ABSTRACT
The history of town and country planning has been described as one in which landowners’ rights to develop their land as they might wish have been progressively ‘nationalise’. 1 And since planning entails one of the most obvious invasions of the rights of property owners, there are strong reasons for deferring its discussion until Chapter 7. However, some idea of the structure of the UK planning system is necessary in order to understand many of the issues which are raised in preceding chapters. Coupled with this vast erosion of proprietorial rights there are a large number of powers exercised by local planning authorities in the interests of their inhabitants. In addition, there are various procedural rights which private individuals can invoke in order to influence the planning process. Much of town planning's ever-expanding case law has originated in appeals brought by third parties. Public inquiries, associated with appeals against refusal of planning consent, have often become the forum in which more substantive issues have been debated.
