Knowing the Social in Urban Planning Law Decision-Making

Abstract

This article reflects an interest in how policy and law are used to develop models for more just and equitable city planning. Making use of a law in action rather than a law in books approach, the article draws on socio-legal scholarship and urban studies to consider knowledge formats for planning law decision-makers (PLDM) in relation to social and cultural impacts for proposals for significant land use and development. Of interest is how PLDM know about social and cultural impacts and what role their own social capital plays in regard to this knowledge. The place for social impact assessment (SIA), as a legal actor and knowledge instrument in the decision-making process is considered. Some models are suggested for how social facts, which carry a troubled history in common law jurisdictions, could be presented as evidence by the planning expert witness in courts and tribunals.