By Philip Booth
ISBN-10: 0203402154
ISBN-13: 9780203402153
ISBN-10: 0203408608
ISBN-13: 9780203408605
ISBN-10: 0419244107
ISBN-13: 9780419244103
The British process of common improvement keep watch over celebrated its fiftieth anniversary in 1997. Remarkably, the method has survived roughly intact however the adventure of the Nineteen Eighties has left huge questions unanswered in regards to the relevance and effectiveness of the approach. This booklet lines the background of the advance keep an eye on process in Britain from early sleek instances to the current day
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Additional info for Planning by consent : the origins and nature of British developmental control
Sample text
By the twentieth century the technical capacity to control development was already available. The third way is in the development of appropriate fora for decisionmaking. Early control of the urban environment was largely autocratic with a heavy emphasis on adjudication in the event of dispute. Even in the Middle Ages, however, the beginnings of a corporate approach to control are evident with the mayor and alderman of the City of London holding a responsibility for applying regulations. And much later, we see some of the large landowners in the nineteenth century creating boards who would take responsibility for the terms in which leases would be renewed as a way of introducing consistency and objectivity in the decisionmaking process.
These could then be set against a developing body of judge made rules. The case-by-case approach which characterizes modern development control has its origins in the approach to defending property rights adopted by medieval courts. The significance of the Middle Ages for modern development control is essentially two-fold. It is a period in which the beginnings of regulatory control are to be found with the recognition that not all questions of nuisance were connected solely with disputes between neighbours.
Regulations on party walls were particularly detailed and required freeholders to give 1½ feet of land and to share the cost of building a wall 3 feet wide and 15 feet high. Relieving arches set into the wall had to be no more than 1 foot deep in order to allow for at least 1 foot of solid wall between adjoining properties. The Assize also made it possible for freeholders to construct a wall on his or her neighbour’s land if the neighbour was unwilling or unable to pay for it. Only freeholders could bring actions to court and the nuisance complained about must have caused damage.
Planning by consent : the origins and nature of British developmental control by Philip Booth
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