Planning Compulsory Purchase Act 2004 - Essay Example

Running Head: The New Planning Compulsory Purchase Act 2004 The New Planning Compulsory Purchase Act 2004 Goes Here Institutional Affiliation Goes Here Abstract There are varying pros and con's that this research intends to pinpoint through the aims of the new Planning Compulsory Purchase Act of 2004. One of the main considerations that should be given, with regard to any new developmental application, is on the natural balance of the earth, its historic land quality, and the environment of that specific development zone. 1Through the network of Friends of The Earth (2004), and other sources, this study will theorize on how this new plan is providing positive reinforcements as well as how it will need to avoid any negative implications. Though this new legislative community growth plan can be boggling to some, The Friends of The Earth Network (2004) makes it more comprehensive for those who are totally unfamiliar with any of its workings. Also, it helps in substantiating the pros and con's involved. Through this research, other important factors will be pointed out and discussed as well. 2 An example of one of the con's of this new plan is related to the extra expense taxpayers will possibly have to bear. Funding has to come from somewhere and though it can be found in many government structures, many times the taxpayers are often the ones left with the brunt of the costs through various taxation implementations. From here the studied research will move on into how it can possibly provide a pro benefit for claimants of land and property with regard to various executions by the government for claiming land in developing. Relief compensation can sometimes be provided. There is an implied con to this as well though. Taxation falls onto the owners of land as well and sometimes the compensation they receive from the Government for entitlement to utilize their property is eaten away by taxation in capital and local forms. So with this initial information presented thus far, this research will attempt to verify who it will be that will struggle the most (which is seeming to be taxpayers) and who will reap the most reward out of this new legislative act. All of this will be presented with a steadfast focus on the earth and the natural balance of the environment. RUNNING HEAD: THE NEW PLANNING COMPULSORY AND PURCHASE ACT OF 2004 As has been stated, there are a multitude of varying views with regards to the new Planning Compulsory Purchase Act of 2004. There are also quite a number of pro's associated and some con's as well, mainly the cons falling into an area of delay with construction and expansion procedures. The Governments' intention is to have the developers understand that, by this implementation of new developmental structure, taking the place of the old one, they will have more capabilities of deciding factors, of their own accord. The Government claims that this new plan will allow for speedier expediting in the decision making process within the areas of growth, development, and expansion (The Journal 2004, p.1). On the flip side of the issue, there are those who tend to think it will create a hindrance with regard to significant delays due to secondary legislation protocols whilst including other delaying issues as well (Johnson 2004, p.1). In expanding upon this view, it takes the approval of subsidiary legislation to provide the equipment and to locate funding necessary to create many of the developmental reforms being anticipated. The delays could occur due to the fact that quite a few of the implemented ideas for this new Act are still awaiting approval. One of these happens to be an alternative plan to fulfill the spot where the old agreement in Section 106 was. 3 The new idea involves a planning tariff implementation that has not been put into action as yet. Unfortunately, this idea will more than likely, not take place this year which could create some misconceptions in regards to claimants and permission to develop on their land, etc. However, the Government insists that though there are some loopholes needing ironed out, this new Compulsory Act will not pose any considerable delays while still evolving. This is stated even though it does not have full embodiment of power in every aspectual area. This places doubt in the minds of the developers who have long toiled with the steps involved of seeking approval for developing and expanding, etc. On a positive note though, supposedly it is suppose to allow for local planning authorities to have the ability and authorization themselves to begin development procedures sooner because of this new legislation imposing and upholding local development orders (Johnson 2004, p.1). The multiple enactments within the "new proposed planning contribution," (in regards to the tariff once more), within the Compulsory Purchase Plan, are considered to be an imprecision for old forms of taxation. This one, being directly for the whole community, and the betterment of it as a whole. In this regard, taxation would be fair and equal, in its structure. This tariff, that some developers are in agreement of, would be of benefit due to the fact it would provide funding, (though through taxation) to improve the visual appeal of communities and to allow for development of old structures without sprawling away from the main focal point, the community itself. This is very important to the Friends of The Earth Association in that when any new developments are underway this group wants there to be assurance that the historic land surrounding the community will not be disturbed and waste and such will be disposed of in a proper way so as not to disturb the natural flow of the environment (Friends of The Earth Network 2004 pp. 1-4). Another extremely vital area (touched upon somewhat already) of importance to consider, when involved with development processes such as this new Planning Compulsory Purchase Act, is in relation to how this plans action's will affect the natural landscape, earth life, and the environment as a whole, around it (Friends of The Earth Network 2004, pp. 1-4). More often than naught, the public hears of oil spills, incorrect waste management, destruction of trees and forests, extinction to preserved wildlife and other negative impacts all the time due to intrusion of so called community growth and developmental expansion. There needs to be assurance this new plan is set up properly so none of the previous mistakes from around the world will occur in the UK with this new structure. Critically speaking, past mistakes (such as were just mentioned) from different parts of the globe (but all related to development plans) have a lot of people apprehensive and worried of the unnecessary, impending approach and encroachment of more land development, planning, and zoning with this Legislation. People worried about the environment see it as constantly tearing down to build up unnecessary structures. Also this plan does not need to focus on any more roads that are appearing more and more, taking away from the picturesque landscapes, to no real point. Regardless of the presumed necessity for community expansion, nature (specifically wildlife) needs room to breathe and grow as well. This legislation needs to consider all these points and place the main focus in developing already standing structures by revamping them; also adding to areas within a community, not outside of it (Friends of The Earth Network 2004 pp.8-15). So, in order for this new Act to have a positive affect in regards to environmentalists it needs to focus on these points and what ideas are already available to insure they are incorporated. According to the Office of the Deputy Prime Minister (2004, p.1) conscientious planning is what signifies and develops where we reside, work, and the land we live in. Planning plays a direct role in supporting the Governments vast economic, social, and environmental objectives for sustainable communities. It would seem that the new Compulsory Purchase Act is attempting to follow on these values set down and has posed concern for historic landscapes utilizing correct planning procedures. In fact, the research presented has found that some of the main objectives of this act are directly relative to preserving the natural beauty of the land and historic landmarks. The only con to be found with regard to this would be the further developing outside of the designated community. Steps are being considered to limit this potential concern though. In conclusion, the interpretation of this new law through the research here has defined it as over all beneficial for the environment and communities involved. We must keep in mind, every new legislative Act has pro's and con's but as long as specified guidelines are followed, observed at all times, and implemented correctly then the new Planning Compulsory Purchase Act of 2004 should evolve to adapt for the betterment of all communities as a whole. 1. The Friends of the Earth Guide (2004). 'Planning Compulsory Purchase Act 2004' pp. 1-17 2. The Journal (2004). 'Compulsory Purchase Rules have both Pro's and Con's' New Castle, England p.1 3. Johnson, Martineau (2004). 'The Planning & Compulsory Purchase Act 2004' Property Bulletin pp.1-2 4. Office of the Deputy of the Prime Minister (2004). 'Planning Policy' Governments Objectives pp.1-7 Read More