Town Planning Review

In pursuit of regulatory compliance: a study of planning enforcement structures in Northern Ireland

Town Planning Review (2014), 85, (3), 387–410.

Abstract

As devolution expands across the UK, Northern Ireland (NI) is witnessing the development of new architecture to devolve planning powers. With serious criticism targeted at the legislative provisions for enforcement, this investigation endeavours to assess the robustness of the planning framework through a synergy of theory, law and practice. The paper demonstrates the value of theory in not only supplying a lens that allows both legislative frameworks and praxis to be deconstructed, but also in enabling the identification and scrutiny of underlying problems that pervade the system.

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AYRES, I. and BRAITHWAITE, J. (1992), Responsive Regulation, Oxford, Oxford University Press. Responsive Regulation Google Scholar

BALDWIN, R. and BLACK, J. (2008), ‘Really responsive regulation’, Modern Law Review, 71, 59-94. ‘Really responsive regulation’ Modern Law Review 71 59 94 Google Scholar

BALDWIN, R. and CAVE, M. (1999), Understanding Regulation, Oxford, Oxford University Press. Understanding Regulation Google Scholar

BENDASOLLI, P. (2013), ‘Theory building in qualitative research: reconsidering the problem of induction’, Forum: Qualitative Social Research, 14, 1-14. ‘Theory building in qualitative research: reconsidering the problem of induction’ Forum: Qualitative Social Research 14 1 14 Google Scholar

BETTER REGULATION EXECUTIVE (2010), Reducing Regulation Made Simple, London, HMG. Google Scholar

BLAIKIE, N. (2012), Approaches to Social Enquiry, 2nd edn, London, Polity. Approaches to Social Enquiry Google Scholar

BRAND, C. (1988), Enforcement of Planning Control, 2nd edn, London, Longman. Enforcement of Planning Control Google Scholar

BURBY, R., MAY, P. and PATERSON, R. C. (1998), ‘Improving compliance with regulations: choices and outcomes for local government’, APA Journal, 64, 324-34. ‘Improving compliance with regulations: choices and outcomes for local government’ APA Journal 64 324 34 Google Scholar

CABINET OFFICE (2013), ‘Partners in Washington to build on BIT work’. http://blogs.cabinetoffice.gov.uk/behavioural-insights-team/2013/08/09/partners-in-washington-to-build-on-bit-work/ Google Scholar

CARRINGTON, D. (2012), Slashing of Environment Red Tape is Far from Over, London, Guardian Media. Slashing of Environment Red Tape is Far from Over Google Scholar

DOE (DEPARTMENT OF THE ENVIRONMENT) (1998), Enforcing Planning Control (The Carnwath Report), London, HMSO. Google Scholar

DOENI (DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND) (1998), General Principles, Belfast, DOENI. Google Scholar

DOENI (DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND) (2003), Report into Compliance with Planning Conditions, Belfast, DOENI. Google Scholar

DOENI (DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND) (2009), Reform of the Planning System in NI: Your Chance to Influence Change, Belfast, DOENI. Google Scholar

 Google Scholar

DOBRY, G. (1975), The Dobry Report: Review of the Development Control System: Interim Report, London, HMSO. The Dobry Report: Review of the Development Control System: Interim Report Google Scholar

DOBSON, A. (2007), ‘Environmental citizenship: towards sustainable development’, Sustainable Development, 15, 276-85. ‘Environmental citizenship: towards sustainable development’ Sustainable Development 15 276 85 Google Scholar

EUROPEAN COMMISSION (2010), Action Programme for Reducing Administrative Burdens in the EU, Brussels, European Commission. Google Scholar

EUROPEAN COMMISSION (2013), Reducing the Administrative Burden - Results, Brussels, European Commission. Google Scholar

FEKETEKUTY, G. (2010) Needed: A new approach to reduce regulatory barriers to trade http://www.voxeu.org/index.php?q=node/5208 Google Scholar

