Includes bibliographical references. / This thesis focuses on the lack of legal certainty with regard to the exercise of planning law mandates of the respective spheres of government in South Africa. An attempt is made to uncover the reasons for the lack of legal certainty by looking at the pre-1994 planning regime and the regulatory framework inherited by the new dispensation. Thereafter, the subsequent Constitutional and legislative developments are outlined and areas of confusion are identified. Reasons are given for why cooperative governance has failed to allay such confusion. Lastly, the subsequent attempts by the judiciary and the legislature are analysed to see whether they have successfully provided for the legal certainty needed.

Le recours pour excès de pouvoir introduit par les tiers fait l’objet de transformations de plusieurs natures et l’urbanisme est un domaine dans lequel la mutation est particulièrement frappante. Estimé attentatoire à la stabilité des autorisations d’urbanisme, ce « procès fait à un acte, d’utilité et d’ordre publics » a été amendé, en grande partie par le législateur, dans le sens d’une plus grande sécurisation et subjectivisation. Par ce fait, il peut désormais être décrit comme altéré dans la mesure où les caractères constitutifs de ce monument du contentieux administratif tendent à s’effacer face à de nouveaux impératifs. La fermeture de l’accès au prétoire ainsi que l’évolution profonde de l’office du juge urbanistique conduisent ainsi à interroger la permanence d’un recours pour excès de pouvoir en urbanisme. Or, le processus d’altération du recours pour excès de pouvoir se heurte à des obstacles qui empêchent toute dénaturation de ce dernier. La pertinence d’un recours en légalité, objectif et ouvert demeure certaine tant ces caractères permettent de pallier les défauts du droit de l’urbanisme et l’absence de moyen alternatif de contestation de la décision administrative. En outre, le recours en urbanisme ne peut adopter le régime d’aucun autre recours, le conduisant irrémédiablement vers l’hybridation de son régime. / Actions of annulment by third parties are undergoing various transformations, most strikingly in the field of urban planning. Perceived as prejudicial to the stability of urban planning permissions, this “deed put on trial, of public utility and nature,” was amended, mostly by legislators, towards greater security and subjectivity. Consequently, it can henceforth be described as somewhat distorted, inasmuch as the constitutive characteristics of this pillar of administrative litigation tend to fade in the face of new priorities. The closing of the access to the courtroom as well the radical evolution of the urban planning judge’s function raise questions about the enduring nature of the action of annulment in urbanism. Yet, the alteration process of the action of annulment runs into obstacles that prevent any denaturation of it. The relevance of a legal appeal, objective and open, remains unquestioned in light of the degree to which its characteristics enable to overcome the flaws of urban planning law, and the absence of alternative means to appeal the administrative ruling. Moreover, appeals in urban planning law cannot adopt any other appeal’s legal rules, which inevitably renders its own system hybridized.

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Since the introduction in early 1971 of the Land Use Contract - S. 702A of the B.C. Municipal Act - few, if any, studies have been devoted to its practical applications. This paper therefore attempts both a survey and analysis of the use and implications of S. 702A. Questionnaires were used to collect data from all Regional Districts and some fifteen larger municipalities. Although results indicated a wide and varied usage, there was little evidence of a strongly demonstrated need for a new form of land control. Both the planners and administrators to whom the questionnaires were directed, and by their evidence the general public, misunderstood and are confused by the new provisions. However, fewer problems than anticipated were apparantly encountered in the use of S. 702A, and initial reluctance to utilize the legislation is dissipating. By reference to American zoning and British development control methods, it was determined that the Land Use Contract is a form of development control, similar to Ontario practices and not unlike the British example. It can be used to considerable advantage in the planning process, particularly where flexibility and innovation are desired, so long as it is used, as with all development control, in accordance with a comprehensive plan. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

published_or_final_version / Architecture / Doctoral / Doctor of Philosophy

No description available.

