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Urban Development Law Essay Assignment

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This essay will compare the professions of urban planners and quantity surveyors and evaluate the registration processes imposed upon these two built environment professions. This essay will also advise in which profession registration is a more rigorous process. The specific points to be contrasted are the education requirements, registration process and any legislation that the occupations are governed by. Finally, this essay will identify which process is the most rigorous process and will describe which one of these professions is the most rigorous.

There is currently no strict legal definition of what establishes a profession (McEniery, 2015). Urban planners and quantity surveyors would be considered professions because a profession ‘would embrace the intellectual activity, or manual activity controlled by the intellectual skill of the operator, whereby services are offered to the public, usually though not inevitably of reward and requiring professional standards of competence, training and ethics, typically reinforced by some form of official accreditation accompanied by evidence of qualification’ (McEniery, 2015). A hallmark of professions is that they involve the application of both intellectual skill and special learning which is attained after study and application (McEniery, 2015). Another, definition of a professional is a ‘person who carries on an occupation in circumstances where courts judge the standard of care owed not by the test of the ordinary person, but by the standard of the ordinary skilled person exercising and professing the occupation’ (McEniery, 2015). Due to urban planners and quantity surveyors training and skills as well as owing a standard of care to their clients, urban planners and quantity surveyors would be considered professions. Planners are professionals who develop strategies and design the communities in which society lives, works and plays (Planners Institute of Australia (PIA), n.d.). Planners are required to balance the built and natural environment, community requirements, any cultural significance, and economic sustainability (PIA, n.d.). In turn, quantity surveyors, is a professional adviser to the construction industry (Australian Institute Quantity Surveying, n.d.). As advisers they estimate and construction costs, such as the feasibility of a project to overseeing the completion of a construction project (AIQS, n.d). After construction they may deal with tax depreciation schedules, replacement cost estimation, and, mediation and arbitration (AIQS, n.d.). The next paragraph will talk about urban planners and quantity surveyor’s qualification requirements.

The first similarity between urban planners and quantity surveyors is that they both require four years of education at university. To be qualified as an urban planner a person must complete a Page 2 of 5

Bachelor of Urban Development with a major in urban planning or to be qualified as a quantity surveyor you must complete a Bachelor of Urban Development with a major in quantity surveying. The second similarity is that after the required education has been completed, there are two Australian Institutes which are open to graduates of the respective courses. For planners there is the Australian Institute of Planners (PIA) and for Quantity Surveyors there is the Australian Institute of Quantity Surveyors (AIQS). The ability to work as a quantity surveyor and an urban planner only requires registration and not licencing requirements. The next paragraph will contrast the differences in registration processes.

Urban planners and quantity surveyors can both apply to their corresponding institutes for registration. Both planners and quantity surveyors are required to both be working in their relevant professions to be able to be eligible for registration. However, planners are required to commit to a continuing professional development plan, whereas quantity surveyors must not have breached of the AIQS Code of Conduct in the past five years. Planners can become a registered planner at the Australian Institute of Planners if they can demonstrate five years professional experience and assessment of competency against six key practice areas that cover the skills and knowledge of good planning (PIA, n.d.). Planners must also demonstrate their commitment to Continuing Professional Development (CPD) by completing a CPD Plan (PIA, n.d.). In contrast, the Application for Certified Quantity Surveyor (CQS) designation is available to AIQS Corporate Members who have not breached the Code of Conduct (AIQS, n.d.). CQS applicants must be currently working as a quantity surveyor. (AIQS, n.d.). CQS applicants must not have a verified breach of the AIQS Code of Conduct in the past five years (AIQS, n.d.). The next paragraph will talk about legislation concerning quantity surveyors and urban planners.

Interestingly, quantity surveyors must abide to a specific act which they are required to follow compared to urban planners that have no profession specific act. Quantity surveyors are required to abide by the Surveyors Act 2003 which was brought into fruition due to the Surveyors Board of Queensland requiring developing and implement competency frameworks (Surveyors Board of Queensland n.d). On the other hand, there is no urban planners Act per say, instead planners must abide by the Planning Act 2016. The purpose of the Planning Act 2016 is to establish an efficient, effective, transparent, integrated, coordinated, and accountable system of land use planning, including development assessment and any related matters that eases the achievement of ecological sustainability (Planning Act, 2016). The next paragraph will talk about which professions’ registration process is more rigorous and why. Page 3 of 5

Urban planning registration is more rigorous compared to a quantity surveyor registration process because urban planners must complete a CBD plan, whereas no such requirement is required of quantity surveyors. Only that quantity surveyors must not have a record of breaches to be able to be registered.

In conclusion, the purpose of this essay was to compare the rigorousness of licensing and registration of the two built environment professions; urban planners and quantity surveyors. A summary of the main similarities is that both urban planners and quantity surveyors owe a duty of care to their clients, both professions must complete a university degree and that both occupations must be currently working in their relevant professions to be able to apply to their matching institutes to be registered. The summary of the main differences is there is legislation that was created for quantity surveyors and not urban planners also the requirements become registered is different for each occupation.

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References Australian Institute of Quantity Surveyors. (n.d.). Become a QS. Retrieved from https://www.aiqs.com.au/imis/AIQS_Website/Careers_and_Education/Careers/Become_a_QS/AIQ S_Website/Careers___Education/Become_a_QS.aspx?hkey=b471502d-d981-4b70-af8c8f39012fbd58 B. McEniery. (2015). West Law. Retrieved from https://www-westlaw-comau.ezp01.library.qut.edu.au/maf/wlau/app/document?tocGuid=AUNZ_AU_ENCYCLO_TOC%7C %7CIce6aaa9813a711e38f45ebd1ab56cac9&parentguid=AUNZ_AU_ENCYCLO_TOC%7C %7CIce6aaa9313a711e38f45ebd1ab56cac9&epos=1&startChunk=1&tocDs=AUNZ_AU_ENCYC LO_TOC&endChunk=1&isTocNav=true&ipuser=true&docguid=Ice6aaa9d13a711e38f45ebd1ab56 cac9&resultType=list B. McEniery. (2015). West Law. Retrieved from https://www-westlaw-comau.ezp01.library.qut.edu.au/maf/wlau/app/document?tocGuid=AUNZ_AU_ENCYCLO_TOC%7C %7CIce6aaa9213a711e38f45ebd1ab56cac9&parentguid=AUNZ_AU_ENCYCLO_TOC%7C %7CIce6aaa9313a711e38f45ebd1ab56cac9&epos=1&startChunk=1&tocDs=AUNZ_AU_ENCYC LO_TOC&endChunk=1&isTocNav=true&ipuser=true&docguid=Ice6aaa9b13a711e38f45ebd1ab56 cac9&resultType=list B. McEniery. (2015). West Law. Retrieved from https://www-westlaw-comau.ezp01.library.qut.edu.au/maf/wlau/app/document?tocGuid=AUNZ_AU_ENCYCLO_TOC%7C %7CIce6aaa9613a711e38f45ebd1ab56cac9&parentguid=AUNZ_AU_ENCYCLO_TOC%7C %7CIce6aaa9313a711e38f45ebd1ab56cac9&epos=1&startChunk=1&tocDs=AUNZ_AU_ENCYC LO_TOC&endChunk=1&isTocNav=true&ipuser=true&docguid=Ice6aaa9713a711e38f45ebd1ab56 cac9&resultType=list Planning Institute of Australia. (2018). What is planning? Retrieved from https://www.planning.org.au/becomeaplanner

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