FOE (FRIENDS OF THE EARTH) (2011), Public and Stakeholder Opinion of the Northern Ireland Planning System, Belfast, Friends of the Earth. Google Scholar

HARRIS, N. (2010), ‘Discretion and expediency in the enforcement of planning controls’, Town Planning Review, 81, 675-700. ‘Discretion and expediency in the enforcement of planning controls’ Town Planning Review 81 675 700 Google Scholar

HM GOVERNMENT (2005), Securing the future: The UK Government Sustainable Development Strategy, London, HM Government. Google Scholar

HOGG, M. A. and VAUGHAN, G. M. (2005), Social Psychology, London, Pearson. Social Psychology Google Scholar

HUMPHREYS, R. (2011), ‘20 years of the ten year period for enforcement: time for reform?’ Jornal of Planning and Environmental Law, 5, 522-26. ‘20 years of the ten year period for enforcement: time for reform?’ Jornal of Planning and Environmental Law 5 522 26 Google Scholar

HUTTER, B. M. (1997), Compliance: Regulation and Environment, Oxford, Clarendon Press. Compliance: Regulation and Environment Google Scholar

HUTTER, B. M. (1998), The Reasonable Arm of the Law?: The Law Enforcement Procedures of Environmental Health Officers, Oxford, Clarendon Press. The Reasonable Arm of the Law?: The Law Enforcement Procedures of Environmental Health Officers Google Scholar

HUTTER B. M. (2011), ‘Understanding the new regulatory governance: business perspectives’, Law & Policy, 33, 459-76. ‘Understanding the new regulatory governance: business perspectives’ Law & Policy 33 459 76 Google Scholar

JOHN, P., COTTERILL, S., MOSELEY, A., RICHARDSON, L., SMITH, G., STOKER, G. and WALES, C. (2011), Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour, London, Bloomsbury Academic Publishing. Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour Google Scholar

KANNIMEN, T. (2013), Crisis of Global Sustainability, Oxon, Routledge. Crisis of Global Sustainability Google Scholar

KNOX, C. G. and CARMICHAEL, P. (2005), ‘Devolution - the Northern Ireland way: an exercise in "creative ambiguity"’, Environment and Planning C: Government and Policy, 23, 63-83. ‘Devolution - the Northern Ireland way: an exercise in "creative ambiguity"’ Environment and Planning C: Government and Policy 23 63 83 Google Scholar

LAW SOCIETY (2011), The Ten Year Period for Enforcement: Is it Really Time for Reform? London, London Law Society. Google Scholar

MABBETT, D. (2012), ‘The ghost in the machine: pension risks and regulatory responses in the United States and the United Kingdom’, Politics & Society, 40, 107-29. ‘The ghost in the machine: pension risks and regulatory responses in the United States and the United Kingdom’ Politics & Society 40 107 29 Google Scholar

MACAULAY INSTITUTE (2005), Consultation Response from the Macaulay Land Use Research Institute, Aberdeen, MAURI. Google Scholar

MACRORY REPORT (1970), The Report of the Review Body on Local Government in Northern Ireland Cmd 546, Belfast, HMSO. Google Scholar

MCALISTER, K. (2012), ‘Evidence and ethics in infrastructure planning’, International Journal of Applied Science and Technology, 2, 36-49. ‘Evidence and ethics in infrastructure planning’ International Journal of Applied Science and Technology 2 36 49 Google Scholar

MCKAY, S. (2012), ‘The enforcement problem’ (paper presented at the Enforcement Summit organised by the Minister for the Environment, Church House, Belfast, 25 June). ‘The enforcement problem’ Google Scholar

MCKAY, S. and ELLIS, G. (2005), ‘Reparation or retribution: an investigation into regulatory compliance in planning’, Environment and Planning A, 37, 1249-62. ‘Reparation or retribution: an investigation into regulatory compliance in planning’ Environment and Planning A 37 1249 62 Google Scholar

