About this Journal Submit a Manuscript Table of Contents
Urban Studies Research
Volume 2012 (2012), Article ID 378326, 14 pages
http://dx.doi.org/10.1155/2012/378326
Research Article

Conundrums in Conservation: Complexity in Control

1Planning and Local Government Group, Department of the Environment Millennium House, 17-25 Great Victoria Street, Belfast BT2 7BN, UK
2School of the Built Environment, University of Ulster, Jordanstown, Newtownabbey, Northern Ireland BT37 0QB, UK
3School of Law, Queen's University, Belfast BT7 1NN, UK
4School of Planning Architecture and Civil Engineering, Queen’s University Belfast, UK

Received 13 December 2011; Revised 2 May 2012; Accepted 7 May 2012

Academic Editor: Jianfa Shen

Copyright © 2012 Danielle Rush et al. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

Linked References

  1. D. Milichap, The Effective Enforcement of Planning Controls, Butterworths, London, UK, 1995.
  2. Department of the Environment, Investigation into Planning Enforcement, The Dobry Report, HMSO, London, UK, 1975.
  3. A. Prior, “Problems in the theory and practice of planning enforcement,” Planning Theory & Practice, vol. 1, pp. 53–69, 2000.
  4. S. Mckay, “Contravention and conformity in EIA: an investigation into regulatory compliance in Northern Ireland,” European Planning Studies, vol. 15, no. 1, pp. 87–105, 2007. View at Publisher · View at Google Scholar · View at Scopus
  5. S. McKay, “Sheriffs and outlaws: in pursuit of effective enforcement,” Town Planning Review, vol. 74, no. 4, pp. 423–445, 2003. View at Scopus
  6. R. Harkin, The role of enforcement in conservation in: Mourne Heritage Trust (Ed.) Jewels in the Crown or Albatrosses? The Proceedings of a conference in re-inventing Northern Ireland’s Conservation Areas (Belfast, UK, UAHS), 2001.
  7. B. Hutter, “The attractions of risk-based regulation: accounting for the emergence of risk ideas in regulation,” CARR Discussion paper 33, London School of Economics and Political Science, London, UK, 2005.
  8. R. Baldwin and J. Black, “Really responsive regulation,” Law Society and Economy Working Papers, 15/2007, LSE, London, UK, 2007.
  9. House of Commons, Northern Ireland Affairs Committee, First Report, The Planning System in N. Ireland, 1996.
  10. M. McEldowney, “Why Conservation?” in Jewels in the Crown or Albatrosses: Reinventing Northern Ireland's Conservation Areas, Mourne Heritage Trust, Ed., UAHS, Belfast, UK, 2001.
  11. “The Ancient Monuments Act,” OPSI, London, UK, 1882.
  12. “The Town and Country Planning Act,” HMSO, London, UK, 1944.
  13. “The Town and Country Planning Act,” HMSO, London, UK, 1967.
  14. B. Cullingworth and V. Nadin, Town and Country Planning in the UK, Routledge, London, UK, 14th edition, 2006.
  15. “The Civic Amenities Act,” OPSI, London, UK, 1967.
  16. “The Planning (Northern Ireland) Order,” HMSO, Belfast, UK, 1972.
  17. “The Town and Country Planning Act,” HMSO, London, UK, 1947.
  18. “The Planning and Compensation Act,” HMSO, London, UK, 1991.
  19. Shimizu UK Limited v Westminster City Council, 1997.
  20. Department for Communities and Local Government, Review of Planning Enforcement in England, DCLG Publications, Wetherby, UK, 2006.
  21. Department of the Environment (NI), “Reform of the Planning System in Northern Ireland: Your chance to influence change,” Consultation Paper, Planning Service, Belfast, UK, 2009.
  22. M. Purdue, “Reform of the enforcement of planning control: a forgotten cause?” Journal of Planning and Environment Law, vol. 4, pp. 434–449, 2008. View at Scopus
