Planning and the Law - Essay Example

?Running head: Planning and the Law Introduction Development of architectural planning and legal control on building construction in England has a long history which dates back to around 1180s. This history has generated accounts of interest for building enthusiasts. The legal control on building construction began in the English capital London which was densely populated. The buildings in the city were densely packed creating so many problems in the city and could only be solved communally. Houses could be built with thin party walls and poorly sited privies as well as gutters which could cause nuisances to the neighbors. In addition, there were complaints from the residents that one house could block light from the other. For this reasons, the authorities decided to set up building regulations that could give guidelines on building construction this was as early as 1189 (Cullingworth & Nadin 2002). During this medieval time, the greatest risk was fire outbreaks. In 1212, there was a devastating fire which huge destruction in the city, the mayor of the city could regularly received complaints about building nuisance by one neighbor against the other. The problem of country and town planning in England worsened during the profound revolution which the country went through during the nineteenth century. The revolution in England brought about enormous growth of the country’s population especially in the urban centers. In the year 1800 the population was roughly about 11 million, by mid 1850s, that number had almost doubled to around 21 million such an increase was quite enormous consequently altering the physical outlook of the towns and the country with of course the problems associated with population increase. Discussion Industrial revolution was initially centered on the coalfields, cotton, and wool towns which were located in the northern region. These towns were helped a great deal by the construction of the first canals and railways later on. Consequently, population started concentration in certain parts of the country, mainly the midlands, north of England as well as in the south Wales. These industrial destinations grew radically due to the industries. The general population as well as people began to abandon the countryside life and flocked the industrial towns in search for jobs in the few industries (Denyer 2012). The influx of people in the industrial town was partly as a result of the decline in agricultural activities in the countryside especially after 1850. At the begging, the conditions around the newly founded industrial towns were very appealing. For this reason, houses as well as industries drastically sprung up and were built side by side and no efforts were made for purposes of zoning or planning so to speak. People had to live within their places of work and thus they build their houses around the industries. Worse still, nobody seemed to care about the standards of building construction or even sanitation of the area. The haphazard construction of the houses and industries encouraged the spread of various diseases causing devastating outbreaks of typhoid and cholera in the industrial towns. Following the cholera epidemics that lead to loss of many lives, several commissions were formed to inquire on the causes and to give possible recommendation. Several reports were published such as the report by the Poor Law Commissioners in 1838and the Royal commission on the Health of Towns in 1842. These publication and other led to the enactment of a couple of legislations by parliament related to building construction in the country. Even though these Acts covered limited scope, as well as effects, they were significant in laying the basis of enduring legislative restrictions on the freedom of those who owned land to construct buildings as the deemed fit. A General Board of Health was established under the Public Health Act of 1848. This board was charged with the responsibility of ensuring that both the existing and new buildings provided with water as well as a good drainage system. Further, the Board was empowered under the Public Health Act of 1848 to halt construction of any building until the Board is notified and satisfied with the privies position and drainage of the building. The second legislation by parliament was The Nuisance Removal and Disease Prevent Act of 1848. This Act was applicable across the country and it criminalized construction of a building that drains into an open ditch. In 1855 however, the Nuisance Removal and Disease Prevent Act of 1848 was repealed by the Nuisance Removal Act. This Act allowed the local authority to lodge complaints in the court of law in the event that any building within their jurisdiction was causing nuisance or likely to cause health risks and injuries. The Act further require that in construction of a house there should be a means of drainage, ventilation as well as adequate privy room for purposes of making the house habitable and safe for the residents. In the event that a house failed to meet such standards, then it was deemed unfit for human habitation thus prohibited for such purposes. The Nuisance Removal Act of 1855 was unmitigated by the 1866 Sanitary Act. This act among other things gave the local council authority to investigate the houses which did not have appropriate drainage and oblige them to connect their drainage with the public sewer that was within the allowed vicinity. In the meantime, several municipalities across the countries were seeking powers from the legislature to allow them pass their local Acts which would enable them to set out rules and enforce them in their respective municipalities. The passing of local Acts paved way for the promulgation of the 1875 Public Health Act. Promulgation of this Act fused the previous Acts thus giving provisions earlier found in local Acts for the first time, national application. Further, the Act gave local Authorities the authority not only to set standards of closet accommodation and drainage but also the power to make byelaws to standardize the space around the house street width as well as the size of rooms in the house. The Act also set out rules for the planning and drainage of streets that were not in use (Garner 1981). Even though