MILLICHAP, D. (1995), The Effective Enforcement of Planning Controls, 2nd edn, London, Butterworths. The Effective Enforcement of Planning Controls Google Scholar

MURTAGH, B. and SHIRLOW, P. (2012) ‘Devolution and the Politics of development in Northern Ireland’, Environment and Planning C: Government and Policy, 30, 46-61. ‘Devolution and the Politics of development in Northern Ireland’ Environment and Planning C: Government and Policy 30 46 61 Google Scholar

NEWMAN, P. and THORNLEY, A. (1996), Urban Planning in Europe, London, Routledge. Urban Planning in Europe Google Scholar

NYE, J. S., JR (1990), Bound to Lead: The Changing Nature of American Power, New York, Basic Books. Bound to Lead: The Changing Nature of American Power Google Scholar

NYE, J. S., JR (2004), Soft Power: The Means to Success in World Politics, New York, Public Affairs. Soft Power: The Means to Success in World Politics Google Scholar

PIERSON, J. and VICKERMAN, R. (2008), ‘The London congestion charging scheme: the evidence’, in C. Jensen-Butler (ed.), Road Pricing, The Economy and the Environment, Berlin Heidelberg, Springer Verlag, 79-91. Road Pricing, The Economy and the Environment 79 91 Google Scholar

PRIOR, A. (2000), ‘Problems in the theory and practice of planning enforcement’, Planning Theory & Practice, 1, 53-69. ‘Problems in the theory and practice of planning enforcement’ Planning Theory & Practice 1 53 69 Google Scholar

RUSH, D., MACINTYRE, S., MCKAY, J. and MCKAY, S. (2012), ‘Conundrums in conservation: complexity in control’, Urban Studies Research, 1, 1-14. ‘Conundrums in conservation: complexity in control’ Urban Studies Research 1 1 14 Google Scholar

THALER, R. and SUNSTEIN, C. (2008), Nudge: Improving Decisions about Health, Wealth and Happiness, New Haven, Yale University Press. Nudge: Improving Decisions about Health, Wealth and Happiness Google Scholar

VAN DER LINDEN, S. (2011), Review of Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour, London, LSE. Review of Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour Google Scholar

AYRES, I. and BRAITHWAITE, J. (1992), Responsive Regulation, Oxford, Oxford University Press. Responsive Regulation Google Scholar

BALDWIN, R. and BLACK, J. (2008), ‘Really responsive regulation’, Modern Law Review, 71, 59-94. ‘Really responsive regulation’ Modern Law Review 71 59 94 Google Scholar

BALDWIN, R. and CAVE, M. (1999), Understanding Regulation, Oxford, Oxford University Press. Understanding Regulation Google Scholar

BENDASOLLI, P. (2013), ‘Theory building in qualitative research: reconsidering the problem of induction’, Forum: Qualitative Social Research, 14, 1-14. ‘Theory building in qualitative research: reconsidering the problem of induction’ Forum: Qualitative Social Research 14 1 14 Google Scholar

BETTER REGULATION EXECUTIVE (2010), Reducing Regulation Made Simple, London, HMG. Google Scholar

BLAIKIE, N. (2012), Approaches to Social Enquiry, 2nd edn, London, Polity. Approaches to Social Enquiry Google Scholar

BRAND, C. (1988), Enforcement of Planning Control, 2nd edn, London, Longman. Enforcement of Planning Control Google Scholar

BURBY, R., MAY, P. and PATERSON, R. C. (1998), ‘Improving compliance with regulations: choices and outcomes for local government’, APA Journal, 64, 324-34. ‘Improving compliance with regulations: choices and outcomes for local government’ APA Journal 64 324 34 Google Scholar

CABINET OFFICE (2013), ‘Partners in Washington to build on BIT work’. http://blogs.cabinetoffice.gov.uk/behavioural-insights-team/2013/08/09/partners-in-washington-to-build-on-bit-work/ Google Scholar

