Controlling Development: Certainty and Discretion in Europe, the USA and Hong Kong

Front Cover
Psychology Press, 1996 - 168 pages
"Based on a detailed exploration of development control in Britain and France, and supported by studies of the USA, Hong Kong, Germany and the Netherlands, Controlling development provides an authoritative treatment of one of the most important topics in planning studies, research and practice. Concentrating on the mechanisms of policy implementation, rather than its formulation, the book offers fresh and well informed perspectives that are firmly rooted in extensive empirical research." "Development control systems fall into two broad categories: discretionary, as in Britain, and regulatory, as in France and the USA. Whichever system is in place, the decision-makers face the same underlying issues - of certainty, of flexibility and discretion in responding to circumstance, and of accountability for decisions taken - which form the main themes of the book. The author looks at the way systems of control have developed their particular characteristics in relation to administrative and legal practice. He considers the particular emphases that each places on the need for certainty and the scope for flexibility, and what means exist for ensuring accountability. The book ends with some general conclusions about the questions that development control systems must address if they are to resolve the conflicts identified." "Intended primarily for undergraduate and postgraduate students of urban planning and property development, Controlling development will also interest researchers and practitioners in these fields and in such related subject areas as public administration and geography."--Jacket
 

Contents

Controlling development
1
The purposes of development control
3
Regulatory and discretionary control
5
Public action and private interest
7
Certainty flexibility and accountability
9
Britain
11
The 1947 Town and Country Planning Act
23
Reform under the Conservative government
29
The question of certainty
89
Certainty and the decisionmakers
96
Landowners and certainty
100
The rights of third parties
102
the need for certainty and the availability of certainty
105
Flexibility discretion and accountability
109
discretion accorded by law
117
the control of discretion
123

the development industry centrallocal relations and administrative law
35
France
41
The first planning legislation
50
Decentralization of planning powers
60
Zoning control in Europe the USA and Hong Kong
67
Development control in Europe
68
The USA and zoning ordinances
74
government as landlord
81
Conclusion
87
Flexibility in us and Hong Kong zoning plans
127
some conclusions
131
Accountability
133
some conclusions
141
Conclusion
143
Glossary
151
References
153
Index
161
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