Internal Administrative Law Before and After the APA

Taking English Planning Law Scholarship Seriously

“…121 This caution is reinforced by so-called 'special measures': the Secretary of State can 'designate' an LPA that is 'not performing adequately', so that applications for certain planning permissions can be made directly to PINS (on behalf of the Secretary of State). 122 One of the criteria for designation is a very particular approach to 'quality', assessed by reference to successful appeals; if 10 per cent or more of an LPA's decisions are overturned on appeal, the LPA is eligible for designation. 123 Legal frameworks therefore reinforce the strong practical impact of central government policy.…”

“…His work was exclusively about 'physical values and their physical preservation'. 122 More recently, and particularly in the last 20 years, a body of work on critical heritage studies has emerged which asks hard questions about the socio-political complexities that are associated with heritage theory and practice. 123 What we see with our case studies, and queer spaces more generally, is that time as an energising factor, for listing may serve to diminish the potential of the law to protect queer spaces.…”

“…Due to the special heritage designation, participants saw this area as 'the wrong site for a windfarm' 121 and judged the project as being 'totally out of place'. 122 In other representations, this idea of siting a project in the 'wrong place' gave rise to calls for alternative locations and further distance from the coast to be considered.…”

“…NGOs provide expertise in exchange for influence, and their ability to engage with important technical detail can set them apart from other local actors. 122 Kent Wildlife Trust, a local branch of a national NGO, objected strongly in Dover, and national NGOs (the National Trust and the CPRE) engaged vigorously for protection of the local (and more than local) landscape.…”