  23. R. Boyer and Y. Sallard, “A summary of regulation theory,” in Regulation Theory, The State of the Art, R. Boyer and Y. Sallard, Eds., Routledge, London, UK, 2001.
  24. G. L. A. Benko and A. Lipetz, What is Political Ecology? The Great Transformation of XXIst Century, 1998.
  25. B. Hutter and P. Sorenson, “Business adaption to legal regulation,” Law and Policy, vol. 15, pp. 69–78, 1993.
  26. P. C. Yeager, The Limits of the Law: the Public Regulation of Private Pollution, Cambridge University Press, Cambridge, UK, 1991.
  27. K. Parkhill, “Tensions between Scottish national policies for onshore wind energy and local dissatisfaction—insights from regulation theory,” European Environment, vol. 17, no. 5, pp. 307–320, 2007. View at Publisher · View at Google Scholar · View at Scopus
  28. W. C. Baer, “Toward design of regulations for the built environment,” Environment and Planning B, vol. 24, no. 1, pp. 37–57, 1997. View at Scopus
  29. H. Ingram and A. Schneider, “Improving implementation through framing smarter statutes,” Journal of Public Policy, vol. 101, pp. 67–88, 1990.
  30. G. Wood and J. Becker, “Discretionary judgement in local planning authority decision making: screening development proposals for environmental impact assessment,” Journal of Environmental Planning and Management, vol. 48, no. 3, pp. 349–371, 2005. View at Publisher · View at Google Scholar · View at Scopus
  31. M. Lipsky, Street- Level Bureacracy: Dilemmas of the Individual in the Public Sector, Russel-Sage, New York, NY, USA, 1980.
  32. J. Black, “Constructing and contesting legitimacy and accountability in polycentric regulatory regimes,” Regulation and Governance, vol. 2, pp. 137–164, 2008.
  33. M. Goodwin, “Regulating rurality? rural studies and the regulation approach,” in Handbook of Rural Studies, P. Cloke, Ed., SAGE Publications, London, UK, 2006.
  34. I. Ayres and J. Braithwaite, Responsive Regulation, Oxford University Press, New York, NY, USA, 1992.
  35. R. Baldwin and M. Cave, Understanding Regulation: Theory, Strategy and Practice, Oxford University Press, Oxford, UK, 1999.
  36. B. M. Hutter, Compliance: Regulation and Environment, Clarendon Press, Oxford, UK, 1997.
  37. G. M. Richardson, A. I. Ogus, and P. Burrows, Policing Pollution: a Study of Regulation and Enforcement, Clarendon Press, Oxford, UK, 1983.
  38. K. Hawkins, Environment and Enforcement: Regulation and Social Definition of Pollution, Clarendon Press, Oxford, UK, 1984.
  39. J. Claydon and M. Chick, “Teaching negotiations (negotiation skills for town planners),” Planning Practice and Research, vol. 20, no. 2, pp. 221–234, 2005. View at Publisher · View at Google Scholar · View at Scopus
  40. M. Grekos, “Review of civil and administrative penalties for environmental offences: background and development update paper,” Journal of Planning and Environment Law, no. 4, pp. 463–478, 2008. View at Scopus
  41. S. McKay and G. Ellis, “Reparation or retribution: an investigation into regulatory compliance in planning,” Environment and Planning A, vol. 37, no. 7, pp. 1249–1262, 2005. View at Publisher · View at Google Scholar · View at Scopus
  42. P. Hampton, Reducing Administrative: Burdens Effective Inspection & Enforcement, HMSO, Norwich, UK, 2005.
  43. BERR, “Application of the regulators’ compliance code and the principles of good regulation,” Dept for Business Enterprise & Regulatory Reform, London, UK, 2008.
  44. J. Black, “Decentring regulation: understanding the role of regulation and self regulation in a ‘post-regulatory world’,” Current Legal Problems, vol. 54, pp. 103–146, 2002.
