Zealand.[4] Notes1. ^Newbury District Council v Secretary of State for the Environment [1981] AC 578. 2. ^LawCite records. 3. ^For example: *{{cite web | title =245 Bobbin Head Road, Turramurra | publisher =Ku-ring-gai Council | date =15 November 2006 | url =http://www.kmc.nsw.gov.au/resources/documents/rptomc5Dec06GB.02.pdf | accessdate = 2007-05-14 }}*{{cite web | title =40 Premier Street, Neutral Bay | publisher =North Sydney Council | date =27 November 2006 | url =http://www.northsydney.nsw.gov.au/resources/documents/PDS1051.pdf | accessdate = 2007-05-14 }}*{{cite AustLII|WASCA|181|2016|litigants=Reid v Western Australian Planning Commission |date=24 October 2016 |courtname=auto}}. 4. ^For example:{{cite web |title = 306 Jackson Street, Petone |publisher = Hutt River Council |date = 21 February 2006 |url = http://www.huttcity.info/council/about/governance/meetings/standing/operations-compliance/m114075281/reports/Hearingofapplicationforreviewofsubdivision306JacksonStreet.pdf |accessdate = 2007-05-14 |deadurl = yes |archiveurl = https://web.archive.org/web/20070928051727/http://www.huttcity.info/council/about/governance/meetings/standing/operations-compliance/m114075281/reports/Hearingofapplicationforreviewofsubdivision306JacksonStreet.pdf |archivedate = 28 September 2007 |df = }} References
| title = The Environmental Law Handbook : Planning and Land Use in NSW, 4th Edition | author = David Farrier |author2=Paul Stein | publisher = Redfern Legal Centre | location = Sydney | year = 2006 | edition= 4th | pages = 748 pages External links
1 : Urban planning |
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