Town Planning Review

Planning and health: defining the limitations of regulation and the discretionary context at the micro/site scale

Town Planning Review (2021), 92, (5), 561–586.

Abstract

Planning, at its most basic, is about making better places. In recent years, there has been a positive renewed focus on strengthening the links between planning and the promotion of well-being and good health outcomes. This is a welcome emphasis with origins relatable to the health narrative in the 1909 Housing and Town Planning Etc. Act. Within the post-1947 Town and Country Planning Act context, planning in some respects regressed to a land-use and infrastructure focus, with health considerations limited to physical-health infrastructure provisions and environmental/amenity considerations. This relatively recent ’reuniting‘ of planning and health is one way in which planning has been expressly identified as central to the ability of the state to improve the quality of life of the people. This is based on two implicit assumptions. First, that the characteristics of the built environment have an impact on the health of the population, and second, that planning, via its current policy, regulatory and legislative provisions, has the right tools to achieve positive on-the-ground changes in relation to this. The first aspect of this is well established through a public-health evidence base; the second, however, remains substantively under-researched as part of a broader lack of attention paid to the regulatory or development management aspect of planning. This article begins to address this deficit by examining the manner in which issues of health are or are not encompassed in decision making on the site scale by looking at appeal decisions into the location of fast-food outlets. By so doing, it challenges some of the assumptions inherent in policy aspirations and calls for a renewed and detailed investigation of the tools needed to achieve such good intentions on the ground.

Access Token
£25.00
READ THIS ARTICLE
If you have private access to this content, please log in with your username and password here

References

ALDRIDGE, H. (1915), The Case for Town Planning, London, National Housing and Town Planning Council. Google Scholar

ALEXANDER, E.R. (2002), ‘The public interest in planning: from legitimation to substantive plan evaluation’, Planning Theory, 1, 226-49. Google Scholar

BARTON, H. (2016), City of Well-Being: A Radical Guide to Planning, Abingdon, Routledge. Google Scholar

BBC (2016), ‘“Shocking” sugar levels in high street hot drinks, warns charity’, www.bbc.co.uk/news/health-35593007 (accessed 18 January 2021). Google Scholar

BBC (2019), ‘Harlow MP describes office block re-housing as “social cleansing”’, https://www.bbc.co.uk/news/uk-england-essex-47859359 (accessed 18 January 2021). Google Scholar

BEATLEY, T., JONES, C. and RAINEY, R. (2018), Healthy Environments, Healing Spaces: Practices and Directions in Health, Planning, and Design, Charlottesville, University of Virginia Press. Google Scholar

BEN CAVE ASSOCIATES (2014), Betting, Borrowing and Health: Health Impacts of Betting Shops and Payday Loan Shops in Southwark, London, Southwark Council. Google Scholar

BOOTH, P. (2002), ‘A desperately slow system? The origins and nature of the current discourse on development control’, Planning Perspectives, 17, 309-23. Google Scholar

BOOTH, P. (2003), Planning by Consent: The Origins and Nature of British Development Control, London, Routledge. Google Scholar

BOOTH, P. (2007), ‘The control of discretion: planning and the common law tradition’, Planning Theory, 6, 127-45. Google Scholar

BOOTH, P. and HUXLEY, M. (2012), ‘1909 and all that: reflections on the Housing, Town Planning, Etc. Act 1909’, Planning Perspectives, 17, 309-23. Google Scholar

BOOTH, R. (2017), ‘“Dog kennel” flats in Barnet will be 40% smaller than Travelodge room’, https://www.theguardian.com/society/2017/mar/27/dog-kennel-flats-barnet-housesmaller-than-travelodge-room (accessed 18 January 2021). Google Scholar

BRUZZONE, V. (2019), ‘The moral limits of autonomous democracy for planning theory: a critique of Purcell’, Planning Theory, 18, 82-99. Google Scholar

BURGOINE, T., LAKE, A., STAMP, E., ALVANIDES, S., MATHERS, J. and ADAMSON, J. (2009), ‘Changing foodscapes 1980-2000, using the ASH30 study’, Appetite, 53, 157-65. Google Scholar