  45. J. Black, “Forms and paradoxes of principles-based regulation,” Capital Markets Law, vol. 3, no. 4, pp. 425–457, 2008b.
  46. S. Greasley, “Maintaining ethical cultures: self-regulation in English local government,” Local Government Studies, vol. 33, no. 3, pp. 451–464, 2007. View at Publisher · View at Google Scholar · View at Scopus
  47. J. Black, Penalties: Policy, Principles and Practice in Government Regulation—Managing Discretion, ARLC, London, UK, 2001.
  48. H. Campbell and R. Marshall, “Towards justice in planning: a reappraisal,” European Planning Studies, vol. 14, no. 2, pp. 239–252, 2006. View at Publisher · View at Google Scholar · View at Scopus
  49. RTPI, Royal Town Planning Institute, Code of Professional Conduct, RTPI, London, UK, 2008.
  50. R. Brewster, Ethics and The Changing Role of Planners in Australia, Chifley Business School, Chifley, Australia, 2007.
  51. N. Taylor, “Consequentialism and the ethics of planning research,” in Ethics and Planning Research, F. Lo Piccolo and H. Thomas, Eds., Ashgate, Farnham, UK, 2009.
  52. R. J. Burby, P. J. May, and R. C. Paterson, “Improving compliance with regulations choices and outcomes for local government,” Journal of the American Planning Association, vol. 64, no. 3, pp. 324–334, 1998. View at Scopus
  53. A. Bryman, “Why do researchers integrate/combine/mesh/blend/mix/merge/fuse quantitative and qualitative research?” in Advances in Mixed Method Research, M. Bergman, Ed., Sage, London, UK, 2008.
  54. Department of the Environment (NI), Planning Policy Statement 6- Planning, Archaeology and the Built Environment, Planning Service, Belfast, UK, 1999.
  55. DCLG, Barker Review of Land Use Planning, HMSO, Norwich, UK, 2006.
  56. Department of the Environment, Enforcement Concordat, HMSO, London, UK, 1998.
  57. C. Hood, R. Baldwin, and H. Rothstein, “Assessing the dangerous dogs act: when does regulatory law fail?” Public Law, pp. 282–305, 2000.
  58. B. Hutter and P. K. Manning, The Contexts of Regulation: The Impact Upon Health...Risk and Policy Analysis, Cambridge University Press, New York, NY, USA, 1990.
  59. H. Campbell and R. Marshall, “Moral obligations, planning, and the public interest: a commentary on current British practice,” Environment and Planning B, vol. 27, no. 2, pp. 297–312, 2000. View at Scopus
  60. G. Simmons, “Ethics and decision-making under the planning acts,” Irish Planning and Environmental Law, vol. 15, no. 2, pp. 52–57, 2008.
  61. R. Baldwin, Is Regulation Right?London School of Economics, London, UK, 2000.
  62. D. Beetham, The Legitimation of Power, Macmillan, Basingstoke, UK, 1991.
  63. P. Marcuse, “Professional ethics and beyond: values in planning,” Journal of the American Planning Association, vol. 42, no. 3, pp. 264–274, 1976. View at Scopus
  64. J. Mizzoni, Ethics: The Basics, Wiley-Blackwell, Oxford, UK, 2010.
  65. K. Hawkins and B. Hutter, “The response of business to social regulation in England and Wales,” Law & Policy, vol. 15, no. 3, pp. 199–218, 1993.
  66. The Regulatory Reform Act, HMSO, London, UK, 2001.
  67. The Regulatory and Enforcement Sanctions Act, HMSO, London, UK, 2008.
  68. Department for Communities and Local Government, Review of Planning Enforcement in England, DCLG Publications, Wetherby, UK, 2006.
  69. R. W. Mushal, “Reflections upon American environmental enforcement experience as it may relate to post Hampton developments in England and Wales,” Journal of Environmental Law, vol. 19, no. 2, pp. 201–226, 2007. View at Publisher · View at Google Scholar · View at Scopus
  70. The Human Rights Act, HMSO, London, UK, 1998.