Planning and Environmental Protection: A Review of Law and by Chris Miller

By Chris Miller

This selection of essays examines the jobs which land use making plans can play within the security of our surroundings. the topics lined variety from conventional matters like toxins, nuisance and infected land to biodiversity and the pursuit of sustainable improvement, which types the defining component of present environmental coverage around the ecu neighborhood and in so much different constructed economies. Environmental review is mentioned, in addition to the succession of public legislation activities (Twyford Down incorporated) through environmental activists which have been essential to persuade the English courts of the entire implications (and the "direct effect") of the EC Directive 85/337. The later chapters develop into more and more enthusiastic about the making plans process because the discussion board of negotiation and extra participatory techniques (as certain from monetary tools and command and keep watch over law) to encouraging sustainability. The members symbolize a number of educational disciplines (law, geography, making plans, environmental administration) supplying complementary insights into the planner's position in allocating land makes use of which will reduce waste iteration and effort intake in addition to maximizing neighborhood amenity.

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Such approaches, she suggests, could reduce the conflict which is often seen as inherent in planning (see below). A similar optimism is present in Marvin and Guy’s chapter, which extends the discussion of sustainability into (water, waste, transport and energy) infrastructures. They contrast management of demand with the supply-side orientation prevailing during the period of public ownership of the utilities. Demand management, they argue, holds the promise of developers, planners and providers negotiating more sustainable arrangements tailored to the particular needs of the development.

Unavoidably, this involves quite a large measure of subjectivity, since equally well-informed commentators are likely to reach different conclusions about Town and Country Planning and Water Quality Planning 21 which parts of a subject area are properly identified as ‘key principles’ and which are to be relegated to ‘matters of detail’. Nonetheless, for any progress to be made, some judgement has to be exercised, even if it is not likely to be met with universal endorsement. It is, tentatively, proposed, therefore, that the following may be treated as the axioms of town and country planning law: (1) (2) (3) (4) (5) (6) (7) (8) the Executive Responsibility Principle; the Plan Formulation Responsibility; the Development Definition; the De Minimis Exception; the Authorisation Principle; the Consultation Obligation; the Materiality Principle; and the Determination Principle.

Wednesbury Corporation [1948] 1 KB 223, [1947] 2 All ER 680. 19 As might Berkeley v. Secretary of State for the Environment [2000] 3 All ER 897 (HL) in which their Lordships held that an environmental statement must be submitted even though it is unlikely to influence a decision-maker, who already has all the relevant information but in a different form. 17 The Environmental Roles of Town and Country Planning 13 The right to enjoy one’s property without interference from noise, odour and fumes from adjoining land is protected by the ancient tort of nuisance, from which modern environmental law is descended.

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