Aims

This course will introduce students to the law of town and country planning, and to its use as a tool of environmental management. 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. 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 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.

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 and the Environment.

5. Access to Justice and the right of appeal.

5. An assessment of the effectiveness and role of planning law in environmental protection.

Teaching Rationale And Relationship

Lectures are used to introduce student to the key concepts in development planning and development control. Large group discussions for each topic will also provide a forum for student to discuss issues in greater depth and to develop subject specific and generic skills. The 5 x 1-hour pre-recorded lectures and 5 x 1 hour accompanying discussion sessions will be supplemented by a 2-hour Case Study exercise which allows students to practice their case analysis skills. 2 x 2 hour live lectures will provide an introduction to the course and assessment feed-forward information, which will be supplemented with a 1 x 2hr Essay preparation and Q&A session to enable students to ask questions relating to study skills and assessment. This will be followed by a 1 hour drop in session to answer additional essay preparation queries.

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 EU environmental law, using planning law as a paradigm example of environmental management.