Role of Planning Law in Environmental Law PDF

ROLE OF PLANNING LAW IN ENVIRONMENTAL LAW UNIT SIX  Planning Law and Planning Control is primarily concerned with the type and location of new development and changes of use Once broad land use have been sanctioned by the planning process, it is the job of pollution control to li...

ROLE OF PLANNING LAW IN ENVIRONMENTAL LAW UNIT SIX  Planning Law and Planning Control is primarily concerned with the type and location of new development and changes of use Once broad land use have been sanctioned by the planning process, it is the job of pollution control to limit the adverse effects that operation may have on the environment Sanctioned by Local Authoritie  History of Planning Law  Came from the effects of World War  Need to Plan the building of cities in England after mass destruction  Determination of type of use  Town Planning Act of 1949 in England  Planning Law in Zambia  Modelled from the British Law- Town and Country Planning Act  Provided for creation of local authorities  Local Authorities specific to a particular jurisdiction or particular area e.g Lusaka City Council  Mandatory to get a planning permission before working on a project  Planning permission in relation with the Environmental Impact Assessment  Both require public participation  MOTOR TRADERS ASSOCIATION OF CENTRAL AFRICA AND OTHERS V MUNICIPAL COUNCIL OF MUFULIRA Urban and Regional Planning Act NO. 3 of 2015 Current legislation for the purposes of Planning Law in Zambia Shows direct relationship between planning law and environmental law Preamble provides for public participation Highlights the principle of sustainable development by providing for social and economic sustainability in development activities Section 2- the Act to work hand in hand with the Environmental Management Act when dealing with planning law Section 3(e) Planning Authority to take into account the environment and ecological factors of a particular area in planning  Section 3(1) (c) planning procedures shall incorporate environmental standards and requirements specified in any law relating to the environment and natural resources; Section 52 (3) in considering an application for a development permit take into account the Environmental Agency, whether the proposed development is likely to have adverse environmental effects. Relationship between Planning Law and Environmental Law GATEHEAD MBC V SECRETARY OF STATE FOR ENVIRONMENT Env. L.R.37 Glidewell L.J:stated that the government will guide the relationship between pollution control and planning control and further stated that planning control is primarily concerned with the type and location of new development and change of use, once broad land uses have been sanctioned by the planning process, it is the job of pollution control to limit the adverse effects that operations may have on the environment “it is not the job of the planning system to duplicate controls which are the statutory responsibility of other bodies”. Planning system to be carried out by a responsible department 1990 White Paper This Common Inheritance “Planning control is primarily concerned with the type and location of new development and changes of use. Once broad land uses have been sanctioned by the planning process, it is the job of pollution control to limit the adverse effects that operations may have on the environment. But in practice there is common ground. In considering whether to grant planning permission for a particular development, a local authority must consider all the effects, including potential pollution; permission should not be granted if that might expose people to danger. And a change in an industrial process may require planning permission as well as approval under the environmental Similarities between Planning Law and Environmental Law There are both regulated by legislation They are both aimed at controlling what happens in the environment Both use the principle of public participation before a decision is made They both enhance sustainable development They both have a regulatory authority, local authority vs ZEMA Key Differences between Planning Law and Environmental Law  Both use different legislation  One is aimed at planning and the other is used for regulating the effects of planning  Planning law occurs on a once off basis, meaning that you need not to renew the licence, whereas for environmental law you need to renew the licence e.g Section 34 Environmental Management Act- emission licence  Environmental licences are often personal (conditional ) ( fit and proper ) whereas planning law there is no need to be fit or proper to be granted a licence, focus is on the land  Licence under planning law, once granted is transferable to the next person (conveyancing) whereas environmental law, the person dies with the licence. Regulating Authority Section 13 Urban and Regional Planning Act provides for the establishment of Local Authorities as local planning authorities Meaning of Development Section 2 Urban and Regional Planning Act The carrying out of any building, rebuilding, mining or other works, or operations on or under land including the subdivision of land or change of use Development Plans Section 2 of the Urban and Regional Planning Act National Planning Framework, Regional development plan, provincial development plan, integrated development plan, local area plan and sectoral plan Exemptions from the need of planning permission Do not constitute development Constitute development, permission is granted for those activities by legislation. Distinction between Structure Plans and Local Plans Structure plans are prepared in relation to a substantial region, such as a whole country whereas local plans Local plans translate the broad strategic issues dealt with in the structure plan into specific detailed policies and proposals. Environmental Considerations in Development Plans Widest sense in plan preparation. Pollution control planning for healthier cities Public participation and debate open for the public MOTOR TRADERS ASSOCIATION OF AFRICA V MUNICIPLA OF MUFULIRA Reconciling conflicts between the need for development and the need to protect the environment. Consulting Environmental Agency- ZEMA Environmental Considerations in Planning Policy Sustainable development - specific policies Transport - housing, employment, retail, leisure education – reduce travel Renewable energy Nature and Landscape conservation- can significantly restrict new development. guiding principle of government policy - development in the countryside should benefit the rural economy, as well as maintaining or enhancing the environment. Definition of planning control and respective aims Control mechanisms are there to prevent breaches of planning control. These are methods used by the planning authorities to remedy breaches done after the issuance of a planning permit The aim of the planning control is to obtain information so as to resolve the matter amicably. Failure to provide information can result in a fine This is done through numerous notices issued by the planning authority END