SECTION 106, VIABILITY, AND THE DEPOLITICIZATION OF ENGLISH LAND VALUE CAPTURE POLICY

Chris Foye

doi:10.1111/1468-2427.13076

Abstract

AbstractIn England, when land is granted planning permission its value increases dramatically. Historically, the question of who is entitled to this ‘betterment value’ uplift has been one of the central debates in national politics. However, from the 1980s to 2008, betterment value capture policy became depoliticized. This article seeks to understand how that came about. Focusing on the parliamentary sphere, it proposes that depoliticization took place across three ‘faces’. First, economic interests: rising home‐ownership and the broader rentierization of the economy strengthened support for house price inflation and private property rights, thus shrinking the space for political debate around these issues. Second, institutions: under Section 106 and the viability regime, the governance of betterment value capture became fragmented, incorporating an array of unelected ‘experts’, models and rules which worked to reduce the discretion of elected local planning authorities. Third, discourse: from the 1980s onwards, the Labour Party's discourse around betterment value capture converged with that of the Conservative Party. This convergence was partly driven by ideational changes in the Labour Party and in the discipline of economics. Taken together, these three faces help explain why betterment value capture policy moved away from the realm of contestation and contingency and towards that of fate and necessity.

Highlights

Following the nationalization of development rights in the UK in 1947, it has been necessary for English landowners to apply to the state for permission to develop their land
If we extend our horizons beyond 2005 though, there is clear evidence of an emergent re-politicization
In terms of inputs, there is a strong argument that the rise of the ‘viability regime’ is closely associated with institutional depoliticization, in that local authority discretion was first constrained by the viability ceiling imposed by central government, and much of whatever discretion remained was delegated to consultants, their models, and the courts or the planning inspector

Summary

Introduction

Following the nationalization of development rights in the UK in 1947, it has been necessary for English landowners to apply to the state for permission to develop their land. The gradual emergence of a large home-owning majority and the rentierization of the economy realigned economic interests in support of house price inflation and strong private property rights, constraining the extent to which any Labour government could intervene to capture betterment value.

Results

Conclusion