Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
A comparison of planning obligation in the United Kingdom with takings in the United States
In recent years in both the United Kingdom and the United States there have been a series of court cases that have changed if not clarified the way in which planning obligation in Britain and takings in the United States are handled. While there are differences between the two systems of government generally and the planning systems specifically, the similarities are great enough to warrant a comparison. Court cases have been chosen as the primary vehicle of making this comparison as their impact is generally felt beyond the specific case under consideration. This is particularly true in the United States where each local jurisdiction adopts and administers it own planning system. Both planning obligations and takings have become more important as local authorities increasingly become less able to provide the infrastructure and other facilities required by new development. There is also a recognition that developers have an obligation to put back into the community some of the profits they receive from their developments. This study looks not only at the cases, but also at the respective historical developments which led to the situation as it stands today. It also examines the impact of those cases on local authority planning, in their respective countries. As a method of comparison this study discusses the possibility of similar cases coming to court in the other country and if they did what the likely outcome would be. In spite of the different planning and legal systems the debate in the two countries covers similar ground, as it evidenced by the similar terms used in those debates. In spite of these similarities, the two legal systems have handled the issue in different ways. This different way of handling similar issues leads to a discussion of what the two countries can learn one from the other.
A comparison of planning obligation in the United Kingdom with takings in the United States
In recent years in both the United Kingdom and the United States there have been a series of court cases that have changed if not clarified the way in which planning obligation in Britain and takings in the United States are handled. While there are differences between the two systems of government generally and the planning systems specifically, the similarities are great enough to warrant a comparison. Court cases have been chosen as the primary vehicle of making this comparison as their impact is generally felt beyond the specific case under consideration. This is particularly true in the United States where each local jurisdiction adopts and administers it own planning system. Both planning obligations and takings have become more important as local authorities increasingly become less able to provide the infrastructure and other facilities required by new development. There is also a recognition that developers have an obligation to put back into the community some of the profits they receive from their developments. This study looks not only at the cases, but also at the respective historical developments which led to the situation as it stands today. It also examines the impact of those cases on local authority planning, in their respective countries. As a method of comparison this study discusses the possibility of similar cases coming to court in the other country and if they did what the likely outcome would be. In spite of the different planning and legal systems the debate in the two countries covers similar ground, as it evidenced by the similar terms used in those debates. In spite of these similarities, the two legal systems have handled the issue in different ways. This different way of handling similar issues leads to a discussion of what the two countries can learn one from the other.
A comparison of planning obligation in the United Kingdom with takings in the United States
Smyth, Charlotte (Autor:in)
01.01.1996
Masters thesis, UCL (University College London).
Hochschulschrift
Elektronische Ressource
Englisch
DDC:
710
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