header-logo header-logo

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

Best laid plans

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll