header-logo header-logo

Best laid plans

24 June 2016 / Martin Burns
Issue: 7704 / Categories: Features , Profession , ADR
printer mail-detail
nlj_7704_burns

ADR can be an effective mechanism to help speed up the planning process when used wisely, says Martin Burns

For decades there have been frequent discussions and proposals about using alternative dispute resolution (ADR) to inspire harmony between participants in the planning process, and speed up official decisions about planning matters.

At the Royal Town Planning Institute Conference in 1996, former chief planning inspector, Chris Shepley, encouraged the use of mediation in planning.

The Planning and Compulsory Purchase Act 2004 promised a new approach to the delivery of the English planning system and, among other things, promoted consensus over confrontation.

In 2006 Kate Barker recommended that the department of communities and local government (DCLG) should establish a planning mediation service to act as an alternative dispute resolution mechanism within the planning system.

The Killian/Pretty Review of 2008 recommended use of ADR at all stages of the planning application process.

Requirement for compulsion

It would appear, however, that the material results of all the talk and encouragement for ADR have been little more than

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll