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This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon of “informal” construction in developing countries. However, advanced-economy countries also encounter illegal development, though at different scales and attributes. Because planning law is at the foundation of land-use and urban policies, it is time that the “orphan” issue of noncompliance be adopted by more researchers to enable cross-national learning. The two OECD countries selected for in-depth analysis – Portugal and Israel – probably fall mid-way in the extent of noncompliance compared with the range among advanced-economy countries. Like most OECD countries, the selected countries have generally viable planning-law systems. Their experiences can thus offer lessons for many more countries. Recognizing the limitations of enforcement mechanisms as prevention, the paper focuses on how each of these countries responds to illegal development.

The method relies on two main sources: analysis of official documents – laws, policies and court decisions in both countries – and field interviews about practice. In both Portugal and Israel, the authors held face-to-face open interviews with lawyers and other professional staff at various government levels. The interviews focused on four issues: the effectiveness of the existing enforcement instruments, the urban consequences of illegal development, the law and policy regarding legalization and the existence of additional deterrent measures.

In both countries, there is a significant phenomenon of illegal development though it is somewhat less in Israel than in Portugal. In both countries, efforts to reduce the phenomenon have been partially effective even though in both, extensive demolition is not exercised. Neither country has adopted a general amnesty policy for existing noncompliance, so both resort to reliance on ex-post revision of statutory plans of granting of variances as a way of legalization. The shared tension between local authorities and national bodies indicates that not enough thought has gone into designing the compliance and enforcement systems. In Israel, a recent legislative amendment enables planning authorities, for the first time, to set their own priorities for enforcement and to distinguish between minor and major infringements. This approach is preferable to the Portuguese law, where there is still no distinction between minor and major infringements. By contrast, Portuguese law and policy are more effective in adopting financial or real-estate based deterrence measures which restrict sale or mortgaging of illegal properties.

There is very little research on noncompliance with planning controls in advanced-economy countries. There is even less research on the legal and institutional responses to this phenomenon. This paper pioneers in creating a framework for looking at alternative types of government responses to illegal construction. The paper is, to the authors’ best knowledge, the first to present a systematic cross-national comparative analysis and critique of such responses. The authors thus hope to expand the view of the possible legal and policy response strategies available to planning authorities in other advanced-economy countries. The comparative perspective will hopefully encourage, expansion of the research to more countries and contribute to the exchange of experiences between jurisdictions.

Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2010] EWCA Civ 26 and Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2011] UKSC 15 (Beesley hereafter) and Fidler v. Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin), Fidler v. Secretary of State for Communities and Local Government [2011] EWCA civ 1159 (Fidler hereafter) are two recent cases concerning deliberately concealed breaches of planning control. The defendants engaged in dishonest and misleading conduct, in an attempt to rely on a loophole within Section 171B of the Town and Country Planning Act 1990 (T&CPA). This study aims to critically analyse two solutions which were created to close the loophole; in addition, this study analyses various alternative remedies that have been suggested, and finally, whether the present law has been sufficient to remedy the situation.

The T&CPA is a key piece of legislation regulating planning controls; Section 171A-C provides the time limits for taking enforcement action against a breach of planning control. To achieve the above purpose, an evaluation of those provisions will be undertaken in detail. Subsequently, this study will analyse two solutions which were created to close the loophole; firstly, the Supreme Court (SC) decision (Welwyn Hatfield Borough Council v. Secretary of State for Communities and Local Government [2011] UKSC 15) and, secondly, the governments’ decision to amend the T&CPA without awaiting the SC’s decision[1].

This research concludes that the government should have awaited the SC’s decision before amending statute to prohibit reliance upon the expiration of time where there is an element of deliberate concealment. Additionally, this study suggests that the statutory amendments were not required in light of the SC’s solution in Beesley. As a result of the governments’ ill-considered decision, uncertainty has permeated through the conveyancing process, causing ambiguity, delays and additional expense in transactions at a time when a precarious property market needs anything but uncertainty.

The scope of this research is limited to deliberate concealment of breaches of planning control and the four-year enforcement period; whilst considering the consequences of the solutions proposed, this study does not provide a detailed overview of the planning system, but rather assumes prior knowledge.

This study offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.

Sustainable values and implementation tools are now more widely included in Australian land use planning and development. Planning agreements are one instrument by which environmental values and preservation can be made more enduring, particularly as planning agreements run with the land. Little has been said about these agreements and the purpose of this paper is to strive to add to the body of knowledge in this area. The aim of this paper is to introduce a contextual framework for planning agreements, drawing on collaborative planning theory and practice. It also demonstrates how planning agreements can been used as a tool to preserve environmental values and principles generally, and more particularly the rich flora and fauna in the surrounding housing estate adjacent to the Royal Botanical Gardens in Cranbourne, Victoria, Australia.

The paper relies on a case study from the municipality of Casey located in the state of Victoria and introduces measures taken, via planning agreements between the municipality and estate developers, to preserve green values and the flora and fauna located in the surrounds of the Royal Botanical Gardens in Cranbourne.

The case study suggests that, whilst the planning agreements may have established excellent procedure and practice to preserve the flora and fauna at the botanic gardens and in its surrounds, the effectiveness of the planning agreements as an environmental preservation tool has limitations. This may be due to the lack of resources for more effective information dissemination and enforcement. Ultimately, it may have to be left to the goodwill of residents to ensure environmental protection of the botanic gardens and its surrounds is maintained.

As the housing estate is still a young development, the case study is an exploratory approach. This leaves open the opportunity for further data to be gathered from estate residents into the effectiveness of the preservation and enforcement of the green values and principles raised in the planning agreements. There is also the opportunity to take the study further to ascertain longitudinally, how respectful original and subsequent owners are of the green values planted in the planning agreements.

The analysis of the case study is instructive, particularly as there is a dearth of literature on how effective planning law agreements are as an environmental preservation and sustainability tool.

This paper was motivated by the absence of a government examination of and professional interest in planning conditions as a means of development control in Hong Kong. Proposes to examine this situation.

The research objective is achieved by a field survey and legal analysis of its findings. The field survey of all the 60 residential development projects in Hong Kong under comprehensive development area zoning subject to conditional planning permissions from 1998 to 2000 involving 119 planning applications was conducted to assess factual compliance with planning conditions.

The findings show that, while most physical planning obligations have been duly fulfilled in these projects, the non‐depositing of master layout plans for development poses actual and potential public domain problems of planning enforcement, building permission, conveyancing and property management. The major problems of non‐compliance are property purchasers being unable to fully appreciate the environment of a development when making a decision to buy; subsequent titles defects, unauthorised building works and operations. Suggestions are made to close the loopholes in planning law and to introduce a formal channel for retrospective rectification in the light of the social consequences of non‐compliance.

This paper is the first serious attempt to evaluate the importance of compliance with planning conditions in Hong Kong and its analysis should be of interest not only to local policy makers and professional people in particular, but also to researchers in comparative development control in general.

The purpose of this paper is to study the traffic‐police enforcement process and develop models to improve enforcement effectiveness given substantial budgetary and resource constraints.

The formulation crosses the concepts of lean manufacturing and linear programming. Traffic police officers, automated machines and the back‐office are modeled in a similar manner to that of a manufacturing plant, working together to achieve ticket production as a function of quantity and quality, based on a preferential ranking of offence types.

Using data from the Israeli traffic police over a six‐year period, the case study shows that given available resources, it is possible to retain ticket quantity whilst significantly improving ticket quality as defined in the road safety literature. The case study shows a 24 per cent increase in quality ticket processing whilst taking into account the court summons constraint and maintaining throughput levels. This draws from changes in the method of ticket‐production, production of warnings rather than tickets in certain cases and the application of new technologies.

The results are limited by the current lack of data and require a cost‐benefit analysis in order to further develop certain parameters.

The application of the approach improves the holistic planning of traffic enforcement activities as well as providing specific details, such as the number and distribution of ticket production.

This research merges three disciplines; operations research, road safety and operations management, generating a methodology for the planning and control of traffic police ticket issuance, which has not been analyzed in the literature to date.

Forced eviction is a topic of growing importance globally, and the purpose of this article is to investigate a much‐publicised recent case involving Gypsies and Travellers in the United Kingdom (not usually a country associated with such actions).

After setting the context of planning enforcement law in the UK, Green Belt and other planning policies, and the status of Gypsies/Travellers as a disadvantaged minority group, the paper traces the history of the Dale Farm eviction over a 25‐year period and analyses the legal arguments put to the High Court in unsuccessful attempts to defer and over‐turn the eviction, against the context of internationally agreed guidelines.

The research found that the judiciary gave full consideration to all aspects, in accordance with ECHR case law, and upheld the Green Belt and planning objections. The UK government was determined to proceed, resisting various offers of mediation, and the site was cleared even though no appropriate alternative accommodation was available, and notwithstanding that the occupiers owned their own plots.

The case is a new development in a long‐running history of forced eviction of Gypsies by local authorities, and is of interest in comparative study of treatment of Gypsies in other European countries, particularly in the context of the recent European Union Roma Inclusion Strategy.

This paper seeks to empirically describe the role of research and planning units within contemporary, local police organizations in the US.

Data were collected from a national survey of police organizations, municipal police agencies and sheriffs' offices in the US and analyzed using univariate statistics.

The findings demonstrate that the task scope of research and planning units (RPU) within local law enforcement organizations is heterogeneous. RPUs perform a range of tasks and these tasks differ from one agency to another. When separate tasks are aggregated into broader categories, the data reveal that, overall, RPUs focus primarily on administrative tasks.

These findings suggest that RPUs primarily focus on administrative support tasks rather than research and planning projects. Thus, RPUs may be underutilized by law enforcement organizations. These findings suggest that administrators consider how the task scope of RPUs can be refocused to help law enforcement agencies achieve their goals.

This paper empirically updates the understanding of the tasks and functions of contemporary police research and planning units.

The purpose for this paper is to share jurisdictional knowledge on local law-making theory and praxis, an area of law not well represented in the literature despite its involvement in day-to-day life.

The paper not only shares knowledge about the local law-making process in Melbourne, Australia, but also explores attitudes to local law-making gathered through semi-structured interviews from a sample of relevant stakeholders.

The paper reports on findings from a study undertaken in Melbourne, Australia. Stakeholder perceptions and attitudes were canvassed regarding local law-making in the areas of land use planning and waste management. Overall, stakeholders were satisfied that Melbourne is a robust jurisdiction offering a fair and transparent local law-making system, but they see scope for more public participation.

The findings suggest that even though the state of Victoria offers a fair and transparent system of local law-making, there is still significant scope for more meaningful involvement from the community, as well as space for more effective enforcement of local laws. The stage is set for greater cross-jurisdictional reciprocal learning about local law-making between cities.

This paper offers meaningful and utilitarian insight for policy and law makers, academics and built environment professionals from relevant stakeholders on the operation and transparency of local law-making.

Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this purpose. Most of the attention has been on financial services, but there have been recent developments in the UK planning system, which provide interesting parallels.

Seeks to highlight the major planning proposals of interest to practitioners. Summarises other changes as they apply to England and Wales. Concludes that while leaving the framework of town and country planning in place, the new Act makes significant changes and introduces important new procedures.