similar cases will be treated similarly.16 Urban planning is more than anything
unequal, but this inequality must be justified during the planning process
and compensated when is executed to make effective the superior principle
of equality.17
Participation
The decisions should be explained intelligibly by the provision of reasons so
that persons affected by the decision, and perhaps the wider community, will
know why it has been made. Absent intelligibility in the decision, the first
four standards of legality, rationality, proportionality and fairness may be of
diminished practical effect because the capacity to judge compliance with
them and to seek review will be compromised.18
Participation is especially relevant when zoning and planning involves
indigenous communities or minorities. For instance, in Australia native
title rights and interests are recognized by the common law and are in part
protected by the Racial Discrimination Act.19 This means that every planning
decision must take into account the rights and interests of the indigenous
communities that are going to be affected, and that these communities must
be consulted.
Sustainable Development
At the heart of this principle is the idea of ensuring a better quality of life
for everyone, in the present and in the future.20 The United Nations defines
Sustainable Development as, “Development that meets the needs of the
present without compromising the ability of future generations to meet
their own needs.”21 Sustainable development is central to the economic,
environmental and social success of any country and in recent years it has
become the core principle underpinning planning worldwide.
Sustainable development has three overall goals: to meet the present and
future physical and social needs of the residents; to meet their economic
needs and enable economic growth; and to protect the ecosystem. Sustainable
16 Chief Justice Robert French AC, “Property, Planning and Human Rights.”
17 Almudena Fernández Carballal, “Urban qualification and rationality: Concerning the Sports City of
Real Madrid Football Club (Calificación urbanística y racionalidad. A propósito de la nueva Ciudad
Deportiva del Real Madrid, Club de Fútbol).”
18 Chief Justice Robert French AC, “Property, Planning and Human Rights.”
19 Ibid.
20 The sustainable development commission, Sustainable Communities and Sustainable Development. A
Review of the Sustainable Communities Plan.
21 United Nations, Report of the World Commission on Environment and Development.
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