builders were enthusiastic of constructing as many buildings as possible in a given area, they were now limited by the byelaws which set the maximum number of houses that that can be elected in a given area. As a consequence of this development in building construction legislation, there emerged a sea of homogeneous rows of houses as well as streets surrounding the industrial towns in England whose unbroken regularity and dreary need no depiction. The control by the byelaws was nevertheless a crucial stride to the fore in the development of the English planning law. Artisans and Laborers’ Dwelling Act 1868, increase the local government powers especially in the Public health sector in 1875, the local government was further empowered to undertake clearance of slums and also to undertake the construction of cottages and tenements. This was for purposes of housing the working class in 1890. According to Culling worth & Nadin (2002), these legislations and the authority they vested in the local government brought major reforms in the local government. This was due to the numerous powers the local government was given over public health and housing in the country. By the close of the nineteenth century, England had an effective local government which held significant powers and authority in the field of housing as well as in public health. As cities developed, it was apparent that people’s needs also increased. A clear indication of an attempt to satisfy the need for better working and living conditions was confirmed by enlightened industrialists who build places such as Port Sunlight as well as Bourneville. The idea of garden cities was also conceived at about that time by Ebenezer Howard in his famous book Garden Cities of Tomorrow; this time is seen as the brainwave of the first garden city as well as the beginning of the new town movement. In 1909, the first planning Act was passed this Act mandated the local council to design a planning schemes for purposes of giving guidelines to any development in any land. The planning schemes especially for the suburb area which were around the towns were meant to ensure that the lands around the town develop in the appropriate way maintaining the required sanitary and drainage conditions. Further, the planning schemes by the local council were necessary to ensure that convenient amenities are provided according to outlined planning rules of the land and its vicinity. It is therefore in the nineteenth century where the reforms in the planning law that included not only sanitary conditions but also introduced the requirements of better amenities and convenience in building construction. Unlike the byelaws, the planning schemes were stretchier as well as ambitious. This is because the planning schemes regulated the buildings that could be constructed in a given area as well as the control the way in which a building appears and how it may be used. In addition, the planning schemes also outlined area in which particular types of building constructions could be carried out and how they could be used. The nature of development that could not be commenced without particular requirements of the local government was also outlined in the planning schemes (Cullingworth & Nadin 2002). The process of preparation and approval of a planning scheme was quite tedious and this necessitated an introduction of a process that could reduce the whole process effectively. The introduction of an Act in 1919 was just the right step towards achieving an effective scheme preparation and approval. The Act brought in the model of interim development control. . During the period of interim control, there was no any obligation on the part of the developer to seek authorization from the local council, nevertheless, in the event that the development contravene the requirements of the scheme the developer could not claim for any form of compensation. It is worth noting that a developer was on the safe side if he got the interim development consent than not getting permission at all. In 1932, another planning Act was passed. This a great step forward in the English planning law as this Act authorized the local authorities to design planning schemes pertaining to any parcel of land in Wales and England . According to Garner (1981), this was a new development in the planning law as the local authorities had powers limited to preparing planning schemes for suburban land only. Even though the 1932 Act was quite permissive and a great step in the development of the planning law the passing of the Ribbon Development Act in 1935 introduced some restrictions to the permissive Act of the 1932. The 1935 Ribbon Development Act restricted building construction within 220 feet reserves of classified roads. In the year 1943, the planning Act subjected a huge percent of land in Wales and England subject to the 1932 interim control. The aforementioned legislations that were passed from 1909 to 1943 were based on the model of planning scheme. As such, the planning schemes were used as a tool that guaranteed all the new building constructions complied with specified standards of convenience, amenities, and also as a guide that directed any changes in the utilization of the already constructed buildings in a particular area. Even though this legislation tried to solve several problems related to planning, they seem to have overlooked the problems that would ensue in future and thus they could not stand the test of time. The planning schemes set out by these Acts could no longer be applicable with the continuous increase in the population in England. The emergence of alternative means of transport such as road transport from the traditional railway transport coupled with cheap supply of electrical power brought dramatic changes across England. Consequently, the country experienced new growth the cities and towns which extended even past the boundaries as earlier anticipated (Denyer 2012). The coalfields and the railways were no longer the determinants of industrial location as the industries had found a new alternative of transportation that was road. It followed therefore that the nation experienced a major relocation of industries which cause another huge problem and the only way to remedy the problem was through designing