CARRINGTON, D. (2012), Slashing of Environment Red Tape is Far from Over, London, Guardian Media. Slashing of Environment Red Tape is Far from Over Google Scholar

DOE (DEPARTMENT OF THE ENVIRONMENT) (1998), Enforcing Planning Control (The Carnwath Report), London, HMSO. Google Scholar

DOENI (DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND) (1998), General Principles, Belfast, DOENI. Google Scholar

DOENI (DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND) (2003), Report into Compliance with Planning Conditions, Belfast, DOENI. Google Scholar

DOENI (DEPARTMENT OF THE ENVIRONMENT FOR NORTHERN IRELAND) (2009), Reform of the Planning System in NI: Your Chance to Influence Change, Belfast, DOENI. Google Scholar

 Google Scholar

DOBRY, G. (1975), The Dobry Report: Review of the Development Control System: Interim Report, London, HMSO. The Dobry Report: Review of the Development Control System: Interim Report Google Scholar

DOBSON, A. (2007), ‘Environmental citizenship: towards sustainable development’, Sustainable Development, 15, 276-85. ‘Environmental citizenship: towards sustainable development’ Sustainable Development 15 276 85 Google Scholar

EUROPEAN COMMISSION (2010), Action Programme for Reducing Administrative Burdens in the EU, Brussels, European Commission. Google Scholar

EUROPEAN COMMISSION (2013), Reducing the Administrative Burden - Results, Brussels, European Commission. Google Scholar

FEKETEKUTY, G. (2010) Needed: A new approach to reduce regulatory barriers to trade http://www.voxeu.org/index.php?q=node/5208 Google Scholar

FOE (FRIENDS OF THE EARTH) (2011), Public and Stakeholder Opinion of the Northern Ireland Planning System, Belfast, Friends of the Earth. Google Scholar

HARRIS, N. (2010), ‘Discretion and expediency in the enforcement of planning controls’, Town Planning Review, 81, 675-700. ‘Discretion and expediency in the enforcement of planning controls’ Town Planning Review 81 675 700 Google Scholar

HM GOVERNMENT (2005), Securing the future: The UK Government Sustainable Development Strategy, London, HM Government. Google Scholar

HOGG, M. A. and VAUGHAN, G. M. (2005), Social Psychology, London, Pearson. Social Psychology Google Scholar

HUMPHREYS, R. (2011), ‘20 years of the ten year period for enforcement: time for reform?’ Jornal of Planning and Environmental Law, 5, 522-26. ‘20 years of the ten year period for enforcement: time for reform?’ Jornal of Planning and Environmental Law 5 522 26 Google Scholar

HUTTER, B. M. (1997), Compliance: Regulation and Environment, Oxford, Clarendon Press. Compliance: Regulation and Environment Google Scholar

HUTTER, B. M. (1998), The Reasonable Arm of the Law?: The Law Enforcement Procedures of Environmental Health Officers, Oxford, Clarendon Press. The Reasonable Arm of the Law?: The Law Enforcement Procedures of Environmental Health Officers Google Scholar

HUTTER B. M. (2011), ‘Understanding the new regulatory governance: business perspectives’, Law & Policy, 33, 459-76. ‘Understanding the new regulatory governance: business perspectives’ Law & Policy 33 459 76 Google Scholar

JOHN, P., COTTERILL, S., MOSELEY, A., RICHARDSON, L., SMITH, G., STOKER, G. and WALES, C. (2011), Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour, London, Bloomsbury Academic Publishing. Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour Google Scholar

KANNIMEN, T. (2013), Crisis of Global Sustainability, Oxon, Routledge. Crisis of Global Sustainability Google Scholar

KNOX, C. G. and CARMICHAEL, P. (2005), ‘Devolution - the Northern Ireland way: an exercise in "creative ambiguity"’, Environment and Planning C: Government and Policy, 23, 63-83. ‘Devolution - the Northern Ireland way: an exercise in "creative ambiguity"’ Environment and Planning C: Government and Policy 23 63 83 Google Scholar

