Critical Debates in Planning - Essay Example

Do we need third party rights of appeal in planning? Introduction In this paper, planning involves the processes laid down to improve the living standards of a community, a town or even a country. There are three parties involved in such a scenario: the first party, the second party and the third party. The first party is initiator of the plans and development projects or the developer. The local government or planning authority is the second party whose responsibility is to either approve a development plan by the first party or deny permission to a planning application. The third party is any other person who is affected, positively or negatively, by the planning application. Therefore third may include Human Rights Activists, Environmental groups, local and foreign investors and the local residents. For example, a foreign company may want to set up a chemical company in a given area after approaching the local planning authority and gaining the planning permission. The local residents and Environmental groups will want to know how that company will dispose of the end process chemicals without much of water and air pollution. If local residents find the disposal process inconsiderate, then they will involve conservation agencies who will then approach the local planning government with views and concerns over the setting up of the company in question. Involving Third party rights of appeal in planning systems have both positive and negative effects. Therefore, this paper discusses arguments that are pro third party rights of appeal and those against it in statutory planning processes. Advantages of instituting third party rights of appeal in planning procedures include: a) Restores balance in an otherwise lopsided planning system. b) Third party rights of appeal are the best way one can influence development in the community. c) Ecological problems are reduced. d) Provides an opportunity for redress to those affected negatively by the development plans. Allowing third party rights of appeal has also its own disadvantages: a) Instead of being a proponent of public interest, individuals or groups may have personal interest. b) May slow down implementation of development plans. c) Third party rights of appeal may lead to additional costs for developers and local planning authority as well. Advantages of Third party rights of appeal in planning a) Restores balance in an otherwise lopsided planning system. In most cases an appeal launched by developers against refusal of a planning process may be considered as opposed to attempts by a third partys appeal against approval. Therefore, third party rights of appeal would ensure high standards in local planning authorities and in the process tackling the imbalance problem. The planning authorities will be responsible for the approvals they make as well as the rejections. This institutes a more symmetrical system where both the appeals of the third party as well as the appeal from the developer are equally considered. b) Third party rights of appeal are the best way one can influence development in the community. Since the public interest is governed by the economic necessity, it is possible to assume that the local residents know exactly the importance of the proposed development plans more than the local planning authorities. The local residents will as well take center stage in determining the immediate needed facilities and services that should be included in the development plans by the developer. Moreover, it is also the best way to appeal against poor and slow developments in one local area. While the local authority and the developers may be bent on making profit from an approved development plan, third party appeals are geared towards communal gain. c) Ecological problems are reduced Today the world faces global environmental discomforts such as global warming as a result of fumes and gas expulsion into the atmosphere by the factories. Most developers are not concerned about the long term environmental impact of their development plans but rather on profit. This most of the time may lead to air pollution and river poisoning in case of chemical industries thereby negatively affecting aquatic life. Therefore, with involvement of Environmental agencies as third party will ensure accountability by the developers on waste disposal and also sensitize the local planning authority on what development projects to approve in a particular area. d) Provides an opportunity for redress to those affected negatively by the development plans. i) Inequality To ensure good living standards of a given local area, it is an ethical practice that when a development project is initiated the residents of the local community should gain in terms of employment opportunities. Third party rights of appeal will ensure this happens just in case it doesnt. For instance cases have been witnessed all over the world where local residents have shown discontent through demonstrations when foreign employees have taken up all the job positions. ii) Health impact Development plans that have long term health impacts on local residents can also be addressed through the third party rights of appeal. Disadvantages of Third party rights of appeal in planning a) Personal Interest Instead of being a proponent of public interest, individuals or groups may have personal interest. Sometimes rights discourses tend to press on some rights as a way of protecting their interests rather than communal values. b) Third party rights of appeals may slowdown development plans. Developers propose that rights discourses may delay development projects since some of these issues have to be solved in courts of law. Law courts involve processes and procedures which may consume a lot of time before coming to an amicable agreement. The appeals may also sometimes be unsuccessful thereby wasting time instead. c) Third party rights of appeal may lead to additional costs for developers and local planning authority as well In most cases the appeals are presented in a court of law, probably a high court. There will be additional cost incurrence of development when: i. Lawyers and advocates are involved to reduce confronting challenges and therefore remunerated to validate the planning application and permissions. ii. Transport cost incurred everyday while attending the court sessions Conclusion It is important that the concept of Third party rights appeal in planning be widely considered from both positive and negative attributes. In this analysis, the concept of public participation in planning outweighs the reasons against the involvement of public views on planning. It can also be observed that instituting Third Party Rights of Appeal in planning will most certainly benefit only the third parties such as local residents and Environmental agencies and not developers and local authorities. It is therefore right to say that the process of adopting Third Party Rights of Appeal in planning is a democratic process which will be met with high resistance from both the developers and local planning authorities. Notably also is the fact that disadvantages of Third Party Rights of Appeal in planning have no ill effects on the third parties but still highly affect the freedom of the first and second parties. Bibliography Barclay, C. (2002). Research Paper 02/38: Third Party Rights of Appeal in Planning. House of Commons Library, London. Brock, D. (2011). ‘Third Party Rights of Appeal’ in Journal of Planning & Environment Law, 1, pp. 5-9 Ellis, G. (2004). ‘Discourses of Objection: Towards an Understanding of Third-Party Rights in Planning’ in Environment and Planning A, 36, 1549-1570. Read More