CABINET OFFICE/DEPARTMENT FOR INTERNATIONAL DEVELOPMENT (2018), ‘Implementing the Sustainable Development Goals - December 2017’, https://www.gov.uk/government/publications/implementing-the-sustainable-development-goals/implementing-the-sustainable-development-goals (accessed 18 January 2021). Google Scholar

CAMPBELL, H. (2006), ‘Just planning: the art of situated ethical judgment’, Journal of Planning Education and Research, 26, 92-106. Google Scholar

CAMPBELL, H. and MARSHALL, R. (2000a), ‘Moral obligations, planning, and the public interest: a commentary on current British practice’, Environment and Planning B: Planning and Design, 27, 297-312. Google Scholar

CAMPBELL, H. and MARSHALL, R. (2000b), ‘Public involvement and planning: looking beyond the one to the many’, International Planning Studies, 5, 321-44. Google Scholar

CAMPBELL, H. and MARSHALL, R. (2002), ‘Utilitarianism’s bad breath? A re-evaluation of the public interest justification for planning’, Planning Theory, 1, 163-87. Google Scholar

CARMICHAEL, L., BARTON, H., GRAY, S. and LEASE, H. (2013). ‘Health-integrated planning at the local level in England: impediments and opportunities’, Land Use Policy, 31, 259-66. Google Scholar

CORBURN, J. (2009), Toward the Healthy City: People, Places, and the Politics of Urban Planning, Cambridge, MA, MIT Press. Google Scholar

CULLINGWORTH, B., NADIN, V., HART, T., DAVOUDI, S., PENDLEBURY, J., VICAR, G., WEBB, D. and TOWNSHEND, T. (2015), Town and Country Planning in the UK, Abingdon, Routledge. Google Scholar

DONALDSON, S. (2018), ‘Pioneering cumulative impact policy in Newham’, https://www.local.gov.uk/sites/default/files/documents/Pioneering%20Cumulative%20Impact%20 Policy%20in%20Newham%20-%20Sophie%20Donaldson.pdf (accessed 18 January 2021). Google Scholar

DONNELLY, M. (2018), ‘“Successful” office-to-resi policy “at risk” from planners who “resent loss of control”’, https://www.planningresource.co.uk/article/1493995/successful-officeto-resi-policy-at-risk-planners-resent-loss-control (accessed 18 January 2021). Google Scholar

ELLIS, H. (2020), ‘Forward to the wrong answer to the wrong questions’, https://www.tcpa.org.uk/the-wrong-answers-to-the-wrong-questions (accessed 18 January 2021). Google Scholar

FREESTONE, R. and WHEELER, A. (2015), ‘Integrating health into town planning’, in H. Barton, S. Thompson, S. Burgess and M. Grant, The Routledge Handbook of Planning for Health and Well-Being, Abingdon, Routledge, 17-36. Google Scholar

GATESHEAD COUNCIL (2015), ‘Hot food takeaway supplementary planning document’, https://www.gateshead.gov.uk/article/3089/Hot-food-takeaway-Supplementary-Planning-DocumentFrom (accessed 18 January 2021). Google Scholar

HARRIS, N. (2015), ‘The use of surveillance technologies in planning enforcement’, Planning Practice and Research, 30, 528-47. Google Scholar

HARRIS, N. (2017), ‘Enforcing planning regulations in areas of high immigration: a case study of London’, Town Planning Review, 88, 499-529. Google Scholar

HARRIS, N.R. (2010). ‘Discretion and expediency in the enforcement of planning controls’, Town Planning Review, 81, 675-700. Google Scholar

HARRIS, N.R. (2011). ‘Discipline, surveillance, control: a Foucaultian perspective on the enforcement of planning regulations’, Planning Theory and Practice, 12, 57-76. Google Scholar

HARRIS, N.R. (2013). ‘Surveillance, social control and planning: citizen engagement in the detection and investigation of breaches of planning control’, Town Planning Review, 84, 171-96. Google Scholar

HARRIS, N. R., THOMAS, A.H. and SARTORIO, F. (2012), ‘A new approach to managing development: towards a Welsh Planning Act. Project report’, http://gov.wales/topics/planning/planningresearch/publishedresearch/anewapproach/?lang=en (accessed 18 January 2021). Google Scholar

HARVEY, E. (2018) ‘The case for and against office conversions to ease the housing crisis …’, https://www.buyassociation.co.uk/2018/01/23/case-for-against-conversionsease-housing-crisis/ (accessed 18 January 2021). Google Scholar