LAW SOCIETY (2011), The Ten Year Period for Enforcement: Is it Really Time for Reform? London, London Law Society. Google Scholar

MABBETT, D. (2012), ‘The ghost in the machine: pension risks and regulatory responses in the United States and the United Kingdom’, Politics & Society, 40, 107-29. ‘The ghost in the machine: pension risks and regulatory responses in the United States and the United Kingdom’ Politics & Society 40 107 29 Google Scholar

MACAULAY INSTITUTE (2005), Consultation Response from the Macaulay Land Use Research Institute, Aberdeen, MAURI. Google Scholar

MACRORY REPORT (1970), The Report of the Review Body on Local Government in Northern Ireland Cmd 546, Belfast, HMSO. Google Scholar

MCALISTER, K. (2012), ‘Evidence and ethics in infrastructure planning’, International Journal of Applied Science and Technology, 2, 36-49. ‘Evidence and ethics in infrastructure planning’ International Journal of Applied Science and Technology 2 36 49 Google Scholar

MCKAY, S. (2012), ‘The enforcement problem’ (paper presented at the Enforcement Summit organised by the Minister for the Environment, Church House, Belfast, 25 June). ‘The enforcement problem’ Google Scholar

MCKAY, S. and ELLIS, G. (2005), ‘Reparation or retribution: an investigation into regulatory compliance in planning’, Environment and Planning A, 37, 1249-62. ‘Reparation or retribution: an investigation into regulatory compliance in planning’ Environment and Planning A 37 1249 62 Google Scholar

MILLICHAP, D. (1995), The Effective Enforcement of Planning Controls, 2nd edn, London, Butterworths. The Effective Enforcement of Planning Controls Google Scholar

MURTAGH, B. and SHIRLOW, P. (2012) ‘Devolution and the Politics of development in Northern Ireland’, Environment and Planning C: Government and Policy, 30, 46-61. ‘Devolution and the Politics of development in Northern Ireland’ Environment and Planning C: Government and Policy 30 46 61 Google Scholar

NEWMAN, P. and THORNLEY, A. (1996), Urban Planning in Europe, London, Routledge. Urban Planning in Europe Google Scholar

NYE, J. S., JR (1990), Bound to Lead: The Changing Nature of American Power, New York, Basic Books. Bound to Lead: The Changing Nature of American Power Google Scholar

NYE, J. S., JR (2004), Soft Power: The Means to Success in World Politics, New York, Public Affairs. Soft Power: The Means to Success in World Politics Google Scholar

PIERSON, J. and VICKERMAN, R. (2008), ‘The London congestion charging scheme: the evidence’, in C. Jensen-Butler (ed.), Road Pricing, The Economy and the Environment, Berlin Heidelberg, Springer Verlag, 79-91. Road Pricing, The Economy and the Environment 79 91 Google Scholar

PRIOR, A. (2000), ‘Problems in the theory and practice of planning enforcement’, Planning Theory & Practice, 1, 53-69. ‘Problems in the theory and practice of planning enforcement’ Planning Theory & Practice 1 53 69 Google Scholar

RUSH, D., MACINTYRE, S., MCKAY, J. and MCKAY, S. (2012), ‘Conundrums in conservation: complexity in control’, Urban Studies Research, 1, 1-14. ‘Conundrums in conservation: complexity in control’ Urban Studies Research 1 1 14 Google Scholar

THALER, R. and SUNSTEIN, C. (2008), Nudge: Improving Decisions about Health, Wealth and Happiness, New Haven, Yale University Press. Nudge: Improving Decisions about Health, Wealth and Happiness Google Scholar

VAN DER LINDEN, S. (2011), Review of Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour, London, LSE. Review of Nudge, Nudge, Think, Think: Experimenting with Ways to Change Civic Behaviour Google Scholar

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Author details

McKay, Stephen

Murray, Michael

McKay, Stephen

Murray, Michael