Biodiversity Offsetting and the English Planning System: A Regulatory Analysis

2020 ◽  
Vol 32 (3) ◽  
pp. 529-557
Author(s):  
John Condon

Abstract Under the Environment Bill, the UK government plans to formally implement biodiversity offsetting in the English planning system as a way to reduce the impact of development on biodiversity. Certain developments will be required to achieve a ‘biodiversity gain’ through the use of developer contributions. This article provides a regulatory analysis, assessing whether the planning system supports the key requirements of biodiversity offsetting, most notably the need to protect biodiversity. The lens of contractual governance is used to spotlight problems with local planning authorities negotiating environmental objectives with developers when other planning objectives are also ‘on the table’. The wider planning system is also addressed, where it is argued that environmental objectives are undermined by a lack of central policy and coordination to regulate the decision-making of local planning authorities. The case is made for an ‘ecological’ approach to planning as means of more reliably protecting biodiversity through offsetting.

Author(s):  
Bob Colenutt

Book Abstract: Despite countless reports and Government policy announcements on the housing crisis over decades, the scale and depth of the crisis continues. Homelessness, shortages of social housing, rents and house prices continue rise year on year. The word affordability has become meaningless. Land landowners and housebuilders and property investors have made huge profits out of this crisis. This book focusing in examples from London and Northamptonshire examines the power of the ‘finance-housebuilding ’ complex arguing that this property lobby is the main blockage for change and reform. It explains why the housing and planning system has become increasingly dysfunctional over the last 40 years accelerating with the impact of the 2008 Crash. The book gives examples of how the property lobby has been highly effective in manipulating Government housing and planning policy for its own benefit, to the detriment of those in housing need. It shows how the housebuilders business model, backed by Government grants and subsidies, has played a central role in perpetuating the crisis. The property lobby has succeeded in diverting attention from themselves onto the town planning system which has been scapegoated for holding back new house building. The result is that the housing crisis and the power behind it is hard baked into the UK economy. It must be addressed by radical reform of the property, planning and finance system. Without these reforms homelessness, poor housing, and lack of affordability will continue indefinitely.


Author(s):  
Antonia Layard

This chapter draws on the example of the English planning system to examine the role of lawyers and planning law structures and judgements in shaping local decisions. It focuses, in particular, on the growing reliance on quantitative evidence in understanding urban problems, which have an impact on how cities are governed. The chapter shows how the calculative approach to viability illustrates the technocracy currently so prevalent in the English planning system. A reliance on numbers runs throughout the framework: in objective assessments of housing need, efficiency targets for local planning authorities, governance by statistics, and annual reports. It is viability assessments, however, that are so dominated by commercial calculative practices, particularly profit and loss.


European View ◽  
2019 ◽  
Vol 18 (2) ◽  
pp. 210-219
Author(s):  
Juha-Pekka Nurvala ◽  
Amelia Buckell

This article argues that media regulations on correcting incorrect articles are in dire need of reform due to technological and behavioural changes. By using case studies from the UK, the authors demonstrate the huge difference between the number of people who were reached by the original article before the Independent Press Standards Organisation (the regulator in the UK) ruled it incorrect and the number reached by the correction or corrected article. The authors argue that media regulations must be reformed to ensure that corrections reach the same people as the original incorrect article to avoid misinformation impacting peoples’ decision-making, and that reforms must include social media platforms and search engines.


1998 ◽  
Vol 16 (4) ◽  
pp. 379-394 ◽  
Author(s):  
A Hull ◽  
G Vigar

The authors examine the role of development plans in managing spatial change, The impact of the enhanced status of the development plan in the UK context is assessed with the aid of research material drawn from detailed case studies in Lancashire and Kent. Two governance ‘episodes’ are highlighted: a highly structured game within the mainstream planning system; and an innovative private-sector-led approach to planning for an area with the potential for rapid change. By means of these two illustrations the authors indicate the importance of the processes of development-plan preparation in the local context, the political tensions inherent to the land-use planning system in managing growth, and explore notions of plans being a store of local consensus about future spatial change.


2019 ◽  
Vol 2 (2) ◽  
pp. 101-116 ◽  
Author(s):  
Elisabeth M. Stephens ◽  
David J. Spiegelhalter ◽  
Ken Mylne ◽  
Mark Harrison

Abstract. To inform the way probabilistic forecasts would be displayed on their website, the UK Met Office ran an online game as a mass participation experiment to highlight the best methods of communicating uncertainty in rainfall and temperature forecasts, and to widen public engagement in uncertainty in weather forecasting. The game used a hypothetical “ice-cream seller” scenario and a randomized structure to test decision-making ability using different methods of representing uncertainty and to enable participants to experience being “lucky” or “unlucky” when the most likely forecast scenario did not occur. Data were collected on participant age, gender, educational attainment, and previous experience of environmental modelling. The large number of participants (n>8000) that played the game has led to the collation of a unique large dataset with which to compare the impact on the decision-making ability of different weather forecast presentation formats. This analysis demonstrates that within the game the provision of information regarding forecast uncertainty greatly improved decision-making ability and did not cause confusion in situations where providing the uncertainty added no further information.