HORNER, A. (2018). ‘More takeaways on high street despite anti-obesity push’, https://www.bbc.co.uk/news/uk-45875294 (accessed 18 January 2021). Google Scholar

JONES, R. (2018) ‘As small as 13 sq metres: are these the worst new flats in Britain?’, https://www.theguardian.com/money/2018/aug/25/flats-block-converting-offices-living-space (accessed 18 January 2021). Google Scholar

KIDD, S. (2007), ‘Towards a framework of integration in spatial planning: an exploration from a health perspective’, Planning Theory and Practice, 8, 161-81. Google Scholar

LAURIA, M. and LONG, M. (2019), ‘Ethical dilemmas in professional planning practice in the United States’, Journal of the American Planning Association, 85, 393-404. Google Scholar

LBBD (LONDON BOROUGH OF BARKING AND DAGENHAM) (2010) Saturation Point: Addressing the Health Impacts of Hot Food Takeaways Supplementary Planning Document, https://www.lbbd.gov.uk/sites/default/files/attachments/Saturation-Point-SPD-Addressing-the-Health-Impacts-of-Hot-Food-Takeaway.pdf (accessed 18 January 2021). Google Scholar

LENNON, M. (2017), ‘On “the subject” of planning’s public interest’, Planning Theory, 16, 150-68. Google Scholar

LENNON, M. (2019), ‘On issues of plurality and practice in considering planning’s public interest’, Planning Theory, 18, 265-68. Google Scholar

LENNON, M., DOUGLAS, O. and SCOTT, M. (2019), ‘Responsive environments: an outline of a method for determining context sensitive planning interventions to enhance health and wellbeing’, Land Use Policy, 80, 68-78. Google Scholar

LENNON, M. and FOX-ROGERS, L. (2017), ‘Morality, power and the planning subject’, Planning Theory, 16, 364-83. Google Scholar

LEWIS, N. (2019), ‘Is Brokenshire planning to end office-to-residential conversions?’, https://thenegotiator.co.uk/permitted-development-office-residential-review/ (accessed 18 January 2021). Google Scholar

LGA (LOCAL GOVERNMENT ASSOCIATION) (2016), ‘Tipping the scales’, https://www.local.gov.uk/tipping-scales (accessed 18 January 2021). Google Scholar

LGA (LOCAL GOVERNMENT ASSOCIATION) (2018) ‘10,000 affordable homes potentially lost through office conversions’, https://www.local.gov.uk/about/news/10000-affordablehomes-potentially-lost-through-office-conversions (accessed 18 January 2021). Google Scholar

LONDON COUNCILS (2015), The Impact of Permitted Development Rights for Office to Residential Conversions: A London Councils Briefing, London, London Councils. Google Scholar

McCLYMONT, K. (2014), ‘Stuck in the process, facilitating nothing? Justice, capabilities and planning for value-led outcomes’, Planning Practice and Research, 29, 187-201. Google Scholar

McCLYMONT, K. (2019), ‘Articulating virtue: planning ethics within and beyond post politics’, Planning Theory, 18, 282-99. Google Scholar

McCLYMONT, K. and SHEPPARD, A. (2020), ‘Credibility without legitimacy? Informal development in the highly regulated context of the United Kingdom’, Cities, 97, 102520. Google Scholar

MAKWANA, R. (2019), ‘Can dark kitchens really deliver?’, Property Week, https://www.propertyweek.com/insight/can-dark-kitchens-really-deliver/5105181.article (accessed 18 January 2021). Google Scholar

MHCLG (MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT) (2015), Technical Housing Standards: Nationally Described Space Standard, London, Ministry of Housing, Communities and Local Government. Google Scholar

MHCLG (MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT) (2018), Ministry of Housing, Communities and Local Government Single Departmental Plan, London, Ministry of Housing, Communities and Local Government. Google Scholar

MHCLG (MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT) (2019) National Planning Policy Framework, London, Ministry of Housing, Communities and Local Government, https://www.gov.uk/government/collections/planning-practice-guidance (accessed 18 January 2021). Google Scholar

