The EPRT post 2016 : has the leopard actually changed its spots?

Abstract

The 1992 Development and Planning act established the Planning Appeals Board as a quasi-judicial administrative Tribunal to have jurisdiction over planning matters subject to appeals to the Court of Appeal on points of law. The subsequent amendments and reforms in the years that followed have impacted the fundamental characteristics of the tribunal with regard to multiple facets of its composition and function. The latest of such major reforms to the planning forum in general was that in 2016. This dissertation addresses primarily the constituent elements of a what is expected from a planning and environmental tribunal such as the Environmental and Planning Review Tribunal (Hereinafter referred to as the EPRT). This is the fundamental point of analysis that will then take into account the EPRT specifically in its current form as well as its evolution throughout the years since its inception in 1992. This will therefore allow an analysis into the central issue into whether and how the EPRT, following the 2016 reform, has substantially changed and made any inroads with regards to the key characteristics discussed. The major reforms discussed are those of 1992, 2010 and the latest 2016 reform amongst other notable amendments in 1997 and 2001. The discussed characteristics are generally essential for judicial and quasi-judicial entities, the principles underlying them include the suitability of the composition in dealing with specific and specialised areas of law, the processes of appointment and security of tenure of members, the susceptibility to influence from external sources, the reach of jurisdiction and accessibility to parties of relevance amongst others.