Planning and Environmental Protection: A Review of Law and Policy
Language: English
Pages: 288
ISBN: 1841131814
Format: PDF / Kindle (mobi) / ePub
This collection of essays examines the roles which land use planning can play in the protection of the environment. The subjects covered range from traditional concerns like pollution, nuisance and contaminated land to biodiversity and the pursuit of sustainable development, which forms the defining element of current environmental policy across the European Community and in most other developed economies. Environmental assessment is discussed, along with the succession of public law actions (Twyford Down included) by environmental activists which were necessary to convince the English courts of the full implications (and the "direct effect") of the EC Directive 85/337. The later chapters become progressively more concerned with the planning system as the forum of negotiation and more participatory approaches (as distinct from fiscal instruments and command and control regulation) to encouraging sustainability. The contributors represent a variety of academic disciplines (law, geography, planning, environmental management) offering complementary insights into the planner's role in allocating land uses so as to minimize waste generation and energy consumption as well as maximizing local amenity.
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enforcement notice appeal to the High Court was sufficient to ensure that Article 6(1) was not violated by the existing UK procedures. The limited ‘independence’ of the Planning Inspectorate and the executive was one of a number of concerns which led the government to commission a study, by Malcolm Grant, of the feasibility of a specialist environmental court for England and Wales. This innovation had been suggested earlier by the planning lawyer, Robert Carnwath (1992), and by Sir Harry (later,
role of architecture and property development in urban regeneration and the links between environmental building design and the provision of infrastructure services. Recent publications include: S. Guy and E. Shove, A Sociology of Energy, Buildings and the Environment: Constructing Knowledge, Designing Practice, (Routledge, London, 2000) and S. Guy, S. Marvin and T. Moss, Urban Infrastructure in Transition: Networks, Buildings, Plans (Earthscan, London, 2000). John Handley is Groundwork Professor
separately categorised. However classified, the role of the Environment Agency in the town and country planning system is of considerable significance. In relation to the formulation of development plans under the Town and Country Planning Act 1990, local planning authorities are under a duty to consult various bodies.57 This allows the Agency to comment upon the implications of a draft development plan in respect of any function exercised by it including pollution control. In relation to
whether it will prejudice the integrity of the site. Site integrity is the key concept applied by the regulations and PPG9. By this is meant ‘the coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat and/or the levels of populations of the species for which it was classified’ (DOE, 1994e, 17). The Nature Conservancy Council will advise on the technical aspects of the assessment, for example on the impact of landtake issues or hydrology.
672.................................................................................................27 Nitrate Sensitive Areas (Designation) Order 1990, 1990 SI 1013 ....................31 Planning (Control of Major Accident Hazards) Regulations 1999, 1999 SI 981...............................................................................................73 Table of Legislation xxvii Planning (Hazardous Substances) Regulations 1992, 1992 SI 656...................71 Protection of Water Against