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.
The objective of Taking English Planning Law Scholarship Seriously is to create space for planning law scholarship in all of its variety, and for curiosity about law in all its complexity. The chapters reflect this diversity and complexity, 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).
Acknowledgements
List of abbreviations
List of Figures
Contributors
Abstracts
Table of legislation
Table of cases
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 A Fair Crack of the Whip? Complexity in Planning: Planning Inquiries and Legal Expertise
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
