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摘要
En 中文
The ‘new’ planning system introduced in England and Wales by the Planning and Compensation Act 1991 has focused attention on the role of the development plan as a ‘material consideration’. Debate currently under way by planning lawyers and policymakers is concentrated on whether the plan is an effective implementation tool. This paper, through a case-study, provides a consideration of the problems the ‘new’ planning system has sought to tackle and is one of the first pieces of research since the introduction of the 1991 Act to include an assessment of the effectiveness of the British planning policy framework. It has been found that the use in the planning appeals system of what are termed ‘material considerations’ provides a clear indication of the effectiveness of local planning policies and, simultaneously, allows for assessments to be made of both the development control and the forward planning functions of local planning authorities (LPAs). An analysis of planning inspectors' decision letters has been used in this paper to identify the principal considerations in appeal determinations, indicating for the LPA how its development plan policies are operating in practice. The analysis shows the degree to which local policies are ‘standing up’ at appeal against other material considerations, especially national policy guidance from the Secretary of State. It can be seen that the scope of the term ‘material considerations’ is problematic for LPAs, and the relationship between local policies and national advice as principal considerations in appeal cases has caused a great deal of uncertainty and ambiguity. Finally, suggestions are given as to how local planning procedures can be improved in development control decisionmaking in the future under the provisions of section 54A of the 1990 Town and Country Planning Act.
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