Public development projects and the historic built environment: comparing the English and Amercian approach
Shelbourne, C.
Public development projects and the historic built environment: comparing the English and Amercian approach - 2003 - Journal of Planning and Environment Law June 2003, 678-689(12) .
Examines the provisions governing public development projects affecting the historic built environment in England and the United States. Explains that there are no statutory limitations on government projects within the development control process in England; instead governments rely on DoE Circular 18/84, "Crown land and crown development". Outlines the requirements of DoE Circular 18/84 and describes how it applies to the specialist controls over the historic built environment. Notes that major infrastructure projects are an exception to the general rules and looks at the SoS's power to make Works Orders under the Transport and Works Act 1992. In the United States the situation is very different with government development proposals subjected to tight statutory controls. Explains the requirements of the National Heritage Preservation Act 1966 s106 in detail and concludes that the US system is superior as it provides a comprehensive review of the likely impact of the project on the historic environment and is integrated into the planning process. Case law.
UNITED STATES
TRANSPORT AND WORKS ACT 1992
CONSERVATION
DOE CIRCULAR 18/1984
CROWN IMMUNITY
NATIONAL HERITAGE PRESERVATION ACT 1966 S106
PUBLIC DEVELOPMENT
DEVELOPMENT PROJECTS
INFRASTRUCTURE PROJECTS
HISTORIC ENVIRONMENT
BUILT ENVIRONMENT
LISTED BUILDINGS
Public development projects and the historic built environment: comparing the English and Amercian approach - 2003 - Journal of Planning and Environment Law June 2003, 678-689(12) .
Examines the provisions governing public development projects affecting the historic built environment in England and the United States. Explains that there are no statutory limitations on government projects within the development control process in England; instead governments rely on DoE Circular 18/84, "Crown land and crown development". Outlines the requirements of DoE Circular 18/84 and describes how it applies to the specialist controls over the historic built environment. Notes that major infrastructure projects are an exception to the general rules and looks at the SoS's power to make Works Orders under the Transport and Works Act 1992. In the United States the situation is very different with government development proposals subjected to tight statutory controls. Explains the requirements of the National Heritage Preservation Act 1966 s106 in detail and concludes that the US system is superior as it provides a comprehensive review of the likely impact of the project on the historic environment and is integrated into the planning process. Case law.
UNITED STATES
TRANSPORT AND WORKS ACT 1992
CONSERVATION
DOE CIRCULAR 18/1984
CROWN IMMUNITY
NATIONAL HERITAGE PRESERVATION ACT 1966 S106
PUBLIC DEVELOPMENT
DEVELOPMENT PROJECTS
INFRASTRUCTURE PROJECTS
HISTORIC ENVIRONMENT
BUILT ENVIRONMENT
LISTED BUILDINGS