Droit de l'Aménagement, de l'Urbanisme et de l'Habitat 2007

Abstract

The article offers an overview of planning law in England and Wales and reflects on recent reforms of the Planning and Compulsory Purchase Act 2004. It begins by setting the law of town and country planning within the tradition of English common law, and demonstrates how that tradition has not only marked the character of statutory law but also the behaviour of the administration. The article then looks at the evolution of planning law from the passing of the first legislation in 1909 before setting out the fundamental principles enacted in the Town and Country Planning Act 1947. It notes how the Act was constructed around a concept of development rather than plans and regulations. The article then turns to the content of the current law of town planning. It notes the principal Acts, it outlines the most important elements of secondary legislation, and considers the distinction between law and policy which is central to the system. It presents the hierarchy of plans and the mechanisms of controlling development ; it notes the roles of actors within the system. It concludes by commenting on recent reforms of planning law and in particular on the Barker review of land use planning, published in December 2006.