Newcastle University

Aims

This course will introduce students to the law of town and country planning, and to its use as a tool of environmental management. It will consider the law on development control, and the impact of environmental management techniques (such as EIA) and human rights legislation on the practice and law of planning.

The module will introduce students to development planning and development control. It will explore the uses of planning and development control as tools of environmental management, in particular through the concept of environmental impact assessment (“EIA”). The course will consider the mechanisms used in planning law to structure development and provide forward looking strategies for environmental protection, including the use of planning conditions, planning agreements and planning gain. The course will look at judicial interpretation of the provisions for development control, and the role of the courts in controlling public bodies in the exercise of their planning powers. It will consider the Human Rights Act 1998 and the role of human rights in development planning and in planning law.

Original Summary:

Outline Of Syllabus

1. Development plans and development control; the purposes of planning
2. The law of development control; “development” defined ;the need for planning permission.
3. Tools for environmental protection in planning – planning conditions, planning agreements
and planning gain
4. Human Rights, Planning and the Environment.
5. An assessment of the effectiveness and role of planning law in environmental protection

Teaching Rationale And Relationship

Lectures are used to introduce students to the key concepts in development planning and development control. The purpose of the seminars is to provide a forum for students to discuss issues in greater depth and to develop subject specific and generic skills.

Assessment Rationale And Relationship

•       Tests students ability to deal with complex legal concepts and their understanding of the role of planning law in implementing environmental protection
•       Tests students understanding of the problems of implementing EC environmental law, using planning law as a paradigm example of environmental management.