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Planning Law Theory Notes

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Planning Law Theory Notes. Definition of Planning.


Hall et al - plan noun (thing) and verb (action). It can be both - plan for a new building is the hard copy of the plan and the guide to realising the intention to build it. Planning the second type (not process of physically creating plan) - it may but needn't include making the blueprints.

Evolution of Planning Law.


Hall - perceptions of the evil city were source of social evil, biological decline, and potential political insurrection. The bringing together of hundreds of rich, thousands of middle classes and millions of poor created a new set of social relationships and perspectives. [Thus requiring planning with all in mind, not just poor].


Pinder - talks of the 'restorative utopia' thinking in early 20th century. Idea that expansion could be done without the disorder associated with industrialism etc. Idea of garden landscapes.


Cullingworth et al - drawbacks of 1909 Act - central gov had no powers, it was optional for Las, no coordination. There were over 1400 LPAs but only 5% of England subject to operative schemes. When redevelopment post was required it became clear that centralised power was required, this came with 1947 Act.


Layard - why 2008 reform for large projects? - Business concerned with delays and bureaucracy of planning, 524 days Heathrow application. Pressure groups concerned with access to planning system. Government concerned with complexity, uncertainty, delays and lack off community engagement. Thus such large projects got own process.

Major Conceptual Themes.


Campbell and Fainstein - Development of Planning Debates - Early were comprehensive v. incremental planning, centralisation v. decentralisation, top down v. bottom up leadership...
The public interest is leitmotiv of planning debates and answer to each debate largely in that purpose of planning. As society develops planners must rethink public interest.

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