Distributed for UCL Press
Taking English Planning Law Scholarship Seriously
Insight into planning law and its place within broader institutional and legal frameworks.
Planning is at the heart of the response to many of the significant challenges of our time, from the climate and environmental crises to social and economic inequalities. It is embedded in, as well as partially constituting, our democratic systems, so that the challenges of democratic decision-making in a complex society cannot be avoided when thinking about planning. Planning law raises some of the most fundamental questions faced by legal scholars, from the legitimacy of authority to the relationship between public and private rights and interests. And yet, planning law has been relatively neglected by legal scholars. This book helps rectify that by showcasing planning law scholarship in all of its variety and complexity. The chapters reflect this by covering a range of the objects of planning (from housing to energy to highways) and a multiplicity of planning tasks and tools (from compulsory purchase to contracting to planning inquiries).
Planning is at the heart of the response to many of the significant challenges of our time, from the climate and environmental crises to social and economic inequalities. It is embedded in, as well as partially constituting, our democratic systems, so that the challenges of democratic decision-making in a complex society cannot be avoided when thinking about planning. Planning law raises some of the most fundamental questions faced by legal scholars, from the legitimacy of authority to the relationship between public and private rights and interests. And yet, planning law has been relatively neglected by legal scholars. This book helps rectify that by showcasing planning law scholarship in all of its variety and complexity. The chapters reflect this by covering a range of the objects of planning (from housing to energy to highways) and a multiplicity of planning tasks and tools (from compulsory purchase to contracting to planning inquiries).
Table of Contents
List of figures
List of legislation
List of cases
List of abbreviations
List of contributors
Acknowledgements
Executive summaries
Part I: Introduction
1 The importance of taking English planning law scholarship seriously
Maria Lee
2 Introduction to English planning law
Maria Lee
Part II: Place Shaping, Place Framing
Introduction to Part Two
Carolyn Abbot and Maria Lee
3 Backstreet’s back alright: London’s LGBT + nightlife spaces and a queering of planning law and planning practices
Steven Vaughan and Brad Jessup
4 The highway: a right, a place or a resource?
Antonia Layard
5 Marine planning for sustainability: The role of the ecosystem approach
Margherita Pieraccini
Part III: Participation
Introduction to Part Three
Carolyn Abbot and Maria Lee
6 Place, participation and planning law in a time of climate change
Chiara Armeni
7 Planning inquiries and legal expertise: A fair crack of the whip?
Carolyn Abbot
Part IV: Time and Scale
Introduction to Part Four
Maria Lee and Carolyn Abbot
8 Futurescapes of planning law: Some preliminary thoughts on a timely encounter
Elen Stokes
9 Slippery scales in planning for housing
Maria Lee
Part V: Planning at the Intersections
Introduction to Part Five
Maria Lee and Carolyn Abbot
10 Contracting affordable housing delivery? Residential property development, Section 106 agreements and other contractual arrangements
Edward Mitchell
11 Embracing the unwanted guests at the Judicial Review party: Why administrative law scholars should take planning law seriously
Joanna Bell
12 Provoking McAuslan – Planning law and property rights
Kim Bouwer and Rachel Gimson
13 Concluding thoughts
Carolyn Abbot and Maria Lee
Index
List of legislation
List of cases
List of abbreviations
List of contributors
Acknowledgements
Executive summaries
Part I: Introduction
1 The importance of taking English planning law scholarship seriously
Maria Lee
2 Introduction to English planning law
Maria Lee
Part II: Place Shaping, Place Framing
Introduction to Part Two
Carolyn Abbot and Maria Lee
3 Backstreet’s back alright: London’s LGBT + nightlife spaces and a queering of planning law and planning practices
Steven Vaughan and Brad Jessup
4 The highway: a right, a place or a resource?
Antonia Layard
5 Marine planning for sustainability: The role of the ecosystem approach
Margherita Pieraccini
Part III: Participation
Introduction to Part Three
Carolyn Abbot and Maria Lee
6 Place, participation and planning law in a time of climate change
Chiara Armeni
7 Planning inquiries and legal expertise: A fair crack of the whip?
Carolyn Abbot
Part IV: Time and Scale
Introduction to Part Four
Maria Lee and Carolyn Abbot
8 Futurescapes of planning law: Some preliminary thoughts on a timely encounter
Elen Stokes
9 Slippery scales in planning for housing
Maria Lee
Part V: Planning at the Intersections
Introduction to Part Five
Maria Lee and Carolyn Abbot
10 Contracting affordable housing delivery? Residential property development, Section 106 agreements and other contractual arrangements
Edward Mitchell
11 Embracing the unwanted guests at the Judicial Review party: Why administrative law scholars should take planning law seriously
Joanna Bell
12 Provoking McAuslan – Planning law and property rights
Kim Bouwer and Rachel Gimson
13 Concluding thoughts
Carolyn Abbot and Maria Lee
Index