Informality and fairness: Unlikely partners in the planning appeal? Dyason, mediation and informality

Journal of Planning and Environment Law

Volumn , Issue FEB., 1999, Pages 106-111

  Stubbs, Michael ^a  

^a OXFORD BROOKES UNIVERSITY   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 33745565466     PISSN: 03074870     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (18)

1. 1998 J.P.L. 778.
2. In particular sec [1998] J.P.L. 778 for the case law report and [1998] J.P.L. 786, for comment.
3. 1998 J.P.L. D28.
4. (1998) 142 S.J. 26.
5. Planning, February 20, 1998, p. 5.
6. 1998 J.P.L. 786.
7. S. Crow, "The Inspector as Inquisitor? Some reflections on Dyasan and Informal Hearings" [1998] J.P.L. 825-836.
8. ADR. is often compared to traditional litigation or adjudication by reference to the outcome of the dispute, with the former as "win-win" and latter as "win-lose". This assumes the mediation results in a settlement between the parties. My research has led me to suggest that this occurs in around two-thirds of planning mediations in the Land and Environment Court of New South Wales. For a report of this work see (1997) 2 International Planning Studies 347-364.
9. C. Shepley, Mediation in the Plannig System, paper presented toRTPI North West Branch, October 15,1996 and published in [1997] Planning Inspectorate Journal 9-14.
10. Department of the Environment, Consultation Paper on Planning Appeals (London: DoE, 1997).
11. Reported in Planning May 22, 1998, p. 5
12. and Tlie Laujer, June 2, 1998, p. 3.
13. Also set on our Circular 15/96, Annex 2.
14. DETR Press Release 384/ENV, May 15, 1998.
15. D. Franks, Report on the Committee on Administrative Tribunals and Inquiries (HMSO, Comnd. 218, 1957).
16. DETR consultation papers on Modernising Planning, dealing with Impwing Planning Apped Procedures (August 1998)
17. and 77ie Recovery of Costs of Public Local Inquiries Hell into Planning Matters (July 1998).
18. Speaking at the Oxford Planning Law Conference of the RICS, Bar Council and Law Society, September 1988.