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The 24-hour day/night cycle naturally helps to maintain balance and stability within a nocturnal ecosystem. While the rhythms of the natural light-dark cycle of day and night are able maintain a stable balance with ecological and human-made activities in relation to the nature of lighting and darkness, light pollution still significantly reduces average human well-being, impacts on the visibility of faint night sky objects during the night with the naked eye and telescope, and damages the night environment. It can be defined as “every form of artificial light in the wrong place at the wrong time which creates a sky glow, glare, nuisance, and other relevant causes of environmental degradation including some properties of artificial light which emit non-environmentally friendly or inappropriate light.” Light pollution can reduce human health, interfere with the nocturnal and/or dark-sky environment, reduce transportation safety and waste lighting energy consumption. Therefore, hard laws and soft laws from international and national jurisdictions established a duty on local authorities to manage outdoor lights and control all key elements of light pollution so as to ensure that people are not exposed to risks to the night environment. These also include environmental risks arising from a sky glow when measuring the non-environmentally atmospheric smog that hangs over urban areas at night where the level of exterior lighting from outdoor light sources is relatively high. However, English law does not contain stage processes and responsibilities for local authorities to deal with all aspects of outdoor light pollution. It also does not contain powers concerning the use of certain measurable degrees of non-environmentally friendly light metric, together with powers for the Government to approve a single framework for the minimisation of sky glow in public atmospheric areas at night. The main purpose of this study is to use comparative law studies to better understand the strengths and weaknesses of light pollution laws in different jurisdictions where adopted legislation has been designed to limit light pollution from outdoor light fixtures and design, and to improve national or local light pollution regulatory frameworks by providing better outdoor lighting practices through making valuable contributions to a comparison of international, European, national and local light pollution laws and to the improvement of regulatory measures in English legal system. It also proposes to do so by illustrating key differences between England and other jurisdictions and examining a set of necessary or proportional regulatory standards to combat light pollution. This research’s review of the jurisdictions and the legal systems available for both light pollution control and sustainable lighting practices has highlighted the recent evidence of such influence of hard and soft law on legislation in selected countries. When comparative law on different jurisdictions is discussed, the influence of a comparative approach in each national or municipal light pollution law is, at most, one of finding inspiration in the procedure of establishing a number of necessary steps to reforming the English law of light pollution control in favour of a better solution. Taking legal action to reduce the effects of non-environmentally friendly or unnecessary lights at night provides an excellent opportunity to deliver further benefits to both environmental lighting practices and energy efficiency. This research also highlights the key legal aspects concerning light pollution and outlines the ways in which regulators and policy makers can make the most of the interconnections between regulatory measures to address key elements of outdoor light pollution, such as sky glow, glare and intrusive light. It is intended to outline a wider vision for how English law can prevent all key elements of light pollution. This research also comparatively examines why England should be committed to ensuring that the English regulatory measures compare favourably with the global and regional light pollution control standards in the highest performing jurisdictions, and establishes stringent legal requirements for light pollution control which measure up to the highest standards set internationally. In the final Chapter we present useful recommendations which highlight instances in which England should be able to promote the application of necessary principles and stage processes through comparative effectiveness for outdoor lighting practices by applying international, regional and national criteria for different forms of outdoor lighting practices.

Theoretical literature on the politics of land use is so limited that original research into the problem was required. The drafting and enactment of Senate Bill 100 by the Fifty-seventh Session of the Oregon Legislature provided the basis for researching my premise of need equals want. The bill designated state land use planning organizational structure. The Land Use Policy Committee minutes and Legislative minutes were merged with information attained through personal interviews from a variety of participants in the drafting of the Senate Bill 100. Theoretical literature was equally available in Public Administration, Law and Land Use Planning. The Constitutions of the United States and the State of Oregon plus the Oregon Revised Statutes were fundamental in the research. The research material on the politics of land use was found by sifting through public and private records and four separate libraries: Oregon State Archives, the Oregon State Law Library, Multnomah County Law Library and Portland State University Library. Personal interviews provided valuable additional data. The politics of land use is the lengthy saga of the enactment of Senate Bill 100 (1973) by the Oregon Legislature. It is the story of the bill’s conception, conflicts and compromises. The Land Use Policy Committee (LUPC), Created and chaired by State Senator Hector Macpherson, drafted the original SB 100 in 1972, which was assigned to the Oregon Senate Environment and Land Use Committee (SELUC) in January, 1973. The LUPC bill was designed of, by and for proponents of land use planning. When the opponents to the planning concept were heard by the SELUC, need vs. want made passage of Senate Bill 100 a political impossibility. The issues that surfaced generated a series of conflicts which required political compromises. In addition to the primary conflict, need vs. want, there were provocations concerning localism vs. regionalism; economy vs. environment and who holds what reins of power. The Drafting Subcommittee of the Ad Hoc Committee of the SELUC made six significant changed in SB 100 to insure legislative enactment of the bill in 1973. The changes, while resolving most of the conflicts, still did not equate need and want, so the SELUC added a Statement of Legislative Intent, not to SB 100, but to the Senate Journal as a limit on administrative power. The last political compromise was made during the Senate Floor Debate on SB 100 when the emergency clause was removed from the bill. To all intents and purposed, need equaled want with Senate passage.

Lesotho is faced with massive problems relating to the environment and landuse planning. The main concern is land degradation and soil erosion. The problems which have been identified are legislative and socio-economic. The social and economic make-up of the country makes it a difficult task to redress the identified problems. Lesotho has ample laws which addresses the environment and proper land-use planning but there is evident lack of implementation and law enforcement. A decisive government policy which recognise the importance of according environmental issues the highest priority is needed. This will facilitate proper implementation. / Private Law / LL.M.