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Akintoye, A, Renukappa, S and Lal, H (2012) The abolition of the "contracts in writing" rule in the 2009 Construction Act: Potential implications for UK adjudication. International Journal of Law in the Built Environment, 4(02), 140-56.
Andrew, A and Bryan, C (2011) Scottish construction lawyers and mediation: an investigation into attitudes and experiences. International Journal of Law in the Built Environment, 3(02), 159–81.
Baker, F (2013) Housing and planning regulation – England and Ireland. International Journal of Law in the Built Environment, 5(02), 118-36.
- Type: Journal Article
- Keywords: Centralisation; Decentralisation; England; Housing; Ireland; Planning; Public health
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/IJLBE-08-2012-0015
- Abstract:
Purpose – The paper will aim to examine the contemporary origins and development of the planning system and housing regulation in England and Ireland. One objective is to broadly explicate how the regulation of housing in England began, with reference to Ireland, and its relationship with the planning system. The other is to outline the swing in England from a hotchpotch decentralised system to a centralised, and back again sharply to decentralised approach to planning and the provision for housing, a swing unparalleled in Ireland. Design/methodology/approach – The approach is to consider the main influences on the regulation of planning and housing, with reference to historical, social and legal regulatory developments, and to broadly assess the role of centralised and decentralised systems. Findings – The regulation of housing was an incidental product of the regulation of public health. The use of town and country planning principles could have assisted such regulation, but were unpopular until the development of a centralised system of planning in the 20th century. This has led to problems in Ireland for the delivery of local services. The change in England under the Localism Act to decentralized system is unlikely to achieve an effective use of local resources. It is unlikely that unwieldy new systems of decision-making and funding arrangements will improve the provision of housing for low incomes and the poor. A balance between the use of both systems is required. Originality/value – This paper assesses the impact of social, historical, administrative and legal changes that have impacted on the progress of the relationship between planning and housing regulation in England and Ireland over the last two centuries until the present day.
Balsas, C J L (2017) The right to walk in cities, a comparative review of Macau, Lisbon and Las Vegas. International Journal of Law in the Built Environment, 9(02), 123-42.
Ceno, J S d (2012) Selective licensing and resident satisfaction in social housing: a UK case study. International Journal of Law in the Built Environment, 4(02), 126-39.
Chalkey, K and Green, M (2016) In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?. International Journal of Law in the Built Environment, 8(02), 161-75.
Coggins, J K and Donohoe, S (2012) The validity of adjudicators' determinations containing errors of law: A comparison of the judicial approach in England and New South Wales. International Journal of Law in the Built Environment, 4(02), 116-25.
Grecksch, K and Holzhausen, J (2017) Property rights revisited: are narratives the way forward?. International Journal of Law in the Built Environment, 9(02), 94-107.
Gregory-Stevens, J, Frame, I and Henjewele, C (2016) Mediation in construction disputes in England. International Journal of Law in the Built Environment, 8(02), 123-36.
Hearne, R (2013) Realising the “right to the city”: Developing a human rights based framework for regeneration of areas of urban disadvantage. International Journal of Law in the Built Environment, 5(02), 172-87.
Ilter, D and Dikbas, A (2009) An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry. International Journal of Law in the Built Environment, 1(02), 143-55.
Ilter, D, Cakmak, P I, Ustuner, Y A and Tas, E (2016) Toward a research roadmap for construction mediation. International Journal of Law in the Built Environment, 8(02), 176-90.
Jane, B (2010) Using banks: the effect of national attitudes to public intervention in mortgage lending and eviction in French and English law. International Journal of Law in the Built Environment, 2(02), 118–37.
Juli, P (2010) Housing discrimination and minorities in European cities: the Catalan Right to Housing Act 2007. International Journal of Law in the Built Environment, 2(02), 138–56.
Julian Sidoli del, C (2011) An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and Wales. International Journal of Law in the Built Environment, 3(02), 182–98.
Laitos, J G and Abel, T M (2013) Sites suitable for mixed use development in Britain and America. International Journal of Law in the Built Environment, 5(02), 137-55.
Lees, E and Shepherd, E (2015) Incoherence and incompatibility in planning law. International Journal of Law in the Built Environment, 7(02), 111-26.
Leshinsky, R (2012) Use of planning agreements to support sustainability and environmental preservation: A case study from Victoria, Australia. International Journal of Law in the Built Environment, 4(02), 157-72.
Lindqvist, S (2012) The concept of transparency in the European Union's residential housing market: A theoretical framework. International Journal of Law in the Built Environment, 4(02), 99-115.
Luke, B (2011) Judges, child trespassers and occupiers' liability. International Journal of Law in the Built Environment, 3(02), 126–45.
Maree, C (2011) Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand. International Journal of Law in the Built Environment, 3(02), 113–25.
Meijer, F and Visscher, H (2017) Quality control of constructions: European trends and developments. International Journal of Law in the Built Environment, 9(02), 143-61.
Nasarre-Aznar, S (2015) “Robinhoodian” courts’ decisions on mortgage law in Spain. International Journal of Law in the Built Environment, 7(02), 127-47.
Nasarre-Aznar, S and Molina-Roig, E (2017) A legal perspective of current challenges of the Spanish residential rental market. International Journal of Law in the Built Environment, 9(02), 108-22.
O'Mahony, L F (2013) The meaning of home: from theory to practice. International Journal of Law in the Built Environment, 5(02), 156-71.
Padraic, K (2010) Can housing rights be applied to modern housing systems?. International Journal of Law in the Built Environment, 2(02), 103–17.
Patricia, N (2011) The use of mediation in preventing homelessness in England. International Journal of Law in the Built Environment, 3(02), 146–58.
Pedro, J B, Meijer, F and Visscher, H (2009) The Portuguese building regulation system: a critical review. International Journal of Law in the Built Environment, 1(02), 156-71.
Pratt, N (2015) The “by right” defence in village green registration. International Journal of Law in the Built Environment, 7(02), 96-110.
Rachelle, A (2011) Guest editorial: comparative research at the frontier of planning law: The case of compensation rights for land use regulations. International Journal of Law in the Built Environment, 3(02), 100–12.
Sherry, C (2009) The New South Wales strata and Community Titles Acts: A case study of legislatively created high rise and master planned communities. International Journal of Law in the Built Environment, 1(02), 130-42.
Sidoli del Ceno, J, George, H and Vols, M (2015) Adjudication in tenancy deposit scheme disputes: agents’ perspectives. International Journal of Law in the Built Environment, 7(02), 162-72.
Skaik, S (2017) Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives. International Journal of Law in the Built Environment, 9(02), 162-75.
Somerville, P (2013) Property and power in the English countryside: the case of housing. International Journal of Law in the Built Environment, 5(02), 100-17.
Trushell, I, Clark, B and Agapiou, A (2016) Construction mediation in Scotland: An investigation into attitudes and experiences of mediation practitioners. International Journal of Law in the Built Environment, 8(02), 101-22.
Vols, M, Tassenaar, P G and Jacobs, J P A M (2015) Anti-social behaviour and European protection against eviction. International Journal of Law in the Built Environment, 7(02), 148-61.
Wall, R, Ankrah, N and Charlson, J (2016) An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes. International Journal of Law in the Built Environment, 8(02), 137-60.
Wolfgang, A and Alexis, M (2010) Designing a new rental housing law for Romania. International Journal of Law in the Built Environment, 2(02), 157–77.
Ziegler, E H (2009) The case for megapolitan growth management in the twenty-first century: Regional urban planning and sustainable development in the USA. International Journal of Law in the Built Environment, 1(02), 105-29.