Publication: Law and disorder: permitted development rights and the loss of proportionate control
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Date
2015
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AESOP
Abstract
The Conservative led coalition government in the UK identified regulation management as a key priority and intended to simplify and address the complexity in the system. From the perspective of Development Management a paradox has emerged however; the more the Government attempts to simplify the decision making system and facilitate development, the more complex the system has become. This can be clearly seen in the manner in which the Permitted Development rights planning permission arrangements have been revised and the application of decision making mechanisms extended. This paper will explore how new Permitted Development rights have been created, existing rights extended (some permanently some temporarily), the prior approval process has increased in prominence and usage, and the use of Local Development Orders extended. The paper will present the impact of these changes, including the unintended consequences and potential to undermine the effective management of the built and natural environment, Issues of regulation density and complexity will be highlighted, together with how some of these changes are potentially disrupting the fundamental principle of proportionality and justified local planning authority intervention in the public interest.
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Book of proceedings: Annual AESOP Congress, Definite Space – Fuzzy Responsibility, Prague, 13-16th July, 2015
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