a legislation that would provide for the guidelines of industrial relocation. A couple of committees were formed to look into the matter; one was lead by Lord Justice Scott while the other was headed by Barlow. The reports of the two committee argued that even though the existing legislation on town planning aims and indeed had achieved producing more healthier, convenient, and pleasant local environment, they did not address adequately the expansion of great towns and cities in the country. In an effort to remedy lacuna left by the existing planning statutes, the two reports recommended that a central planning authority must be established, it was also recommended that a national plan ought to be designed for purposes of population and industry location, and finally the reports recommended for the instantaneous extension of the existing planning control throughout the country. These recommendations led to the passing of two planning legislations in 1943. One of the legislation provided for the appointment of a minister whose duties and responsibility was to oversee designing and implementing of national policy in a continuous and consistent way with due regard to the country’s’ development and utilization of land. The second statute on the other hand extended the already existing interim control to be applicable to the country in general. In the meantime, there arose another problem in terms of redevelopment of earlier developed zones. The statutes that were enforce only addressed the designing of planning schemes for purposes of regulating developers’ activities (Denyer 2012). After the Second World War, something more than just regulating the activities of the developers was needed to reconstruct the bombarded cities. This opportunity came in 1947 when the Town and Country Planning Act came into existence. The Act generally authorized the local authority to single out the general reconstruction zones especially in areas which had been heavily affected by bombing. In an effort to differentiate a planning law and planning policy, it is important to understand the distinction between a law and a policy from the onset. To begin with, a law out line principles, standards, and procedures that ought to be adhered to in a particular issue. In the event a law is not complied with, the person or persons responsible for the violation of the law can be charged in a court of law. A policy on the other hand outlines what a ministry of government aims at achieving as well as the principles and means it will employ to realize them. Simply put a policy states the objectives of a ministry. It should be however noted that a policy document is not in any way a law although it often specify legislations that are required to attain its goals. A planning law is therefore an Act of parliament that sets out principles, standards, and procedures that ought to be followed in the planning and development of a particular zone. A planning law has a legal implication that if a developer fails to comply with the requirements set out under that law then he or she can be prosecuted in a court. A planning policy on the other hand sets out the planning objectives of a ministry. Planning policy documents should not be confused to be laws although they often specify legislations that are required to attain planning goals. Planning policy must therefore follow planning law. Conclusion Development of planning law in England has a long history dating back to around 1180. The buildings in the city were densely packed creating so many problems in the city and could only be solved communally. Houses could be built with thin party walls and poorly sited privies as well as gutters which could cause nuisances to the neighbors. The problem of city and town planning in England worsened during the profound revolution which the country went through during the nineteenth century. The revolution in England brought about enormous growth of the country’s population especially in the urban centers. Houses and industries drastically sprung up and were built side by side without proper zoning. The haphazard construction of the houses and industries encouraged the spread of various diseases causing devastating outbreaks of typhoid and cholera in the industrial towns which led to lose of many lives. This led to the enactment of a couple of legislations by parliament related to building construction in the England. In 1848, The Public Health Act was enacted as a planning law. The Act established a General Board of Health charged with the responsibility of ensuring that both the existing and new buildings provided with water as well as a good drainage system. The board was further empowered to halt construction of any building until the Board is notified and satisfied with the privies position and drainage of the building. The second legislation in 1848 was The Nuisance Removal and Disease Prevent Act of 1848. This Act was applicable across the country and it criminalized construction of a building that drains into an open ditch. In 1855, the legislature passed another planning law called The Nuisance Removal Act of 1855 which was later complemented by the 1866 Sanitary Act. In 1875, the Public Health Act was passed giving provisions earlier found in local Acts for the first time, national application. In 1909, the planning Act came into existence and mandated the local council to design a planning scheme for purposes of giving guidelines to any development in any land. Other two planning legislations were passed in 1943. One of the legislation provided for the appointment of a minister whose duties and responsibility was to oversee designing and implementing of national policy in a continuous and consistent way with due regard to the country’s’ development and utilization of land. The second statute on the other hand extended the already existing interim control to be applicable to the country in general. These two Acts form the basis of the planning law in England up-to-date. References Cullingworth J. & Nadin, V. 2002. Town and country planning in the UK. Routledge, London Denyer, B. 2012. Development and Planning Law. Rout ledge, London. Garner, J. 1981. Practical planning law: a handbook for planners, architects and surveyors. Taylor & Francis, NY. Read More