Conundrums in Conservation: Complexity in Control

Danielle Rush, Sean MacIntyre, Stephen McKay

Research output: Contribution to journalArticle

Abstract

The departure point for this investigation is to highlight the centrality of regulation theory as a praxis in planning enforcement. Thevalue of the conceptual framework is demonstrated by application in the problematic arena of conservation regulatory compliance,where there is currently a dearth of investigation. It is evidenced that this thematic approach provides a lens to scrutiniseproblematic areas of control and provides a deeper understanding of the difficulties faced by planning enforcement operationalpractice generally and heritage regimes specifically. The utility of the proposed mechanism is that it remedies the current, welldocumented, pitfalls of disjointed, piecemeal strategies by providing a framework for robust, coherent decision making not onlyin planning but in the wider regulatory arena.
LanguageEnglish
Pages1-14
JournalUrban Studies Research
Volume2012
Issue number378326
DOIs
Publication statusPublished - 28 Aug 2012

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decision making
planning
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regulation

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Rush, Danielle ; MacIntyre, Sean ; McKay, Stephen. / Conundrums in Conservation: Complexity in Control. In: Urban Studies Research. 2012 ; Vol. 2012, No. 378326. pp. 1-14.
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title = "Conundrums in Conservation: Complexity in Control",
abstract = "The departure point for this investigation is to highlight the centrality of regulation theory as a praxis in planning enforcement. Thevalue of the conceptual framework is demonstrated by application in the problematic arena of conservation regulatory compliance,where there is currently a dearth of investigation. It is evidenced that this thematic approach provides a lens to scrutiniseproblematic areas of control and provides a deeper understanding of the difficulties faced by planning enforcement operationalpractice generally and heritage regimes specifically. The utility of the proposed mechanism is that it remedies the current, welldocumented, pitfalls of disjointed, piecemeal strategies by providing a framework for robust, coherent decision making not onlyin planning but in the wider regulatory arena.",
author = "Danielle Rush and Sean MacIntyre and Stephen McKay",
note = "Reference text: [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. [5] S.McKay, “Sheriffs and outlaws: in pursuit of effective enforcement,” Town Planning Review, vol. 74, no. 4, pp. 423–445, 2003. [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 EconomyWorking 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 vWestminster City Council, 1997. [20] Department for Communities and Local Government, Review of Planning Enforcement in England, DCLG Publications, Wetherby, UK, 2006. Urban Studies Research 13 [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. [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. [28] W. C. Baer, “Toward design of regulations for the built environment,” Environment and Planning B, vol. 24, no. 1, pp. 37– 57, 1997. [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. [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, OxfordUniversity 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. [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. [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. [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. [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. [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. [53] A. Bryman, “Why do researchers integrate/combine/mesh/ blend/mix/merge/fuse quantitative and qualitative research?” in Advances inMixedMethod 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. [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. [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 andWales,” Law & Policy, vol. 15, no. 3, pp. 199–218, 1993. 14 Urban Studies Research [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. [70] The Human Rights Act, HMSO, London, UK, 1998",
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}

Conundrums in Conservation: Complexity in Control. / Rush, Danielle; MacIntyre, Sean; McKay, Stephen.

In: Urban Studies Research, Vol. 2012, No. 378326, 28.08.2012, p. 1-14.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Conundrums in Conservation: Complexity in Control

AU - Rush, Danielle

AU - MacIntyre, Sean

AU - McKay, Stephen

N1 - Reference text: [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. [5] S.McKay, “Sheriffs and outlaws: in pursuit of effective enforcement,” Town Planning Review, vol. 74, no. 4, pp. 423–445, 2003. [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 EconomyWorking 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 vWestminster City Council, 1997. [20] Department for Communities and Local Government, Review of Planning Enforcement in England, DCLG Publications, Wetherby, UK, 2006. Urban Studies Research 13 [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. [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. [28] W. C. Baer, “Toward design of regulations for the built environment,” Environment and Planning B, vol. 24, no. 1, pp. 37– 57, 1997. [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. [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, OxfordUniversity 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. [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. [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. [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. [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. [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. [53] A. Bryman, “Why do researchers integrate/combine/mesh/ blend/mix/merge/fuse quantitative and qualitative research?” in Advances inMixedMethod 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. [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. [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 andWales,” Law & Policy, vol. 15, no. 3, pp. 199–218, 1993. 14 Urban Studies Research [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. [70] The Human Rights Act, HMSO, London, UK, 1998

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AB - The departure point for this investigation is to highlight the centrality of regulation theory as a praxis in planning enforcement. Thevalue of the conceptual framework is demonstrated by application in the problematic arena of conservation regulatory compliance,where there is currently a dearth of investigation. It is evidenced that this thematic approach provides a lens to scrutiniseproblematic areas of control and provides a deeper understanding of the difficulties faced by planning enforcement operationalpractice generally and heritage regimes specifically. The utility of the proposed mechanism is that it remedies the current, welldocumented, pitfalls of disjointed, piecemeal strategies by providing a framework for robust, coherent decision making not onlyin planning but in the wider regulatory arena.

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