1. Encyclopaedia/journal entries

 

The aim is to write five journal entries that demonstrate your understanding of key aspects of the legal framework, policy context and character of development control practice in England. Entries should be written in the third person in a clear and informative tone and should show evidence of suitable reading and thinking (references are not included in the word count but should be included at the end of each entry). You should imagine that you are writing an entry for an Encyclopaedia of Planning Law or similar publication.

 

The topics of the entries are::

 

1. Introduce The English system of development control, its key characteristics, perceived strengths and weaknesses. Credit will be given for evidence of relevant reading and identification of key aspects of the legal framework, legislation, policy documents and debates, as well as academic arguments (400-500 words).

 

2. Explain how decisions are made on applications for planning permission in England, you should draw on relevant legislation, legal judgements, and policy documents (400-500 words).

 

3. Explain the process for appealing against planning decisions and whether that benefits certain interests (400-500 words).

 

4. With reference to relevant legislation, case law and policy, explain how planning gain is captured in England. You should offer some judgement as to how fairly and effectively the current system operates. (400-500 words).

 

5. Explain what it meant by permitted development rights and why they are important for planning practice. Use one or more examples to examine the planning issues raised by permitted development rights (400-500 words).

 

Assessment criteria for the journals are as follows:

• Accuracy of explanation of relevant legal framework and procedures
• Quality of evaluation of relevant aspects of the system and their operation
• Clarity of expression within the given word limit
• Evidence of relevant reading and appropriate referencing

 

 

 

2. Essay/report

 

Write a 2000-2500 word essay/report on any of the following topics:

 

1. How might the legal process reinforce or complicate the goals and principles of planning?

 

2. How does the process for determining applications under the National Strategic Infrastructure Planning regime (introduced in the 2008 Act) differ from the usual process of determining planning applications? What are the potential implications for the rights of different interests to engage in planning decisions?

 

3. Compare the process of determining planning applications in the UK with that of another country. What are the relative strengths and limitations of the different systems?

 

4. Explain the processes for appealing against planning decisions. Are these processes fair for all those affected by planning decisions?

 

5. Discuss the arguments for and against third party rights of appeal.

 

6. Critically assess the rationale for, and implications of, recent changes in permitted development rights. You can focus on one or more specific examples e.g. office to residential, agricultural to residential.

 

7. Examine the role of the courts in the clarification of policy related to either five year land supply or neighbourhood planning.

 

8. When are decisions on planning applications taken by central government? Present the arguments for and against ministerial determination of planning applications. Your answer might draw on examples of ministerial determination of planning applications.

 

9. Assess the process of determining a planning application (of your choice) in terms of (a) the material considerations that are referenced in the officer report; and (b) the weighing up of different material considerations in the final decision and (if relevant) the inspector’s report if there was an appeal.

 

10. How has COVID-19 impacted on the process of determining planning applications? What issues do they raise about democratic accountability in development management and might some of the changes be beneficial?

 

The following assessment criteria will be used:

• Knowledge and understanding of the procedures and characteristics of UK development control
• The clarity and structure of your essay/report (NB. this should not be an academic essay but a consultancy report and should be structured as such)

 

Feedback on assessed work will be given in the form of a comment sheet, which will indicate the main strengths and weaknesses of the work, and highlight ways in which performance can be improved.  In accordance with the University’s Principles of Assessment, students will normally receive written feedback on coursework within 3 weeks of final submission, and you will be given the opportunity to discuss this with the Module Coordinator.

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