Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales

Abstract

Purpose – The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day planning law in England and Wales in order to assess the balance between these ideologies today. Design/methodology/approach – In order to achieve this, the philosophical and theoretical foundations of the respective legal ideologies are revisited. The approach that follows is a mixed doctrinal and socio-legal one. The content of the law in certain key areas is established and then analysed against the framework of McAuslan's ideologies in order to establish the social context balance of the law. Findings – The paper concludes that, despite much change in law and policy, the balance between the three competing ideologies in the area of development control in the planning regime of England and Wales remains similar to that in 1980. Research limitations/implications – For publication as a research paper, the scope of the examination was...