MHCLG (MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT) (2020), Planning for the Future, London, Ministry of Housing, Communities and Local Government, https://www.gov.uk/government/consultations/planning-for-the-future (accessed 18 January 2021). Google Scholar

MORONI, S. (2018), ‘The public interest’, in M. Gunder, A. Mandanipour and V. Watson, eds., The Routledge Handbook of Planning Theory, Abingdon and New York, Routledge, 69-80. Google Scholar

MORONI, S. (2019), ‘Constitutional and post-constitutional problems: reconsidering the issues of public interest, agonistic pluralism and private property in planning’, Planning Theory, 18, 5-23. Google Scholar

MURPHY, E. and FOX-ROGERS, L. (2015), ‘Perceptions of the common good in planning’, Cities, 42, 231-41. Google Scholar

NHS (2013) ‘Using the planning system to control hot food takeaways: a good practice guide’, https://www.healthyurbandevelopment.nhs.uk/wp-content/uploads/2013/12/HUDU-Control-of-Hot-Food-Takeaways-Feb-2013-Final.pdf (accessed 18 January 2021). Google Scholar

PARLIAMENTARY DEBATES ON THE HOUSING, TOWN PLANNING ETC. BILL (1908), 188, May 1908. Google Scholar

PHE (PUBLIC HEALTH ENGLAND) (2008), Healthy Weight, Healthy Lives: A Cross Government Strategy for England, https://webarchive.nationalarchives.gov.uk/20100407220245/http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_082378 (accessed 26 March 2021). Google Scholar

PHE (PUBLIC HEALTH ENGLAND) (2018), ‘Obesity and the environment. Department of Health and Social Care’, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/741555/Fast_Food_map.pdf (accessed 18 January 2021). Google Scholar

ROSS, A. and CHANG, M. (2012), Reuniting Health with Planning: Healthier Homes, Healthier Communities. How Planning and Public Health Practitioners Can Work Together to Implement Health and Planning Reform in England, London, Town and Country Planning Association. Google Scholar

SAGOE, C. (2018), ‘Permitted development: at what cost for the delivery of well-sized and genuinely affordable housing?’, https://blog.shelter.org.uk/2018/09/permitted-development-at-what-cost-for-the-delivery-of-well-sized-and-genuinely-affordable-housing/ (accessed 18 January 2021). Google Scholar

SANDERCOCK, L. (1998), Towards Cosmopolis: Planning for Multicultural Cities, Chichester, Wiley. Google Scholar

SARKAR, C., WEBSTER, C. and GALLACHER, J. (2014), Healthy Cities: Public Health through Urban Planning, Cheltenham, Edward Elgar Publishing Ltd. Google Scholar

SHEPPARD, A. and ASKEW, J. (2016), ‘Micro scale health decision making and the challenge of the policy and regulatory construct’ (paper presented at UK-Ireland Planning Research Conference 2016: Planning for Future Generations), https://uwe-repository.worktribe.com/output/908269/micro-scale-health-decision-making-and-the-challenge-of-thepolicy-and-regulatory-construct (accessed 26 March 2021). Google Scholar

SHEPPARD, A., CROFT, N. and SMITH, N. (2019), The Short Guide to Town and Country Planning, Bristol, Policy Press. Google Scholar

SHEPPARD, A., PEEL, D., RICHIE, H. and BERRY, S. (2017), The Essential Guide to Planning Law: Decision-Making and Practice in the UK, Bristol, Policy Press. Google Scholar

STIMSON, M. (2013) ‘Permitted development rights: office to residential conversion’, https://www.shoosmiths.co.uk/client-resources/legal-updates/permitted-development-rightsoffice-residential-conversion-4724.aspx (accessed 18 January 2021). Google Scholar

TAIT, M. (2016), ‘Planning and the public interest: still a relevant concept for planners?’, Planning Theory, 15, 335-43. Google Scholar

UNITED KINGDOM GOVERNMENT (2015), ‘The Town and Country Planning (General Permitted Development) Order 2015 (as Amended)’, http://www.legislation.gov.uk/uksi/2015/596/contents/made (accessed 18 January 2021). Google Scholar

WARD, S.V. (2004), Planning and Urban Change, London, Sage. Google Scholar

If you have private access to this content, please log in with your username and password here

Details

Author details

Sheppard, Adam

McClymont, Katie