Law and disorder: Permitted development rights and the loss of proportionate control

Sheppard, Adam; Askew, Janet

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.

• Presentation Conference Type: Presentation / Talk
• Conference Name: AESOP 2015
• Start Date: Jul 14, 2015
• End Date: Jul 16, 2015
• Acceptance Date: Mar 16, 2015
• Publicly Available Date: Jun 6, 2019
• Peer Reviewed: Not Peer Reviewed
• Keywords: proportionality, state intervention, economic growth, public interest, social justice
• Public URL: https://uwe-repository.worktribe.com/output/837203
• Additional Information: Title of Conference or Conference Proceedings : AESOP 2015: Definite space – fuzzy responsibility