2020 ◽  
pp. 175791392092442
Author(s):  
CL O’Malley ◽  
AA Lake ◽  
TG Townshend ◽  
HJ Moore

Background: The National Planning Policy Framework advocates the promotion of ‘healthy communities’. Controlling availability and accessibility of hot food takeaways is a strategy which the planning system may use to promote healthier environments. Under certain circumstances, for example, local authorities can reject applications for new hot food takeaways. However, these decisions are often subject to appeal. The National Planning Inspectorate decide appeals – by upholding or dismissing cases. The aim of this research is to explore and examine the National Planning Inspectorate’s decision-making. Methods: The appeals database finder was searched to identify hot food takeaway appeal cases. Thematic analysis of appeals data was carried out. Narrative synthesis provided an overview of the appeals process and explored factors that were seen to impact on the National Planning Inspectorate’s decision-making processes. Results: The database search identified 52 appeals cases. Results suggest there is little research in this area and the appeals process is opaque. There appears to be minimal evidence to support associations between the food environment and health and a lack of policy guidance to inform local planning decisions. Furthermore, this research has identified non-evidence-based factors that influence the National Planning Inspectorate’s decisions. Conclusion: Results from this research will provide public health officers, policy planners and development control planners with applied public health research knowledge from which they can draw upon to make sound decisions in evaluating evidence to ensure they are successfully equipped to deal with and defend hot food takeaway appeal cases.


Author(s):  
Stephen Kwamena Aikins

This chapter discusses the importance of leveraging information technology to link theory and practice of participatory planning. Citizen participation in urban planning and development processes is an important exercise that enriches community involvement in local planning decision-making. The advancement in Geographic Information Systems (GIS) and Planning Support Systems (PSS) technologies has provided the opportunity for planning agencies to adopt and facilitate participatory e-planning for improved decision-making. Despite this opportunity, studies show that a number of impediments to the widespread adoption these technologies exist. Drawing on the theoretical perspectives of planning, the literature on participatory planning and e-planning, as well as reviews of some existing technologies for supporting participatory planning practices, this chapter concludes that although a well designed participatory e-planning system could be an enabler for collaborative decision-making and help reduce tensions and conflicts that surround many urban development projects, the deliberative features of newer e-planning systems will have to be improved to move beyond general documented feedback, exploit the spatiality of the participatory environment, and allow more real-time dynamic consultation, if they are to be effective participatory tools.


2017 ◽  
Vol 32 (2) ◽  
pp. 129-149
Author(s):  
Ludi Simpson

Labour force forecasts are required by local planning, legally guided in the UK by regulations on land use. Methods of forecasting the labour force, and data available for UK practice, are reviewed here. A best strategy for sub-national forecasts of the labour supply is found empirically to involve an accurate national forecast with a local starting point. Key trends are the decreasing economic activity of young adults, the increasing activity of older adults and the impact of changing state pension age. However, there exists neither an acceptable national forecast of economic activity nor a standard approach to local forecasts. Software for implementation of sub-national forecasts is described, and six types of scenarios are listed to aid local planning, which reflect uncertainty about current trends and the impact of changes in policy. Research and development of forecasting the national and the local labour force is urgently needed.


Legal Studies ◽  
2015 ◽  
Vol 35 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Rachel J Cahill-O'Callaghan

It has long been argued that the Judicial Committee of the House of Lords, now the UK Supreme Court, is characterised by Justices who are white and male, with a public school and Oxbridge education. Despite continuous debate and reflection on the lack of diversity, by academics, government and the popular press, little has changed. These debates have centred on explicit diversity, overt characteristics that are easily codified and reflect how the judiciary is seen. Drawing on the psychological theory of decision making, this paper argues that judicial decisions are subject to tacit influences that are not limited to overt characteristics. Personal values serve as one such tacit influence on decision making. Personal values are formed by life experiences and reflect many of the characteristics identified within the explicit diversity debates. However, personal values are influenced by more than simple demographic variables. This paper uses the example of personal values to highlight the fact that despite the lack of explicit diversity, there is an element of tacit diversity in the Supreme Court, which is reflected in judicial decisions. The impact of these findings serves to extend the debates surrounding diversity, highlighting the limitation of debates centred on explicit diversity alone.


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