Incoherence and Incompatibility in Planning Law
MetadataShow full item record
Lees, E., & Shepherd, E. (2015). Incoherence and Incompatibility in Planning Law. 7 111-126. https://doi.org/10.1108/IJLBE-07-2014-0019
Recent developments in planning law in England have produced a legal framework which relies upon localism and a presumption in favour of sustainable development. The former goal is achieved through the primacy given to a local development plan: the latter through the guidance in the National Planning Policy Framework. These obligations are internally incoherent, but they also produce incoherence when they operate simultaneously. This springs from a lack of commitment to any one understanding of the terms used, to the competing ideologies behind them, and to the scale and space within which these policies are to be given force. Planning policy conceals this lack of coherence by relying on reasonableness and balance to achieve practical and sensible outcomes. When this is brought into a legal context however, and rendered justiciable, the masking of the incoherence is no longer effective, and legal problems result. This paper discusses these legal problems and demonstrates this incoherence. Planning decision-makers are required, as a result of these difficulties, to reconcile the irreconcilable, and to operate in the face of an uncertain and unpredictable legal position.
External DOI: https://doi.org/10.1108/IJLBE-07-2014-0019
This record's URL: https://www.repository.cam.ac.uk/handle/1810/246158