Revisiting the Ideologies of Planning Law: Private Property, Public Interest and Public Participation in the Legal Framework of England and Wales

Adshead, JD (2014) Revisiting the Ideologies of Planning Law: Private Property, Public Interest and Public Participation in the Legal Framework of England and Wales. International Journal of Law in the Built Environment, 6 (1/2). pp. 174-193. ISSN 1756-1450

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Abstract

Purpose ‐ The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day planning law in England and Wales in order to assess the balance between these ideologies today. Design/methodology/approach ‐ In order to achieve this, the philosophical and theoretical foundations of the respective legal ideologies are revisited. The approach that follows is a mixed doctrinal and socio-legal one. The content of the law in certain key areas is established and then analysed against the framework of McAuslan's ideologies in order to establish the social context balance of the law. Findings ‐ The paper concludes that, despite much change in law and policy, the balance between the three competing ideologies in the area of development control in the planning regime of England and Wales remains similar to that in 1980. Research limitations/implications ‐ For publication as a research paper, the scope of the examination was necessarily restricted. Certain areas scrutinised by McAuslan are of less relevance today, but, nonetheless, there is clearly scope to revisit some of the other aspects of planning law considered in 1980 and, indeed, to expand the scope of analysis to other areas of environmental law. Originality/value ‐ The paper takes a framework of legal ideologies that was proposed over 30 years ago and applies it to elements of the modern-day planning regime. The paper will be of value to both legal academics and those in the town planning discipline.