Nationalising Development Rights: The Feudal Origins of the British Planning System
Philip Booth
The planning system that was formalised in Britain the 1947 Town and Country Planning Act is distinctive for way which it explicitly nationalised rights to future development distinguished between physical land-use change. Contingent causes these characteristics can be found experience of first half 20th century turn developed from sanitary legislation 19th century. There are, however, more fundamental reasons British constituted. In this paper I argue nationalisation separation land use building have their conceptual roots medieval property law. As a colonial state period after Norman Conquest, England saw imposition feudal law its purest form. such system, owners were denied absolute kind available under Roman derivatives. Legal theorists doctrine estate gave concrete existence limited all those with an interest given parcel (those tenure). Present could distinguished. This conceptualising profound consequences not only relations but also emerging It created unprecedented control over changes land, had some significant disadvantages.
Environment and Planning B: Planning and Design